Protecting the Rights of the People

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As students, most of your information on a topic usually comes from either a textbook or the classroom teacher. However, to really understand a concept, the textbook should not be your final source of information on any given topic. Remember that a textbook is a secondary source of information, and as a secondary source, it offers an interpretation of historical events or documents. It is important to look at more than one source to get information on a topic. In this activity, you will compare primary and secondary sources of information to answer the question: What is the Bill of Rights?

books on a table with more books on a shelf in the background

Textbooks represent a secondary source of information that typically contain interpretations of historical events or documents.

Click on the following titles to review the excerpts for each title. Read all four excerpts and do the activity that follows.

Secondary Source #1: Amendments to the ConstitutionSecondary Source #1: Amendments to the Constitution

It took two years for all state legislatures to ratify the United States Constitution. Some states were concerned about the lack of protections of individual liberties. To alleviate these concerns, a Bill of Rights, the first ten amendments to the Constitution, were added in 1791 that protected these freedoms. Originally, twelve amendments were proposed, but only ten were adopted. Since then, only seventeen additional amendments have been added to the Constitution. Interestingly, the 27th amendment that regulates congressional pay was one of the original proposed amendments as part of the Bill of Rights.

Many of the seventeen amendments that have been added to the Constitution have made the United States more democratic and have expanded popular sovereignty. For instance, the 13th amendment abolished slavery and the 14th amendment granted citizenship and equal protection of the law to the former slaves. Other amendments such as the 15th, 19th and 26th amendments gave African Americans, women and 18-year-olds the right to vote. The 17th amendment provided for direct election of senators and the 24th amendment abolished poll taxes, which could prevent the poor from voting. It is indeed remarkable, that in over 200 years so few amendments have been made to the Constitution.

Secondary Source #2: The Need for a Bill of RightsSecondary Source #2: The Need for a Bill of Rights

Although all of the thirteen states ratified the Constitution by 1790, it was not without compromise. Many people were afraid a stronger national government provided for in the Constitution could possibly take away personal freedoms. They wanted a guarantee that their rights would be protected by listing them in the Constitution. Thomas Jefferson expressed his opinion in a letter to James Madison in 1787: "I will now add what I do not like. First the omission of a bill of rights providing clearly… for freedom of religion, freedom of the press, protection against standing armies… A bill of rights is what the people are entitled to against every government… and what no just government should refuse or rest on inference." James Madison later became the writer of the proposed Bill of Rights.

Not everyone believed a Bill of Rights was necessary. Alexander Hamilton and other Federalists believed the Constitution did not provide the government with the power to take away individual liberties. In the Federalist No. 84 he wrote, "The Constitution itself in every rational sense, and every useful purpose, [is] a bill of rights." He also believed that the states' own bill of rights protected the rights of the citizens. Opponents pointed out that not all states had their own bill of rights, including Hamilton's home state of New York.

To win support for the Constitution, James Madison proposed 12 amendments to the Constitution to serve as a Bill of Rights. By 1791, the states had ratified 10 of these amendments, which we refer to as the Bill of Rights. The Bill of Rights has served as a model for the world in the protection of human rights.

Primary Source #1: Preamble to the First Ten Amendments to the ConstitutionPrimary Source #1: Preamble to the First Ten Amendments to the Constitution

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Source: Bill of Rights Transcript, The U.S. National Archives and Records Administrationopens in new window

Primary Source #2: The Bill of RightsPrimary Source #2: The Bill of Rights

Amendment I

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

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

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

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

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 offence 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

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 defence.

Amendment VII

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

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

Amendment IX

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

Amendment X

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.

Source: Bill of Rights Transcript, The U.S. National Archives and Records Administrationopens in new window

Download the graphic organizer on the Bill of Rights and watch the video to learn how to compare and contrast primary and secondary sources of information that you have just read. Note, the graphic organizer has been completed for you as a model.

Comparing and Contrasting Primary and Secondary Sources on the Topic of the Bill of Rights: Graphic Organizer

Comparing and Contrasting Primary and Secondary Sources on the Topic of the Bill of Rights video

> Text version for video