When the Constitutional Convention began in the summer of 1787, representatives from all 13 states were in attendance. The first draft of the Constitution of the United States of America contained the country’s current check and balance system: the Executive, Legislative, and Judicial branches. Unfortunately, it was highly flawed, failing to guarantee individual rights. Heated deliberation began in the hall between the Federalists and the Anti-Federalists.
Rep. Charles Pinckney proposed several individual issues, calling it the “Bill of Rights.” Included were the guarantee of freedom of the press and discontinued forced housing of militia members in private homes. However, the committee immediately rejected Pinckney’s suggestions in August of 1787.
James Madison is considered the architect of the Constitution. He rejected any significant changes, believing that the separation of powers adequately protected the rights of individuals.
Also under consideration would be the necessity of extending the Convention and the possibility for rejection of fiercely debated issues that had been agreed upon in a spirit of compromise, proving once again that democracy is never easy.
To be totally clear, the Founding Fathers were far from perfect, but they were willing to listen and evaluate ideas from others and find a compromise.
These past lessons are the foundation for who Americans are today as a nation of diversity and free thought.
The debate over ratification was naturally boisterous but very sincere. Anti-Federalists believed that the Constitution in its current form ignored the liberties of the individual. The Federalists eventually agreed to discuss the situation. With ratification becoming less likely, they decided to entertain the idea of a Bill of Rights.
Thomas Jefferson, who did not attend the Convention, wrote a letter to Madison offering his opinion about the contents of the Constitution. He reminded Madison of the issues that encouraged every man attending the Convention to leave their country of birth and create a nation founded on individual freedom and guaranteeing fundamental human rights.
“[A] bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse,” writes Jefferson.
Madison remained skeptical. He believed that the federal government’s powers would be sufficient in the protection of individual liberties. However, by the fall of 1788, Madison became convinced that a Bill of Rights would encourage future generations to fight against an oppressive and autocratic government. He was convinced that the judicial branch would protect those rights.
When the Convention reconvened in 1789, Madison presented what he described as the results of his “nauseating task” of writing a list of amendments. Some were immediately rejected, while others resulted in lengthy discussions.
Some attendees remained convinced that a Bill of Rights was unnecessary. They believed that the original draft of the Constitution implied individual rights. They argued that a Bill of Rights might actually infringe upon rights not listed.
This is why the Ninth Amendment was added. It provided that all rights were equal and cannot be used to deny or disparage the right of others.
When the Constitution was presented to the states for ratification, requiring an affirmative vote of three-quarters to confirm, the Bill of Rights was reduced to 10 Amendments.
The Founding Fathers should be commended for their accomplishments, and Americans must thank them for their many hours of disagreement. This was undoubtedly the most democratic event in history. Deliberation results in the creation of great ideas, and compromise allows those ideas to be acceptable to the majority.
America’s government is dysfunctional today because none of this exists inside the Capitol Building. Republicans, continue to reject any bill which would positively affect the lives of the majority.
The Constitutional Convention was the “ultimate reality show” without scripts and directors. There is nothing more exciting than an exchange of ideas, even though the deliberation might have become quite heated.
Op-ed by James Turnage
Edited by Cathy Milne-Ware
Sources:
Exploring Constitutional Law: The Bill of Rights: Its History and Significance
ACLU: THE BILL OF RIGHTS: A BRIEF HISTORY
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First Inset Image by Visitor 7 Courtesy of Wikimedia – Creative Commons License
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