Today in Supreme Court History: December 15, 1791

12/15/1791: First Ten Amendments ratified.

Comments

[SMP0328]

Every time I hear/read about Europe or Canada trashing free speech or Britain considering abolishing the right to a jury trial for almost all crimes, I am reminded why I am grateful for the Bill of Rights.

[JoeFromtheBronx]

Today is Bill of Rights Day. I don't see a citation (the latest honors Hanukkah) on the current White House website, so I will quote from former President Biden's message in 2023:

On December 15, 1791, after years of debate and deliberation, our forebearers ratified the Bill of Rights. In doing so, they forever enshrined the fundamental rights and liberties we hold sacred as Americans and set in motion the greatest self-governance experiment in the history of the world.

There were originally 12 amendments involved. One was eventually ratified as the 27th (congressional pay raises), while one was never ratified (rules regarding congressional apportionment).

The term "bill of rights" often has wider application, including referencing such as those protecting habeas corpus and later amendments, including the Thirteenth Amendment (ratified this month in 1865). Coincidentally, Chief Justice Salmon Chase also began his service on the Court OTD in 1864.

Let us honor all of the rights, at least, the actual ones, not the ones some imagined them to be. Whatever that might entail.

[Hugh]

There were actually eleven Bill of Rights amendments, but the 11th has been suppressed, and needs to see the light of day.

"Since the recent war of Independence was fought in order to replace the King of England with a King of the United States, Article II grants the President unitary executive authority to take any action that could be taken by the King of England."

[JoeFromtheBronx]

The original understanding of the presidency is that the office was to be stronger than the King of England. King George III was a failed monarch, underlined by him allowing the colonies to successfully declare independence. A stronger central government needed a stronger executive to thrive.

(leaked draft of Trump v. Slaughter)