Bill of Rights

Constitution Sunday: Thomas B. Wait to George Thatcher

Portland, Maine, January 8, 1788 When drafting any written constitution or even any law, there is a question of whether every right should be explicitly laid out in the document. Where there are express rights in a constitution—such as the right to freedom of speech—a reader (including judges) may conclude that the list of rights […]

More

War Between the Governors and Governed

The debate surrounding the adoption of the Bill of Rights revealed to many Americans the stark differences between Federalists and Antifederalists. Edmund Pendleton, in the Virginia Convention, stated that opposition to the Constitution “rested on ‘mistaken apprehensions of danger, drawn from observations on government which do not apply to us.’” Gordon Wood, The Creation of the […]

More

The Genesis of the Bill of Rights

Prior to the American Revolution, the colonists had become familiar with the concept of charters. Charters, whether royal, corporate, or proprietary, operated “as the evidence of a compact between an English King and the American subjects.” Gordon Wood, The Creation of the American Republic: 1776-1787, 268; see also Leonard Krieger, The Politics of Discretion: Pufendorf and the Acceptance […]

More