Explanation of the Bill of Rights

A government of a free state has to provide protection and liberty to its citizens, ensuring no infringement of those rights. The concept of the government abusing its power and not protecting the rights unless enumerated, is not new. In 1215, King John drafted the Magna Carta, a document to protect the English commoners from the crown's policies. Even the American colonies had similar drafts; however the bill was biased, as it did not enshrine all the rights.

After America gained independence, Articles of Confederation was incorporated in the constitution, but it does not adequately spell out the role of the central government with regard to the rights of the people. George Washington was sworn in as the first president of the United States, on 30th April, 1789. Like him, many other founding fathers including Thomas Jefferson demanded a bill, that would guarantee individual liberties of the people. Thus, the need for the Bill of Rights arose.

James Madison, an American politician and fourth President of the United States (1809-1817) is known the 'Father of the Constitution.' After studying the government policies and people's needs, he came up with 42 rights which he believed that the people needed to protect themselves. However, by the time the Bill of Rights was adopted by the constitution, on 5th December, 1791 only 10 rights were included. Later, 15th December, 1941 was declared the Bill of Rights day by Franklin Roosevelt (the then President).

Bill of Rights

Amendment I: It dealt with the freedom to practice any religion, freedom to assemble to air grievances, right to petition and freedom of speech for the individual and the press.

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.

Amendment II: Constantly subjected to controversy, this right dealt with the freedom to defend and to own a weapon.

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.

Amendment III: Prohibition of the troops from quartering without the owners consent.

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.

Amendment IV: Protection from unreasonable search and confiscation.

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 issue, 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.

Amendment V: Prohibition on seizing private property without due monetary compensation or owners consent, protection from double jeopardy, right to due process in front of a jury.

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.

Amendment VI: Right to a speedy public trail, the right to be confronted with the witness against accused. Right to defend oneself.

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.

Amendment VII: Civil trail by jury, as per the common law.

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 re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII: Prohibition on excessive bail and protection from cruel and unusual punishment.

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

Amendment IX: Protection of rights not specifically enumerated in the Bill of Rights, but decreed as relevant to the people.

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

Amendment X: Reservation of non delegated powers by state and people to the state and the people, as prescribed in the U.S. Constitution.

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.

Between 1795 to 1992, 17 more rights were added to the Bill of Rights. Every right mentioned above, demonstrates what the founding fathers of America believed as ethically due to every citizen. Fourteen copies were made, one for the federal government and one for each of the original thirteen states. Presently the Bill of Rights is stored in the Independence Hall, in Washington D.C.