- Thomas Jefferson, December 20, 1787
In the summer of 1787, delegates from the 13 states convened in Philadelphia and drafted a remarkable blueprint for self-government — the Constitution of the United States. The first draft set up a system of checks and balances that included a strong executive branch, a representative legislature and a federal judiciary.
The Constitution was remarkable, but deeply flawed. For one thing, it did not include a specific declaration — or bill — of individual rights. It specified what the government could do but did not say what it could not do. For another, it did not apply to everyone. The “consent of the governed” meant propertied white men only.
The absence of a “bill of rights” turned out to be an obstacle to the Constitution's ratification by the states. It would take four more years of intense debate before the new government's form would be resolved. The Federalists opposed including a bill of rights on the ground that it was unnecessary. The Anti-Federalists, who were afraid of a strong centralized government, refused to support the Constitution without one.
In the end, popular sentiment was decisive. Recently freed from the despotic English monarchy, the American people wanted strong guarantees that the new government would not trample upon their newly won freedoms of speech, press and religion, nor upon their right to be free from warrantless searches and seizures. So, the Constitution's framers heeded Thomas Jefferson who argued: "A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference."
The American Bill of Rights, inspired by Jefferson and drafted by James Madison, was adopted, and in 1791 the Constitution's first ten amendments became the law of the land.
Limited Government
Early American mistrust of government power came from the colonial experience itself. Most historians believe that the pivotal event was the Stamp Act, passed by the English Parliament in 1765. Taxes were imposed on every legal and business document. Newspapers, books and pamphlets were also taxed. Even more than the taxes themselves, the Americans resented the fact that they were imposed by a distant government in which they were not represented. And they were further enraged by the ways in which the Stamp Act was enforced.
Armed with “writs of assistance” issued by Parliament, British customs inspectors entered people's homes even if they had no evidence of a Stamp Act violation, and ransacked the people's belongings in search of contraband. The colonialists came to hate these “warrantless” searches and they became a rallying point for opposition to British rule.
From these experiences came a uniquely American view of power and liberty as natural enemies. The nation's founders believed that containing the government's power and protecting liberty was their most important task, and declared a new purpose for government: the protection of individual rights.
The protection of rights was not the government's only purpose. It was still expected to protect the community against foreign and domestic threats, to ensure economic growth, and to conduct foreign affairs. It was not, however, the government's job to tell people how to live their lives, what religion to believe in, or what to write about in a pamphlet or newspaper. In this sense, the idea of individual rights is the oldest and most traditional of American values.
Which of the following best describes the text's main idea?
A. The Bill of Rights was meant to protect individual rights and has done so since it was first ratified.
B. The Bill of Rights was meant to protect individual rights but has not always been evenly applied or enforced.
C. The Bill of Rights was meant to protect individual rights but the courts have not been able to enforce any of its provisions.
D. The Bill of Rights was meant to protect individual rights but Americans decided over time that it was an unnecessary document.
choose the correct answer
1 answer
The best description of the text's main idea is:
B. The Bill of Rights was meant to protect individual rights but has not always been evenly applied or enforced.
This choice reflects the text's discussion of the initial intent behind the Bill of Rights and acknowledges the complexities regarding its application and enforcement, especially regarding who was considered entitled to those rights at the time.
