Rights Declaration: A Written Record
The First Congress of the United States proposed 12 amendments to the Constitution on September 25, 1789, with the intention of safeguarding the rights and freedoms of the American people. Ten of these amendments were swiftly ratified and became the Bill of Rights, a cornerstone of American democracy. However, two of the proposed amendments from that resolution have never been ratified, earning them the title of the “Unratified Amendments of 1789.”
The original 11th Amendment proposal, which was later evolved into the current 11th Amendment, sought to limit the judicial power of the United States from hearing cases brought against one of the states by citizens of another state or foreign citizens. The text of this original proposal, as presented in 1789, differed slightly from the eventually ratified amendment.
The original 12th Amendment proposal aimed to prevent Congress from raising its pay without first facing the electorate. This amendment, known as the “Congressional Compensation Amendment,” remains unratified to this day.
The 10 ratified amendments forming the Bill of Rights are well-known and distinct. They include the First Amendment, which guarantees the freedom of religion, speech, press, assembly, and petition, and the Fourth Amendment, which protects against unreasonable searches and seizures. The Bill of Rights also includes the Fifth Amendment, which includes protections against double jeopardy, self-incrimination, and due process of law, and the Sixth Amendment, which ensures the right to a speedy and public trial, an impartial jury, the right to counsel, and the right to confront witnesses.
The U.S. Bill of Rights also includes the Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Twelfth Amendments. These articles protect various rights, such as the freedom of religion, the right to bear arms, the right to trial by jury, and the prohibition of excessive bail, fines, and cruel and unusual punishments.
The original 1789 Joint Resolution of Congress, which proposed these amendments, is on display in the Rotunda of the National Archives Museum. The ratified Articles (Articles 3-12) constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights.
While the Unratified Amendments of 1789 have not been incorporated into the Constitution, they provide an interesting glimpse into the early history of the U.S. Bill of Rights and the values that the Founding Fathers sought to uphold.
Education and self-development resources might discuss the unratified 12th Amendment proposal, aiming to prevent Congress from raising its own pay without public consent, showcasing the Founding Fathers' value for accountability in politics.
General news and learning platforms could offer insight into the unratified 11th Amendment proposal as well, highlighting its original purpose to limit the judicial power of the United States in certain interstate cases, demonstrating the early development of the US judiciary system.
