Transcript Origins of the Bill of Rights

The Bill of Rights
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“Rights and Responsibilities”
• The meaning behind “rights
and responsibilities”
• Americans’ understanding of
the Bill of Rights
• What does it all mean?
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“Rights and Responsibilities”
• Rights and their responsibilities
are inseparable
• The Framers drew from the past
to build for the future
• Roman Republic
• Enlightenment philosophy
• English law
• American colonial history
• The rights granted evolved over
time
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The Roman Republic
The Roman Republic’s influence on the
Bill of Rights:
• Roman law based on laws of
nature
• Laws established equality and
justice
• Limited the power of the state
• Created laws that protected
property, contracts, and promoted
equality
• Stressed the responsibility of civic
virtue
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Influences from English Law
Magna Carta (1215)
• Defined the power of the monarchy
• Protected barons’ rights to property,
trial by their peers, and taxation
only by consent
Glorious Revolution (1689)
• Placed Parliament above the
monarchy
• Gave Parliament freedom of speech
• No quartering of troops in people’s
homes
• No punishment without cause
The Magna Carta
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Enlightenment Philosophy
Humanists promoted the dignity of the individual and identified
the rights of man
• Voltaire advocated freedom of speech, religion, and the right to
a fair trial
• Locke spoke of the right to life, liberty, and property
• Government should protect these rights
Locke
Voltaire
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Colonial American Experiences
Experiences before and during the American Revolution
• English rights to life, liberty, and property brought to the
American Colonies
• Most Americans had more equality than the British
• Plentiful land and economic opportunities
The Pilgrims’
landing
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Colonial American Experiences:
Rights
Experiences before and during the
American Revolution
• Massachusetts Body of Liberties
(1641) reflected broadening of
rights granted to citizens
• Rights not extended to majority of
colonial population (women,
slaves)
Seal of
Massachusetts Bay Colony
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Why a Bill of Rights?
• Initially, the Constitution had no bill of
rights
• Federalists agreed to include a bill of
rights in order to gain ratification
• Drafted and approved by the first
Congress in 1789
• Approved by the states in 1791
through the amendment process
James Madison
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Discussion Questions
1. What was the Roman concept of civic virtue and the common
welfare?
2. What were some of the rights granted by English law that are
found in the U.S. Bill of Rights?
3. How did Enlightenment-era humanists view the rights of man
and the purpose of government?
4. How were the rights of Englishmen different for Americans in
the 13 colonies?
5. Were these rights given to all Americans? Why or why not?
6. Why was the Bill of Rights not included in the original
Constitution, and only added later?
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