Teaching about Constitutional Rights Byrd Center Summer Workshop

Presenter: Dr. Charles M. Flanagan – Charles.flanagan@nara.gov

Length of session: 60 minutes

“That to secure these rights, Governments are instituted among Men, deriving

their just powers from the consent of the governed.” Declaration of Independence

Guiding Question: What insights about constitutional rights can students understand from

studying how Congress created the Bill of Rights?

1. What contributions did Anti-Federalists in state ratifying conventions contribute to the Bill of

Rights?

a. The nature and limits of constitutional rights: Virginia Ratifying Convention(See

Document 1)

b. The relationship of rights to the people: New York Ratifying Convention (See Document

2)

c. Statement of the minority of the Pennsylvania ratification convention. (See Document 3)

d. Statement of the Virginia ratifying convention on arms and the militias, (See Document

4)

e. Statement of the New York ratifying convention on arms and the militia, (See Document

5)

2. How did Congress formulate the Bill of Rights?

a. Articles 1 - 4: People and government

b. Articles 5 - 13: People’s rights in judicial processes

c. Articles 14 - 17: The relationship of states and the federal government

3. How did Congress negotiate the content of the Bill of Rights

a. Articles 3 & 4: How Articles were shaped in the legislative process

b. Articles 14 & 16: The implications of Articles deleted

c. Article 1: How would Article 1 change representation and Congress?

d. Article 5: What was the “original meaning” of Article 5?

(Sections 2 & 3 are based on a discussion of Senate Revisions to House Proposed Amendments

to the U.S. Constitution, NAID 3535588)

See also, the free app and eBook Congress Creates the Bill of Rights,

https://www.archives.gov/legislative/resources/bill-of-rights

Primary Sources: Ideas about constitutional rights expressed in statements from ratifying

conventions

Document 1: The nature and limits of constitutional rights:

“There are certain natural rights of which men, when they form a social compact

cannot deprive or divest their posterity, among which are the enjoyment of life

and liberty, with the means of acquiring, possessing and protecting property, and

pursuing and obtaining happiness and safety. Virginia Convention, June 27,

1788

Document 2: The relationship of rights and the people:

That the Powers of Government may be reassumed by the People, whensoever

it shall become necessary to their Happiness; that every Power, Jurisdiction and

Right, which is not by the said Constitution clearly delegated to the Congress of

the United States, or to the departments of the Government thereof, remains to

the People of the several States or to their respective State Governments to whom

they may have granted the same…. New York Convention, July 26, 1788”

Source: https://www.archives.gov/files/legislative/resources/bill-of-rights/CCBR_IIB.pdf

Document 3 Statement of the Minority of the Pennsylvania Ratification Convention

(Excerpt)

“Seventh. That the people have a right to bear arms for the defence of

themselves and their own state, or the United States, or for the purpose of

killing game…

Eighth. The inhabitants of the several states shall have liberty to fowl and hunt

in seasonable times, on the lands they hold, and on all other lands in the United

States not (enclosed), and in like manner to fish in all navigable waters, and

others not private property, without being restrained therein by any laws to be

passed by the legislature of the United States.”

Source: https://www.archives.gov/files/legislative/resources/education/bill-of-

rights/images/handouts-all.pdf

Document 4 Statement of the Virginia ratifying convention on arms and the militia.

“That the people have a right to keep and bear arms; that a well regulated

militia composed of the body of the people trained to arms is the proper,

natural and safe defense of a free state. That standing armies in times of

peace are dangerous to liberty, and therefore ought to be avoided ... That any

person religiously scrupulous of bearing arms ought to be exempted upon

payment of an equivalent to employ another to bear arms in his stead.

Virginia Convention, June 27, 1788

Document 5: Statement of the New York ratifying convention on arms and the

militia

That the People have a right to keep and bear Arms; that a well regulated

Militia, including the body of the people capable of bearing Arms, is the

proper, natural, and safe defense of a free State. New York Convention,

June 26, 1788”

Text of the Second Amendment: A well regulated Militia, being necessary to the security of a free State, the right of

the people to keep and bear Arms, shall not be infringed.