The Bill of Rights stands as a cornerstone of American liberty, a set of amendments to the Constitution that guarantees fundamental rights to every citizen. From the freedom of speech and religion to the right to a fair trial and protection against unreasonable searches, these amendments appear on paper to safeguard a diverse range of liberties. Landmark Supreme Court cases have further solidified and expanded these protections, extending the right to legal counsel (Gideon v. Wainwright), broadening safeguards against self-incrimination (Miranda v. Arizona), redefining the right to bear arms (District of Columbia v. Heller), and even impacting political campaign finance (Citizens United v. FEC). Understanding Why Is The Bill Of Rights Important requires delving into its history, its evolution, and its profound impact on American society.
However, the Bill of Rights wasn’t always the powerful force it is today. For a significant portion of early American history, these crucial amendments were largely inactive, remaining almost forgotten for over a century after their ratification.
Linda Monk, a scholar and author of “The Bill of Rights: A User’s Guide,” explains this initial dormancy: “For the first century of its existence, the Bill of Rights did not feature prominently in Supreme Court cases, mainly because the Court determined that its reach was limited to the national government. State governments, in that era, wielded far greater influence over the daily lives of citizens.” This interpretation significantly curtailed the Bill of Rights’ practical impact for ordinary Americans.
In 1833, a pivotal legal challenge arose when a Baltimore wharf owner sought to invoke the Bill of Rights against local government action. He argued before the Supreme Court that the city had violated his Fifth Amendment right to due process. However, in Barron v. Baltimore, the Supreme Court firmly rejected this appeal. Chief Justice John Marshall asserted that the Bill of Rights amendments lacked “any indication of an intent to apply them to State governments,” thus upholding the view that these amendments did not constrain state actions. “This court cannot so apply them,” Marshall declared, reinforcing the limited scope of the Bill of Rights at the time.
The ratification of the 14th Amendment after the Civil War seemed to offer a turning point. This amendment declared that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” language that appeared to mandate states to respect constitutional liberties. Despite this seemingly clear directive, the Supreme Court initially maintained its stance, continuing to rule that the Bill of Rights remained inapplicable to the states. This period highlighted a significant disconnect between the promise of the 14th Amendment and its initial judicial interpretation.
The 1920s marked the beginning of a gradual but transformative shift. Legal advocates began strategically utilizing the Bill of Rights, steadily bringing cases that challenged the previous narrow interpretations. This era witnessed the Bill of Rights slowly evolving into the central pillar of individual rights protection that we recognize today.
A landmark moment arrived in 1925 when the Supreme Court, reversing its prior trajectory, ruled that the 14th Amendment did indeed obligate state governments to respect the First Amendment’s guarantee of freedom of speech. This decision signaled a fundamental change in judicial thinking and paved the way for the “incorporation doctrine.”
Through a series of cases, federal courts began to incrementally apply, or “incorporate,” many of the Bill of Rights guarantees to the states via the 14th Amendment. This “incorporation doctrine” became a cornerstone of modern American constitutional law, extending vital protections against state and local government overreach. While most rights have been incorporated, some, like the Third Amendment concerning the quartering of soldiers, have not yet been fully applied to all states.
Today, cases invoking the Bill of Rights are frequently at the forefront of the Supreme Court’s agenda, often representing the most closely watched and debated legal issues of the year. This prominence underscores the Bill of Rights’ vital role in contemporary American legal and political discourse.
“The freedoms enshrined in the Bill of Rights articulate Americans’ most deeply held values: freedom of religion, speech, and the press, the right to bear arms, privacy, and the balance of power between state and federal authorities,” Monk emphasizes. “When we find ourselves in profound disagreement regarding these fundamental rights, finding common ground becomes exceptionally challenging.” This statement highlights the Bill of Rights not just as a legal document, but as a reflection of core American values and a potential source of societal tension when interpretations diverge.
Even considering its lengthy period of relative inactivity, the deep public concern and engagement with Bill of Rights-related cases today is entirely appropriate and understandable, according to Monk.
Reflecting on the Constitution’s drafting in 1787, it’s noteworthy that every state delegation initially opposed including a Bill of Rights, deeming it unnecessary. It was James Madison and the first Congress who spearheaded its creation, responding to widespread public apprehension about the new Constitution’s potential for overreach.
“The absence of a Bill of Rights emerged as the primary obstacle to ratification by the states. Consequently, James Madison and others pledged to support its addition,” Monk recounts. “It was the insistence of the people during the Constitution’s ratification process that ultimately brought the Bill of Rights into existence. We, the People, are the true authors of our Bill of Rights.” This historical context reveals that why is the Bill of Rights important is intrinsically linked to the will of the people and their enduring demand for protected liberties against government intrusion.
