With its majestic phrasing, the Declaration of Independence proclaims that it is “self-evident” that men …”are endowed by their Creator with certain unalienable Rights…” and “That to secure these rights, Governments are instituted among Men…”  But none of the treasured rights of freedom of speech and religion, to bear arms, to a speedy trial and others were included in the original United States Constitution. Why were all of these “unalienable Rights” added only by “Amendments” to the Constitution after it became effective?

As drafted by its primary author, James Madison, the Constitution created a national government whose powers were limited to those specifically enumerated and no others. Thus limited, and further restrained by the “checks and balances” between the three branches of government the Constitution contemplated, Madison believed the rights of the people would be automatically preserved without having to specify them. Others disagreed.

Wary of any national government, after just ridding themselves of British rule, many thought that the only way to preserve the hard-won rights of the people was to have them all carefully spelled out in the Constitution. But being better organized (and having George Washington on their side), Madison and his allies submitted the Constitution to the states for ratification without including the specific “Rights” of the people.

During the ratification process, however, Massachusetts (which then included Maine as a “province”) conditioned its acceptance of the Constitution by adding a special “rider” requiring the immediate adoption of a bill of the people’s rights. Other states then added similar riders to their ratifications. So as soon as the Constitution became effective in 1789, Madison went back to work drafting the specific rights of the people demanded by the states.

Madison’s original bill of rights had 17 provisions. He submitted them to the newly elected Congress to be considered as the first amendments to the Constitution. Congress approved just 12 and sent those to the states for ratification. In turn, the states ratified only 10, which then became part of the Constitution in 1791. These first 10 Amendments are known as the “Bill of Rights”.

Many provisions of the Bill of Rights are justly famous. Others are virtually unknown. After listing the celebrated rights of freedom of speech, religion, assembly and others, the Bill of Rights preserves every other power and right not specifically granted to the federal government for the states and for the people. And, to emphasize the importance of their preservation, the people’s “unalienable Rights” and powers are protected by two separate amendments.

The Ninth Amendment states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”. The Tenth is similar, providing: “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.” The responsibility of ensuring the preservation of these rights and powers from encroachment by today’s politicians ultimately rests with the people themselves.