Did the Bill of Rights go against the Constitution?

Asked by: Dr. Albina Collier PhD  |  Last update: August 10, 2025
Score: 4.5/5 (48 votes)

The Bill of Rights is part of the Constitution. Specifically, it's the first 10 amendments. These amendments clarify the rights of the people versus the power of the national and state governments.

Was the Bill of Rights against the Constitution?

The Bill of Rights was added to the Constitution because the Constitution lacked limits on government power. Federalists advocated for a strong national government. They believed the people and states automatically kept any powers not given to the federal government.

Who opposed the Constitution until the Bill of Rights?

The Anti-Federalists's opposition to ratifying the Constitution was a powerful force in the origin of the Bill of Rights to protect Americans' civil liberties. The Anti-Federalists were chiefly concerned with too much power invested in the national government at the expense of states.

Is the Bill of Rights above the Constitution?

The Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans' rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion.

Why didn t they add the Bill of Rights to the Constitution?

James Madison and other supporters of the Constitution argued that a bill of rights wasn't necessary because - “the government can only exert the powers specified by the Constitution.” But they agreed to consider adding amendments when ratification was in danger in the key state of Massachusetts.

Why wasn’t the Bill of Rights originally in the US Constitution? - James Coll

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Why did some oppose adding the Bill of Rights to the Constitution?

Many delegates believed a bill of rights would be unnecessary because all the states had their own. There was a strong belief that individual rights were implied in the document they had already created.

What did Benjamin Franklin think of the New Constitution?

In his longest speech of the Convention, Franklin (PA) said the Constitution was “near to perfection.” The delegates harbored some disagreements about what their signatures would exactly mean, but ultimately thirty-nine names were appended to the final document. The signing of the Constitution did not legally enact it.

Can the Bill of Rights be taken away?

An entrenched bill of rights cannot be amended or repealed by a country's legislature through regular procedure, instead requiring a supermajority or referendum; often it is part of a country's constitution, and therefore subject to special procedures applicable to constitutional amendments.

Who created the Bill of Rights?

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.

Can the Constitution be changed?

Congress may submit a proposed constitutional amendment to the states, if the proposed amendment language is approved by a two-thirds vote of both houses. Congress must call a convention for proposing amendments upon application of the legislatures of two-thirds of the states (i.e., 34 of 50 states).

Who rejected the Bill of Rights to the Constitution?

When the Constitution was drafted in 1787, every state delegation in attendance rejected a Bill of Rights, saying it was unnecessary. Led by James Madison, the first Congress reversed course when it became clear that the new Constitution provoked broad public suspicion.

Who originally opposed the Constitution?

The Anti-Federalists opposed the new Constitution. The Anti-Federalist camp included its own list of Founding-era heavyweights—including Virginia's George Mason, Patrick Henry, and Richard Henry Lee; Massachusetts's Samuel Adams, Elbridge Gerry, and Mercy Otis Warren; and New York's powerful Governor George Clinton.

Why did the Federalist Paper fail?

These delegates refused to ratify the document unless it was amended by a Bill of Rights. Thus, the authors of The Federalist failed in their original objective.

Which is more important, the Constitution or the bill of rights?

The Constitution is the foundational legal document of the United States. Its articles and amendments lay out the structure of our government as well as the rights of the citizenry. Every law must conform to the rules and guidelines of the Constitution. The Bill of Rights is part of the Constitution.

Does the U.S. Constitution say all men are created equal?

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Who is the Father of the Constitution?

James Madison, America's fourth President (1809-1817), made a major contribution to the ratification of the Constitution by writing The Federalist Papers, along with Alexander Hamilton and John Jay. In later years, he was referred to as the “Father of the Constitution.”

What would America be like without the Bill of Rights?

Government control, unfairness, and no individuality would be the state of the US if not for the Bill of Rights. People would not be able to do things that are unique to their personality like speaking or practicing a language.

What did Thomas Jefferson think about the Bill of Rights?

Jefferson wanted Bill of Rights for Constitution

Jefferson recognized that a stronger federal government would make the country more secure economically and militarily, but he feared that a strong central government might become too powerful, restricting citizens' rights.

Why wasn't the Bill of Rights included in the original Constitution?

Why wasn't a Bill of Rights included in the original constitution? Federalists argued that the Constitution did not need a Bill of Rights because the people and states kept any powers not given to the federal government.

Can states ignore the Bill of Rights?

However, the Fourteenth Amendment (1868) did forbid states to abridge the rights of any citizen without due process, and, beginning in the 20th century, the U.S. Supreme Court gradually applied most of the guarantees of the Bill of Rights to state governments as well.

What states that no person shall be deprived of life?

ARTICLE III. Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Can the Bill of Rights be violated?

If you believe someone is violating the Billl of Rights, that means they are violating the Constitution, and you can take that to federal court, where (if lower federal courts rulings remain contested) ultimately the Supreme Court rules whether it does or not.

Have a democracy if we can keep it?

As Benjamin Franklin left the Constitutional Convention he was famously asked what kind of government the convention had created. His reply, “A republic, if you can keep it,” underscores a truth that resonates to this day — that our nation's survival depends on its citizens being informed and engaged.

Who said a penny saved is a penny earned?

A penny saved is a penny earned. -- Benjamin Franklin.