Amending the Constitution
What did the newly written Constitution say about freedom of speech? Freedom of religion? Nothing. The drafters of the Constitution were split over whether to list individual rights. Most felt that these were matters for state or local governments. During the first congressional election campaign, however, voters changed the minds of many lawmakers—including Virginia’s James Madison, a primary framer of the Constitution.
Congressman Madison agreed that the Constitution should protect individual rights. But he and others worried that a new round of amendments could get out of hand, reshaping the government before it had a chance to prove itself. Madison carefully boiled down for the House more than 200 proposed amendments into 19 changes listing basic rights. Congress eventually passed 12. The states ratified 10 of these amendments—today’s Bill of Rights.
"[T]he first Congress ... ought to prepare and recommend to the States for ratification, the most satisfactory provisions for all essential rights, particularly the rights of Conscience in the fullest latitude, the freedom of the press, trials by jury, security against general warrants &c."
— Representative James Madison of Virginia, 1789
James Madison, by Gilbert Stuart, 1805–1807
Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin III
Bill of Rights, 1789
The First Congress sent these 12 proposed amendments to the states for ratification. On December 15, 1791, the necessary three-fourths of the states ratified amendments three through twelve—known today as the Bill of Rights.
General Records of the U.S. Government, National Archives and Records Administration, Washington, D.C.
Senate Revisions to the House Version of the Bill of Rights, 1789
The Senate’s version of the bill eliminated several of the House’s proposed amendments. The precedent of putting amendments at the end of the Constitution, instead of inserting them into the original text, was established by the House.
Records of the U.S. Senate, National Archives and Records Administration, Washington, D.C.