Why wasn’t the Bill of Rights originally in the US Constitution? - James Coll
-
0:07 - 0:10Take a moment to think
about the US Constitution. -
0:10 - 0:13What's the first thing that comes to mind?
-
0:13 - 0:14Freedom of speech?
-
0:14 - 0:16Protection from illegal searches?
-
0:16 - 0:18The right to keep and bear arms?
-
0:18 - 0:20These passages are cited so often
-
0:20 - 0:23that we can hardly imagine the document
without them, -
0:23 - 0:27but that's exactly what the writers
of the Constitution did. -
0:27 - 0:30The list of individual freedoms
known as the Bill of Rights -
0:30 - 0:32was not in the original text
-
0:32 - 0:35and wasn't added for another three years.
-
0:35 - 0:38So does this mean the founders
didn't consider them? -
0:38 - 0:43The answer goes back to the very origins
of the Constitution itself. -
0:43 - 0:46Even prior to the first shots
of the American Revolution, -
0:46 - 0:49the Thirteen Colonies worked together
through a provisional government -
0:49 - 0:51called the Continental Congress.
-
0:51 - 0:54During the war in 1781,
-
0:54 - 0:56the Articles of Confederation
were ratified -
0:56 - 0:59as the first truly national government.
-
0:59 - 1:03But establishing a new nation
would prove easier than running it. -
1:03 - 1:07Congress had no power to make
the states comply with their laws. -
1:07 - 1:10When the national government proved
unable to raise funds, -
1:10 - 1:12enforce foreign treaties,
-
1:12 - 1:13or suppress rebellions,
-
1:13 - 1:16it was clear reform was needed.
-
1:16 - 1:20So in May 1787, all the states
but Rhode Island -
1:20 - 1:25sent delegates to Philidelphia
for a constitutional convention. -
1:25 - 1:29A majority of these delegates favored
introducing a new national constitution -
1:29 - 1:32to create a stronger federal government.
-
1:32 - 1:35Thanks to compromises on issues
like state representation, -
1:35 - 1:36taxation power,
-
1:36 - 1:39and how to elect the president,
-
1:39 - 1:41their proposal gradually gained support.
-
1:41 - 1:44But the final text drafted in September
-
1:44 - 1:48still had to be approved by conventions
held in the states. -
1:48 - 1:50So over the next few months,
-
1:50 - 1:54ratification would be debated
across the young nation. -
1:54 - 1:56Among those who championed
the new document -
1:56 - 1:59were leading statesmen Alexander Hamilton,
-
1:59 - 2:00James Madison,
-
2:00 - 2:02and John Jay.
-
2:02 - 2:05Together, they laid out eloquent
philosophical arguments -
2:05 - 2:08for their positions
in a series of 85 essays -
2:08 - 2:11now known as the Federalist Papers.
-
2:11 - 2:13But others felt the Constitution
was overreaching -
2:13 - 2:15and that more centralized authority
-
2:15 - 2:20would return the states to the sort
of tyranny they had just escaped. -
2:20 - 2:22These Anti-Federalists
were especially worried -
2:22 - 2:27by the text's apparent lack of protections
for individual liberties. -
2:27 - 2:29As the conventions proceeded,
-
2:29 - 2:33many of these critics shifted
from opposing the Constitution entirely -
2:33 - 2:38to insisting on adding an explicit
declaration of rights. -
2:38 - 2:41So what was the Federalists problem
with this idea? -
2:41 - 2:43While their opponents accused them
of despotism, -
2:43 - 2:46wanting to maintain absolute power
in the central government, -
2:46 - 2:49their real motives were mostly practical.
-
2:49 - 2:54Changing the constitution when it
had already been ratified by some states -
2:54 - 2:56could complicate the entire process.
-
2:56 - 3:01More importantly, Madison felt that
people's rights were already guaranteed -
3:01 - 3:03through the democratic process,
-
3:03 - 3:07while adding extra provisions
risked misinterpretation. -
3:07 - 3:11And some feared that creating an explicit
list of things the government can't do -
3:11 - 3:14would imply that it can do
everything else. -
3:14 - 3:18After the first five states ratified
the Constitution quickly, -
3:18 - 3:20the debate grew more intense.
-
3:20 - 3:22Massachusetts and several other states
-
3:22 - 3:27would only ratify if they could propose
their own amendments for consideration. -
3:27 - 3:31Leading Federalists recognized the need
to compromise -
3:31 - 3:33and promised to give them due regard.
-
3:33 - 3:38Once ratification by nine states finally
brought the Constitution into legal force, -
3:38 - 3:41they made good on their promise.
-
3:41 - 3:43During a meeting of
the first United States Congress, -
3:43 - 3:45representative James Madison
-
3:45 - 3:48stood on the House floor to propose
the very amendments -
3:48 - 3:52he had previously believed
to be unnecessary. -
3:52 - 3:53After much debate and revision,
-
3:53 - 3:55first in the Congress,
-
3:55 - 3:56and then in the states,
-
3:56 - 4:01ten amendments were ratified
on December 15, 1791, -
4:01 - 4:06over three years after
the US Constitution had become law. -
4:06 - 4:10Today, every sentence, word,
and punctuation mark in the Bill of RIghts -
4:10 - 4:14is still considered fundamental
to the freedoms Americans enjoy, -
4:14 - 4:17even though the original framers
left them out.
- Title:
- Why wasn’t the Bill of Rights originally in the US Constitution? - James Coll
- Description:
-
View full lesson: http://ed.ted.com/lessons/why-wasn-t-the-bill-of-rights-originally-in-the-us-constitution-james-coll
When you think of the US Constitution, what’s the first thing that comes to mind? Free speech? The right to bear arms? These passages are cited so often that it's hard to imagine the document without them. But the list of freedoms known as the Bill of Rights was not in the original text and wasn't added for three years. Why not? James Coll goes back to the origins of the Constitution to find out.
Lesson by James Coll, animation by Augenblick Studios.
- Video Language:
- English
- Team:
- closed TED
- Project:
- TED-Ed
- Duration:
- 04:33
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