History of The Bill of Rights in The United States

The First Amendment, along with the entire Bill of Rights, was not initially included in the Constitution. It was not until December 15, 1791, that the First Amendment became part of the U.S. Constitution. When the Constitution was written in 1787, it omitted individual rights for citizens, which led to the refusal of many states to ratify it. The Constitution of the U.S. was designed to embody the fundamental principles of a government, but the lack of a Bill of Rights was the main reason why many opposed its ratification.

Overview of the Development of the United States Bill of Rights

As stated in Article VII, “the vote of nine states shall be sufficient for the establishment of the Constitution as the principal document uniting the states,” but in 1788 only four states had ratified it (U.S. Const. art. VII). At the time of the ratification, there was a debate between those who supported it, the Federalists, and those who opposed it, the Anti-Federalists. The Federalists argued that individuals’ rights were already protected by state constitutions and that not listing these rights did not mean they were nonexistent as natural rights. This perspective explains why First Amendment rights were initially not included in the Constitution. On the other hand, the Anti-Federalists strongly disagreed and feared that the increased strength of a national government would lead to an abuse of individual rights (Rakove, 1996).

These disputes finally initiated the drafting of a new charter for the Constitution of the United States that included the First Amendment as the first section under the Bill of Rights. The leading figure for this draft was James Madison of Virginia, who is often considered “the father of the Constitution” because of his prominent contribution to its creation. Even though Madison was responsible for writing the First Amendment, the man behind the idea was Thomas Jefferson. While Thomas Jefferson was absent from the Constitutional Convention, serving as the U.S. minister in France, he became Madison’s mentor. Jefferson influenced Madison on the need for a Bill of Rights, and specifically, the freedoms described in the First Amendment were his top priority (Maier, 2010).

These fundamental freedoms defined in the First Amendment were shaped by protection of rights and freedom documents from the Magna Carta in 1215. The First Amendment was proposed in the Bill of Rights in 1789 and was adopted by states in 1791.

Key Provisions of the First Amendment

The first article of the First Amendment guaranteed the freedom of religion and worship. The clause, as Thomas Jefferson pointed out, had established a “wall of separation between the church and the state” (Jefferson, 1802). Nevertheless, according to the article, the government was banned from establishing an official church. However, the freedom of worship was ensured with some exceptions that were added later, including prohibiting ritual slaughter and denying medical care for religious purposes.

The freedom of expression and press was also guaranteed in the First Amendment; thus, some exceptions were imposed. The article gives the press the right to criticize the government. However, exceptions that endow the government with the right to censor the press were made during wartimes. For example, President Abraham Lincoln was the first to censor anti-Union newspapers during the Civil War. Additionally, using abusive language against the flag, government, and Constitution was considered a crime during World War I (Schudson, 2008). In addition to wartime, the freedom of expression and press is limited in matters of obscene materials.

The amendment ensured the right to peaceably assemble. Similar to the previous articles, this one has also been refined many times. Now it implies not disrupting the public order, using words which trigger or provoke violence, or even burning the U.S. flag. Despite these exceptions, the right to demonstrate against the government has been considered an essential right. Former Chief Justice Charles Evans Hughes noted that, “Peaceable assembly for lawful discussion cannot be made a crime” (Hughes, 1931).

Conclusion

In conclusion, regardless of some minor exceptions and refinements, the three essential rights of freedom were covered by the First Amendment. By having their rights to exercise their preferred religion, express themselves, and peacefully protest against the government, liberty was guaranteed to certain citizens of the U.S. These freedoms have become foundational principles that continue to shape American democracy and civil liberties today.