The Bill of Rights is the first ten amendments, ratified on December 15, 1791. It started as a political deal. Several state conventions recommended amendments when they ratified the Constitution. Madison, now a congressman from Virginia, guided 12 proposed amendments through the First Congress in 1789. The states approved 10 of them. One of the leftover two, on congressional pay, finally passed as the 27th Amendment in 1992.
Madison had once agreed with other Federalists that a list of rights was unnecessary, since the federal government had only enumerated powers. He changed his mind to calm Anti-Federalist fears and head off calls for a second convention.
The First Amendment protects speech, religion, press, assembly, and petition. The Second through Eighth protect personal security and the rights of the accused, such as protection from unreasonable searches (4th), self-incrimination and double jeopardy (5th), the right to a speedy jury trial with a lawyer (6th), and protection from cruel and unusual punishment (8th). The Ninth says rights not listed still exist, and the Tenth reserves undelegated powers to the states or the people.
At first these limits applied only to the federal government, as the Supreme Court confirmed in Barron v. Baltimore (1833). Most protections reached state governments only after the 14th Amendment (1868), through a 20th-century process called incorporation.
- Ninth Amendment: States that listing certain rights in the Constitution does not mean people lack other, unlisted rights.
- Tenth Amendment: Reserves powers not given to the federal government, and not denied to the states, to the states or the people.
- Incorporation: The process by which the Supreme Court used the 14th Amendment to apply most Bill of Rights protections to state governments.
Federalists warned that listing rights could be dangerous. Which amendment answers that worry, and how? The Ninth Amendment says that naming some rights does not deny other rights the people keep.