On December 15, the United States commemorates Bill of Rights Day, marking the ratification of the first ten amendments to the Constitution in 1791. These amendments were crucial in securing support for a new government framework to replace the Articles of Confederation, which had proven unstable. Known collectively as the Bill of Rights, these amendments aim to limit government power and protect individual freedoms.
The U.S. Bill of Rights is unique in its assertion that rights are inherent and must be respected by the government. This contrasts with many other countries, where freedoms are often viewed as privileges that can be revoked at the government's discretion. The founding principle of the United States is that government is legitimate only when it respects the rights of individuals.
James Madison, who later became the fourth president, is often referred to as the father of the Bill of Rights. Initially, he opposed the idea of formally codifying protections for individual liberties. Madison believed that rights were natural and existed prior to any government. In the Federalist Papers, he argued that the powers granted to the federal government were limited and defined, stating, "The powers delegated by the proposed constitution to the federal government are few and defined."
Madison expressed concern that enumerating specific rights could lead people to believe that those were the only rights they possessed. He maintained that individuals have the natural right to act freely as long as they do not infringe on the rights of others. In a letter from 1792, he elaborated on the concept of property, stating that it encompasses everything to which a person can attach value, including opinions and personal safety. He emphasized that "conscience is the most sacred of all property."
Despite his initial reservations, Madison was persuaded by Thomas Jefferson, who encouraged him to support the inclusion of rights protections. Jefferson argued that the Constitution should safeguard against potential abuses of power by the government. He famously wrote, "Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can."
Ultimately, Madison introduced twelve amendments, of which ten were ratified. One of these amendments, the Ninth Amendment, addressed Madison's concerns about listing specific rights. It states, "The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," reinforcing the concept of natural rights.
The Bill of Rights originally applied only to the federal government, but the Fourteenth Amendment later extended these protections to state governments. While other nations have enacted similar rights protections, they often frame them as privileges that can be limited by legislation. For instance, New Zealand's Bill of Rights is a law that has gained quasi-constitutional status, but it allows for laws that may conflict with its provisions.
As the U.S. celebrates Bill of Rights Day, it reflects on the enduring significance of these amendments in safeguarding individual liberties against government overreach.

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