Why were some states not in favor of the Bill of Rights?
Asked by: Zachary Murazik | Last update: August 9, 2025Score: 4.4/5 (59 votes)
It was dangerous because any listing of rights could potentially be interpreted as exhaustive. Rights omitted could be considered as not retained. Finally, Federalists believed that bills of rights in history had been nothing more than paper protections, useless when they were most needed.
Why didn't the Bill of Rights apply to the states?
Incorporation under privileges or immunities
It is often said that the Slaughter-House Cases "gutted the privileges or immunities clause" and thus prevented its use for applying the Bill of Rights against the states.
Who was not in favor of the Bill of Rights?
Federalists opposed the inclusion of a bill of rights as unnecessary. The Constitution's first draft established a system of checks and balances that included a strong executive branch, a representative legislature, and a federal judiciary—specifying what the government could do but not what it could not do.
Which states opposed the Bill of Rights?
Two states, North Carolina and Rhode Island, refused to ratify the new plan of government. Those who opposed the adoption of the Constitution were known as the Antifederalists. Many feared centralized power.
Did the states initially have to honor the Bill of Rights Why or why not?
Shortly after the Civil War, the newly ratified 14th Amendment appeared to require that states honor constitutional liberties, by declaring that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” The Supreme Court again ruled that the Bill of ...
Why wasn’t the Bill of Rights originally in the US Constitution? - James Coll
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.
Why did the states want the Bill of Rights?
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.
How many states were necessary to ratify the Bill of Rights?
Once the Bill of Rights was ratified by three-fourths of the states in 1791, it became part of the law of the land, and there was no legal need for any further ratifications. At the time Virginia ratified, Massachusetts, Connecticut, and Georgia had not sent their approvals to Congress.
What Bill of Rights was rejected?
In 1789, at the time of the submission of the Bill of Rights, twelve pro-were ratified and became the first ten amendments to the Constitution. Proposed Articles I and II were not ratified with these ten, but, in 1992, Article II was proclaimed as ratified, 203 years later.
Why did Federalists not want a Bill of Rights?
In Federalist Paper No. 84, Alexander Hamilton warned that a bill of rights could even be dangerous, because defining certain rights vaguely would leave them subject to misinterpretation or violation, where previously no such power had existed. Moreover, some important rights would be left out and therefore endangered.
Which group didn t want a Bill of Rights?
Federalists rejected the proposition that a bill of rights was needed. They made a clear distinction between the state constitutions and the U.S. Constitution.
Why did several states refuse to ratify the Constitution without the Bill of Rights?
Several arguments were voiced repeatedly during the ratification debates: That the Convention had exceeded its authority in producing a new Constitution; That the Constitution established the basis for a monarchical regime; That the Constitution lacked explicit protections for individual and states rights.
Why did Hamilton not want Bill of Rights?
Hamilton noted that "bills of rights are in their origin, stipulations between kings and their subjects... they have no application to constitutions professedly founded upon the power of the people" (Hamilton, Federalist No. 84).
Which Amendment ended slavery?
13th Amendment to the U.S. Constitution: Abolition of Slavery (1865)
Do we really need a Bill of Rights?
The Importance of the Bill of Rights The Bill of Rights is really important for many reasons but a really big one is our American Freedom. It protects our freedom of speech, religion, assembly, and due process of law.
Why were some Americans opposed to the Constitution?
The Anti-Federalists feared that the new Constitution gave the national government too much power. And that this new government—led by a new group of distant, out-of-touch political elites—would: Seize all political power. Swallow up the states—the governments that were closest to the people themselves.
Why did the Bill of Rights fail Canada?
It created no new rights, and since freedom of religion already existed before 1960, there was no basis for making the Lord's Day Act inoperative. By 1969, the court had yet to use the Bill of Rights to assert an individual's civil liberties against the state.
Why didn't they want the Bill of Rights?
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.
What did the Bill of Rights not apply to?
For many years, the Supreme Court ruled that the amendment did not extend the Bill of Rights to the states. Not only did the 14th Amendment fail to extend the Bill of Rights to the states; it also failed to protect the rights of Black citizens.
Did any states not ratify the Bill of Rights?
When the Second Congress adjourned, the ratification of 10 Amendments by 11 States had been officially received by Jefferson, the Congress, and the President. The Constitution now contained a Bill of Rights. Three States did not officially support the adoption or rejection of the Bill of Rights.
Who did not like the Bill of Rights?
Federalists rejected the proposition that a bill of rights was needed. They made a clear distinction between the state constitutions and the U.S. Constitution.
Did all 13 states have to agree to ratify the Constitution?
Under Article VII, it was agreed that the document would not be binding until its ratification by nine of the 13 existing states. Hamilton and James Madison led the lobbying efforts for votes in favor of ratifying the Constitution.
Why do you think some states refused to ratify the Constitution until a Bill of Rights was added?
The Anti-Federalists opposed the ratification of the 1787 U.S. Constitution because they feared that the new national government would be too powerful and thus threaten individual liberties, given the absence of a bill of rights.
Who is the oldest Constitution in the world?
The Republic of San Marino is believed to have the oldest Constitution in the World. The Constitution came into effect on 8th October 1600. It comprises of series of six books written in Latin, collectively known as 'Statutes of 1600'.
Who first proposed the Bill of Rights and why was it rejected?
In the final days of the Constitutional Convention, as delegates rushed to complete work on the final draft of the Constitution, George Mason of Virginia and Elbridge Gerry of Massachusetts proposed that the Constitution be “prefaced with a bill of rights.” On September 12, 1787, after little debate, the proposal was ...