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Monthly Spotlight: Bill of Rights

Bill of Rights Day

  • The Bill of Rights derives from the Magna Carta (1215), the English Bill of Rights (1689), the colonial struggle against the king and Parliament, and a gradually broadening concept of equality among the American people. Virginia’s 1776 Declaration of Rights, drafted chiefly by George Mason, was a notable forerunner.
  • The amendments James Madison proposed were designed to win support in both houses of Congress and the states. He focused on rights-related amendments, ignoring suggestions that would have structurally changed the government. 
  • Many Americans, persuaded by a pamphlet written by George Mason, opposed the new government. Mason was one of three delegates present on the final day of the convention who refused to sign the Constitution because it lacked a bill of rights.
    • James Madison and other supporters of the Constitution argued that a bill of rights wasn't necessary because - “the government can only exert the powers specified by the Constitution.” But they agreed to consider adding amendments when ratification was in danger in the key state of Massachusetts.
  • Few members of the First Congress wanted to make amending the new Constitution a priority.
    • But James Madison, once the most vocal opponent of the Bill of Rights, introduced a list of amendments to the Constitution on June 8, 1789, and “hounded his colleagues relentlessly” to secure its passage.
  • The House passed a joint resolution containing 17 amendments based on Madison’s proposal.
    • The Senate changed the joint resolution to consist of 12 amendments.
    • A joint House and Senate Conference Committee settled the remaining disagreements in September.
    • On October 2, 1789, President Washington sent copies of the 12 amendments adopted by Congress to the states.
    • By December 15, 1791, three-fourths of the states had ratified 10 of these, now known as the “Bill of Rights.”
  • On paper, the amendments protected such diverse rights as freedom of speech and religion, the right to bear arms, the right to a speedy trial by jury, and freedom from unreasonable searches.
    • In modern times, Bill of Rights cases have expanded:
      • the right to counsel (Gideon v. Wainwright, Sixth Amendment)
      • broadened protection against self-incrimination (Miranda v. Arizona, Fifth Amendment)
      • redefined the right to bear arms (District of Columbia v. Heller, Second Amendment)
      • upended political spending restrictions (Citizens United v. FEC, First Amendment).

To read more on the Bill of Rights, check out Britannica, National Archives, and the United States Courts.

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Second Amendment

A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Third Amendment

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

Fifth Amendment

No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Seventh Amendment

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Information gathered from the Bill of Rights Institute.

Here are some modern issues that some believe may impede the Bill of Rights from the Bill of Rights Institute.

  • Should social media companies have the power to remove content from their platforms?
    • Still open
  • Should state legislatures be responsible for drawing political districts?
    • Closed: 22% yes/78% no
  • Can individuals sue state governments for using fossil fuels because they have a right to a "Healthy Enviornment"?
    • Closed: 68.2% yeas/31.8% no
  • Should the United States government increase regulations on tech to create more competition?
    • Closed: 70.7% yes/29.3% no
  • should schools be allowed to randomly drug test students participating in extracurricular activities?
    • Closed: 65.5% yeas/34.5% no
  • Should Congress create more Supreme Court ethics laws?
    • Closed: 64.7% yes/35.3% no
  • Should the United States government have ended the COVID-19 Public Health Emergency Declaration?
    • Closed: 80.6% yes/19.4% no
  • Should parents have greater control over what books are permitted in Public Schools?
    • 20% yes/80% no (Thank Goodness)
  • Should ChatGPT be banned from classrooms?
    • Closed: 52.8% yes/47.2% no
  • Should the US government ban TikTok?
    • Closed: 20.6% yes/79.4% no
  • Should state governments ratify the Equal Rights Amendment?
    • Closed: 63.5% yes/36.5% no
  • Should social media companies be immune from lawsuits over content recommended on their sites?
    • Closed: 49.8% yes/50.2% no

 

The American Library Association affirms that all libraries are forums for information and ideas and that the following basic policies should guide their services.

I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.

II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.

III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.

IV. Libraries should cooperate with all persons and groups concerned with resisting the abridgment of free expression and free access to ideas.

V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.

VI. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.

VII. All people, regardless of origin, age, background, or views, possess a right to privacy and confidentiality in their library use. Libraries should advocate for, educate about, and protect people’s privacy, safeguarding all library use data, including personally identifiable information.

Adopted June 19, 1939, by the ALA Council; amended October 14, 1944; June 18, 1948; February 2, 1961; June 27, 1967; January 23, 1980; January 29, 2019.

The inclusion of “age” reaffirmed January 23, 1996.

Although the Articles of the Library Bill of Rights are unambiguous statements of basic principles that should govern the service of all libraries, questions do arise concerning the application of these principles to specific library practices. See the documents designated by the Intellectual Freedom Committee as Interpretations of the Library Bill of Rights.