Welcome to You Ask Andy

Andy Palmer, age 12, of Nashua, N.H., for his question:

WHAT IS THE BILL OF RIGHTS?      `

A bill of rights is a document that describes the basic and fundamental liberties of the people. In addition, it forbids the government to violate these rights.

The U.S. Bill of Rights is made up of the first 10 amendments to the U.S. Constitution. At first, the Constitution had very few specific guarantees of personal freedoms. Several states refused to approve the Constitution without more guaranteed rights.

James Madison led the new Congress in proposing 12 amendments to be adopted by the states under the amending process outlined in the Fifth Article of the Constitution.

By Dec. 15, 1791, enough states had approved 10 of the 12 amendments to make them a permanent addition to the Constitution. It is these 10 amendments that are known as the nation's Bill of Rights.

The first eight amendments contain the fundamental rights and freedoms of every citizen. Amendments 9 and 10 forbid Congress to adopt laws that would violate these rights.

Since the amendments were added to the Constitution, the Supreme Court of the United States has held that these rights have some limits. For example, freedom of speech does not protect a person who shouts "Fire" in a crowded theater when there is no fire.

Yet the government must respect the freedoms in all but extreme circumstances. The Bill of Rights makes this absolutely mandatory.

Each state constitution contains a bill of rights or a declaration of rights. It guarantees the fundamental rights listed in the U.S. Constitution.

The Canadian Bill of Rights became part of Canada's law on Aug. 10, 1960. It is contained in an act of the Canadian parliament. Unlike the U.S. Bill of Rights, the Canadian document is not an amendment to the constitution. The bill's provisions do not bind provincial legislatures or governments.

Back in the early days of the United States, the Federalists might never have obtained ratification in several important states if they had not promised to support amendments to the Constitution. These amendments were written to protect individual liberties against possible unjust rule by the national government.

Most state constitutions that were adopted during the Revolution had included a clear declaration of the rights of all people. Most Americans believed that no constitution could be considered complete without such a declaration.

George Mason of Virginia was responsible for the first and most famous American bill of rights, the Virginia Declaration of Rights of 1776. He and Patrick Henry might have prevented ratification of the Constitution in Virginia if the Federalists had not agreed to their demands for amendments.

One of the most important amendments is the First. It says: 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 peaceable to assemble and to petition the government for a redress of grievances.

 

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