What ideas from the Virginia Declaration of Rights are reflected in the Bill of Rights?

Q: How did the VA Declaration of Rights influence the Bill of Rights?

Virginias Declaration of Rights was drawn upon by Thomas Jefferson for the opening paragraphs of the Declaration of Independence. It was widely copied by the other colonies and became the basis of the Bill of Rights. Written by George Mason, it was adopted by the Virginia Constitutional Convention on June 12, 1776.

This extract is taken from the Virginia Bill of Rights, which was passed by the House of Burgesses in June 1776. Authored primarily by George Mason, it sought to protect the natural rights of men and was thus a reflection of Enlightenment ideas and values. The content and function of the Virginia Bill of Rights (also known as the Virginia Declaration of Rights) was echoed in the Declaration of Independence (July 1776) and the United States Bill of Rights (1789).

Inhaltsverzeichnis Show

How did the VA Declaration of Rights influence the Bill of Rights?
What were the two Virginia documents that inspired the Bill of Rights?
What important ideas are in the Virginia Declaration of Rights?
Did Virginia support the Bill of Rights?

“I. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
II. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
III. That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-administration; and that, when a government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public will…
V. That the legislative, executive and judicial powers should be separate and distinct; and that the members thereof may be restrained from oppression…
VI. That all elections ought to be free, and that all men having sufficient evidence of permanent common interest with, and attachment to the community have the right of suffrage, and cannot be taxed, or deprived of their property for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not in like manner assented, for the public good.
VII. That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.
VIII. That in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favour, and to speedy trial by an impartial jury of twelve men of his vicinage…
XII. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.
XIII. That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies in time of peace should e avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power…
XVI. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the duty of all to practice Christian forbearance, love and charity towards each other.”

Learning Objectifies

Define the Bill of Rights and explain why the Founding generation added it to the Constitution.
Identify the factors influencing the Founding generation’s move to add a bill of rights to the new Constitution.
Describe the rights enshrined in the Bill of Rights.
Describe the role that the battle over ratification (and the views of the Anti-Federalists) played in creating a Bill of Rights.
Describe how the 14th Amendment and later Supreme Court decisions transformed the Bill of Rights through the process of incorporation.

5.1 Activity: Dissenters at the Constitutional Convention

Student Instructions
Teacher Notes

Purpose
Despite Benjamin Franklin’s closing speech calling for all delegates to unite in signing the new Constitution, the dissenters refused to sign it on September 17, 1787—the final day of the Constitutional Convention. They worried that the delegates had created a new national government with too much power. As part of this decision, they criticized the delegates for leaving out a bill of rights. This act of dissent was central to the later framing and ratification of the Bill of Rights. Think back to our earlier discussions about the Constitutional Convention in light of these objections. Do you think that you would have joined George Mason, Elbridge Gerry, and Edmund Randolph in dissenting?

Process
Think about the significance of the U.S. Constitution. Share the first idea or part of the Constitution that comes to mind.

Then, look at the Visual Info Brief: Three Delegates image of three delegates to the Constitutional Convention taken at the National Constitution Center’s Signers’ Hall Exhibit.

Answer the following questions and be prepared to engage in a classroom discussion:

How would you describe the delegates’ postures and stances?
What do you think their body language indicates about what they’re thinking and feeling?
Why do you think they may feel this way at the end of the Constitutional Convention?
These are statues of George Mason, Elbridge Gerry, and Edmund Randolph. Today, we refer to them as the “Dissenters.” What does dissent mean to you?

Launch

Share the Visual Info Brief: Three Delegates image of three delegates to the Constitutional Convention taken at the National Constitution Center’s Signers’ Hall Exhibit.

Record student thoughts about the Constitution on the board. After a few minutes, recognize how many ideas, concepts, or rights are found in the Bill of Rights.

Ask students if they recognize these delegates (George Mason, Elbridge Gerry, and Edmund Randolph). If not, review delegate information in the Info Brief: Meet the Dissenters document. Share with the class and emphasize that these delegates are known as the “Dissenters.” Give some information about who they were, what states they represented, and their views of the Constitution.

Activity Synthesis
Quickly show the students the listing of rights in the Bill of Rights (short form ideas listing). Ask the students the following questions:

Do you agree or disagree with the Dissenters’ critique of the Constitution—that it should have included a bill of rights?
Why do you think that the delegates left a bill of rights out of the Constitution?
Following Primary Source: Dissenters at the Constitutional Convention at the Convention, would you have joined the Dissenters? Would you have refused to sign the Constitution? Why, or why not?

Activity Extension (optional)
Have students choose one of the Dissenters and learn more about him. Ask students to reflect on another moment when dissent has played an important role in American history, or in their own life.

Constitution 101 Resources

5.2 Video Activity: The Bill of Rights

Student Instructions
Teacher Notes

Purpose
The First Congress formally approved the Bill of Rights on September 25, 1789, and sent it to the states for ratification. On December 15, 1791—so, over two years later—the first 10 amendments to the Constitution were ratified. In this activity, you will learn about the rights guaranteed by the Bill of Rights and the story behind its creation, including the key role played by the Dissenters at the Constitutional Convention.

Process
Watch the following video about the Bill of Rights.

Then, complete the Video Reflection: The Bill of Rights worksheet.

Identify any areas that are unclear to you or where you would like further explanation. Be prepared to discuss your answers in a group and to ask your teacher any remaining questions.

Launch
Give students time to watch the video and answer the questions.

Activity Synthesis
Have students share their responses in small groups and then discuss as a class.

Activity Extension (optional)
Now that students have a better understanding of the Bill of Rights, ask the following question:

What important historical events are needed to better understand the amendments in the Bill of Rights?

Constitution 101 Resources

5.3 Activity: The Origin of the Bill of Rights

Student Instructions
Teacher Notes

Purpose
Before there was a national bill of rights, some of the states had drafted their own declarations of rights. In this activity, you will examine one of the most influential documents in the Founding era– the Virginia Declaration of Rights. Through studying the core rights enshrined in this historic document, you will highlight the similarities and differences between the Virginia Declaration of Rights and the Bill of Rights.

Process
Read the following documents:

Info Brief: Key Anti-Federalists
Primary Source and Activity Guide: Virginia Declaration of Rights and the Bill of Rights

Identify similarities and differences between the content of the documents.

Record the progression of ideas in the Primary Source and Activity Guide: Virginia Declaration of Rights and the Bill of Rights worksheet.

Launch
The goal is for the students to examine the Virginia Declaration of Rights and the core rights it protected and how these ideas manifested in the Bill of Rights. Ask students what is similar about the Virginia Declaration of Rights and the Bill of Rights and what is different between the two documents. Students can match up the text in the Virginia Declaration of Rights with the Bill of Rights and build a flashcard view (physically or digitally) of the Bill of Rights. One side is labeled “How it started” (Virginia Declaration of Rights) and the other side is “How it’s going” (Bill of Rights).

The Primary Source and Activity Guide: Virginia Declaration of Rights and the Bill of Rights worksheet will allow students to move sections of the Virginia Declaration of Rights to align with the Bill of Rights. Students can also find key sources from the Writing Rights interactive to add to the document.

Activity Synthesis
As a summary activity, play a game with students by reading a section of the Virginia Declaration of Rights out loud. Then have students buzz in to see who is first to answer the correct amendment connection in the Bill of Rights.

Activity Extension (optional)
Now that students have a better understanding of the origins of the Bill of Rights, encourage them to explore the Writing Rights interactive to examine other sources influencing the framing of the Bill of Rights. Ask them to choose another state’s bill of rights and use the Writing Rights Interactive to analyze its connection to the Bill of Rights in the U.S. Constitution.

Constitution 101 Resources

5.4 Activity: Madison’s Reluctance to Add a Bill of Rights

Student Instructions
Teacher Notes

Purpose
This activity aims to help students understand a surprising fact: The framers did not include a bill of rights in the original Constitution. Furthermore, some key founders even argued that a bill of rights was unnecessary and, possibly, dangerous. This activity will re-introduce students to two key founders, James Madison and James Wilson, and explore their critique of a federal bill of rights.

Process
In your group, brainstorm reasons why the delegates to the Constitutional Convention might have left out a bill of rights.

Then, brainstorm reasons why members of the Founding generation may have believed that it was not necessary to include the Bill of Rights in the Constitution. Why could it have been dangerous?

Read the three documents below and list key arguments for and against adding a bill of rights. Date each argument to show the transition from opposition to support.

Primary Source: State House Yard Speech by Wilson
Primary Source: Thomas Jefferson and James Madison, Correspondence on a Bill of Rights (1787-89)
Primary Source: James Madison’s Speech in Support of Amendments (1789) (where he introduces his draft of the Bill of Rights to the House of Representatives)

Launch
Review the delegates that were at the Constitutional Convention, especially James Madison and James Wilson. Assign students to groups to complete the activity.

Activity Synthesis
Ask the following questions and follow up as necessary on students’ findings:

What were James Wilson’s key arguments against a bill of rights?
Why was Madison reluctant to include a bill of rights at the outset?
What were Jefferson’s responses to Madison’s arguments? What counter arguments might he have found persuasive?
What arguments did Madison give to Congress for eventually adopting a bill of rights?

Activity Extension (optional)
Encourage students to reference their ratification timeline from Module 4 and look for any turning point connections.

Inform students that following the pivotal Massachusetts ratification convention, many leading Federalists compromised with their opponents and agreed to add new amendments to the Constitution once it was ratified. This cleared the way for the Bill of Rights. Madison was influenced by his friend, Thomas Jefferson, who was serving America in Paris and who strongly supported a bill of rights.

Constitution 101 Resources

5.5 Activity: Big Ideas of the Bill of Rights

Student Instructions
Teacher Notes

Purpose
In this activity, you will explore the big ideas for each of the 10 amendments in the Bill of Rights.

Process
Read the text of your assigned amendment and complete the task in the Activity Guide: Big Ideas of the Bill of Rights document.

Launch
Assign each student/group one of the first 10 amendments to the Constitution.

Students are encouraged to research information on the National Constitution Center website—especially the Interactive Constitution Common Interpretation essay on their assigned amendment.

Activity Synthesis
Have students/groups share their big ideas and visual representation with the class. This may be shared digitally or image collages may be added around the room for a gallery or story walk.

Activity Extension (optional)
Now that students have a better understanding of one of the amendments in the Bill of Rights, ask them to read about the Matters of Debate essays for that amendment on The Constitution webpage.

Constitution 101 Resources

5.6 Summary Activity: Incorporation

Student Instructions
Teacher Notes

Purpose
As ratified, the Bill of Rights only applied to abuses by the national government—not the states. However, following the ratification of the 14th Amendment and later decisions by the Supreme Court, the Bill of Rights became a charter of national freedom—applying key Bill of Rights protections (like free speech and religious liberty) to abuses by all levels of government: national, state, and local. This process is known as incorporation. Today, virtually all of the key protections enshrined in the Bill of Rights apply with equal vigor against all levels of government.

In this activity, you will explore the relationship between the Bill of Rights and the 14th Amendment and study the process of incorporation.

Process
Read and interpret the language from Section 1 of the 14th Amendment then review the Info Brief: Incorporation.

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.”

Then, read and take notes on the following essays:

Activity Guide: Incorporation Essay by Akhil Amar and Note Catcher
Activity Guide: Due Process Clause Essay by Nathan S. Chapman and Kenji Yoshino and Note Catcher
Activity Guide: Due Process Clause Essay by Chapman and Yoshino and Note Catcher

After you have finished reading these essays, identify the relationship between the Bill of Rights and the 14th Amendment. Describe how the 14th Amendment transformed the Bill of Rights.

Record your answers and be prepared to engage in classroom discussion.

Constitution 101 Resources

5.7 Test Your Knowledge

Student Instructions
Teacher Notes

Purpose

Congratulations for completing the activities in this module! Now it’s time to apply what you have learned about the basic ideas and concepts covered.

Process

Complete the questions in the following quiz to test your knowledge.

Launch

This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available.

Knowledge Check

Constitution 101 Resources

How did the VA Declaration of Rights influence the Bill of Rights?

Virginia's Declaration of Rights was drawn upon by Thomas Jefferson for the opening paragraphs of the Declaration of Independence. It was widely copied by the other colonies and became the basis of the Bill of Rights. Written by George Mason, it was adopted by the Virginia Constitutional Convention on June 12, 1776.

What were the two Virginia documents that inspired the Bill of Rights?

The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789).

What important ideas are in the Virginia Declaration of Rights?

These rights were “the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.” Specific civil liberties enumerated included freedom of the press, the free exercise of religion, and the injunction that no man be deprived of his liberty except ...

Did Virginia support the Bill of Rights?

Virginia played a pivotal role in the planning and ratification of the Bill of Rights. The 1776 Virginia Declaration of Rights, drafted by George Mason and adopted at the time the colony declared its independence from Great Britain, was the first American bill of rights.