Safeguarding liberties in a new nation

by Timothy Page

On December 15, 1791, Virginia’s ratification provided the necessary three-fourths approval from the states, making the first ten amendments to the U.S. Constitution—known as the Bill of Rights—part of the nation’s fundamental law.^1 These amendments, proposed by the First Congress in 1789 under the leadership of James Madison, addressed Anti-Federalist fears that the new Constitution granted excessive power to the federal government without sufficient protections for individual liberties.^2 Drawing from English legal traditions, colonial charters, and revolutionary-era declarations, the Bill of Rights codified explicit guarantees that went beyond existing protections.

Rights of British Citizens in the Late 18th Century

British subjects in the 18th century invoked the “rights of Englishmen,” a concept rooted in documents like the Magna Carta (1215) and the English Bill of Rights (1689).^3 The 1689 Bill, enacted after the Glorious Revolution, limited monarchical power and affirmed parliamentary supremacy. It prohibited excessive bail, fines, and cruel punishments; guaranteed the right to petition; ensured free elections and parliamentary speech; and allowed Protestants to bear arms for defense.^4 These protections emphasized collective liberties against arbitrary royal authority but were not universal: voting was restricted by property, religious tests favored Protestants, and press freedom was limited by seditious libel laws.^5

Rights of American Colonists Before Independence

As British subjects, colonists claimed the same “rights of Englishmen,” including trial by jury, protection from arbitrary taxation, and local self-governance through assemblies.^6 Colonial charters, such as Virginia’s 1606 charter, promised settlers the privileges enjoyed in England.^7 Documents like the Massachusetts Body of Liberties (1641) and Pennsylvania’s Charter of Privileges (1701) expanded on these, incorporating religious tolerances and procedural safeguards.^8

However, post-1763 policies—such as the Stamp Act, Quartering Act, and use of writs of assistance—led colonists to perceive violations of these rights, including taxation without representation and unreasonable searches.^9 Grievances in the Declaration of Independence (1776) and earlier resolutions echoed these complaints, framing independence as a defense of inherited liberties.^10

Comparing and Contrasting the U.S. Bill of Rights

The U.S. Bill of Rights both inherited from and innovated upon British and colonial precedents.

Similarities:

• Protections against cruel punishments, excessive bail, and the right to bear arms mirrored the 1689 English Bill.^11
• Rights to petition, jury trials, and due process drew from common law traditions shared across the Atlantic.^12
• Colonial documents like Virginia’s 1776 Declaration of Rights prefigured many amendments, building on English models.^13

Contrasts:

• The English Bill focused on restraining the crown in favor of Parliament; the U.S. version limited all government branches, reflecting distrust of centralized power.^14
• American amendments explicitly protected freedom of speech, press, and religion without establishment—broader than Britain’s parliamentary privilege and Protestant favoritism.^15
• Specific prohibitions on soldier quartering and unreasonable searches addressed direct colonial grievances absent in English law.^16
• Unlike ordinary statutes in Britain, the U.S. amendments were entrenched, requiring a supermajority for change.^17

Ultimately, the Bill of Rights transformed inherited privileges into enumerated individual rights, securing liberties in a republican framework distinct from Britain’s monarchical-parliamentary system.

Sources

1. National Archives, “The Bill of Rights: A Transcription,” archives.gov/founding-docs/bill-of-rights-transcript.
2. History.com, “Bill of Rights is finally ratified,” history.com/this-day-in-history/bill-of-rights-is-finally-ratified (drawing from historical records).
3. UK Parliament, “Bill of Rights 1689,” parliament.uk/about/living-heritage/evolutionofparliament/parliamentaryauthority/revolution/collections1/collections-glorious-revolution/billofrights/.
4. Avalon Project, Yale Law School, “English Bill of Rights 1689,” avalon.law.yale.edu/17th_century/england.asp.
5. Wikipedia, “Rights of Englishmen” (sourced from historical analyses).
6. Library of Congress, “Rights of Englishmen in British America,” loc.gov/exhibits/magna-carta-muse-and-mentor/rights-of-englishmen-in-british-america.html.
7. Avalon Project, “First Charter of Virginia, 1606.”
8. Teaching American History, “The English and Colonial Roots of the U.S. Bill of Rights,” teachingamericanhistory.org/resource/roots-chart/.
9. National Constitution Center, “The Declaration’s Grievances Against the King.”
10. Founders Online, National Archives, Continental Congress documents.
11. Middle Tennessee State University, “English Bill of Rights,” mtsu.edu/first-amendment/article/865/english-bill-of-rights.
12. Britannica, “Bill of Rights (United States Constitution).”
13. American Founding, “Origins of the Bill of Rights Series: English and Colonial Roots.”
14. UK Parliament historical notes.
15. First Amendment Encyclopedia comparisons.
16. Library of Congress timelines on American Revolution grievances.
17. Comparative constitutional analyses from scholarly sources.