U.S. BILL OF RIGHTS CELEBRATES BIRTHDAY

Today is the 200th anniversary of the ratification of the Bill of Rights a political compromise drafted to insure personal liberties were protected and the power of the federal government was kept in check.

The Bill of Rights is the first 10 amendments to the constitution. They were added on Dec. 15, 1791, when Virginia's legislature ratified the amendments.

Congress approved 12 amendments, offered by James Madison, on Sept. 25, 1789, just over two years after the constitution was approved by the convention and sent to the states for ratification. Eventually, just 10 of the amendments were approved.

"(They) are really the heart of individual liberties and freedoms that citizens in this country enjoy, no doubt about it," said Peter Bergerson, chairman of the Political Science Department at Southeast Missouri State University.

"The Bill of Rights is an outgrowth of some of the specific powers, freedoms, and liberties that some of the individual states had already during the Colonial period," he added. Offering the amendments helped assure ratification of the constitution.

"There was a lot of discussion at the constitutional convention about including these, but they didn't. But through the ratification process, the states wanted more assurances these rights would be protected."

Bergerson pointed out that states were quite concerned that the centralized national government would become too strong and that some of the individual freedoms and liberties people had fought the revolution for would be lost.

Jack Grisham, a history and government teacher at Cape Girardeau Central High School, said having a Bill of Rights was necessary to get ratification of the constitution.

"The first 10 amendments modify and make the constitution itself workable," said Grisham. "It gave the constitution some meaning and parameters."

The First Amendment guarantees the greatest personal liberties, suggested Grisham, noting that it provides for freedom of speech, religion, assembly, petition and press.

Bergerson said the Bill of Rights can be viewed from two broad perspectives: "It empowers individuals with certain rights and liberties, but on the other hand, we can look at the first 10 amendments as restrictions and limitations on government."

Bergerson and Grisham agree that as the constitution applies to everyday life of American citizens, the Bill of Rights comes into focus most often.

"Our daily lives and the things we either take for granted or enjoy, really center around the first 10 amendments, and also the 14th and 15th that define citizenship and give voting rights," said Bergerson.

In general, the liberties guaranteed in the Bill of Rights are not controversial. However, when an effort is made to apply those freedoms to specific instances, they often become controversial.

"On one hand, everyone agrees with the general ideas the Bill of Rights incorporates. Everyone is for freedom of speech and the press, for example. However, the day to day application and issues that arise out of the meaning of them raises questions, controversy, debate and discussion," observed Bergerson.

Bergerson pointed out the constitution can be changed in two ways: formally, through amendments, or by changes in the way it is interpreted to reflect changes in society.

"The true meaning of the constitution is how it is used and interpreted, not only by the courts, but also by the president and Congress," he explained.

As society changes, the interpretation of the constitution and, in particular, the freedoms outlined in the amendments, change dramatically.

As an example, Grisham cited the "separate but equal" doctrine for blacks in public schools. In the 1896 Supreme Court case Plessy vs. Ferguson, the court held that separate schools for black and whites were acceptable, as long as equal educational opportunities were provided in the schools.

But in 1954, in the case of Brown vs. Topeka Board of Education, the court did a complete turnaround and declared that separate cannot be equal.

"The reason for this is the way our society and culture had changed," noted Grisham. "Blacks have been assimilated into the mainstream of American life."

That ruling eventually led to other changes in civil rights laws.

Bergerson cited changes in the Fifth amendment, which provides the right of protection against self incrimination.

"That interpretation has changed drastically in the last 30 years, especially with the Miranda decision," he noted. "Freedom of press is another one that has changed in its interpretation."

Grisham said people at times get upset with the way the constitution is being interpreted; however, courts are simply following the realities of modern society.

"One of the things about the constitution," said Bergerson, "is that it allows each generation to interpret the document and apply it to what they think are the best needs and goals for society. The way it was interpreted in the 1790s is much different from the 1990s."

When the constitution was first written, the United States was a rural, agricultural society; today, it is an urbanized, multi-culturalized society, said Bergerson.

"That flexibility is the reason our constitution is the oldest constitution in history, and one reason for that flexibility is the Bill of Rights," remarked Bergerson.

Grisham pointed out that a sad commentary on the Bill of Rights is that while many people are aware of the rights that are guaranteed them as citizens, they often forget the responsibilities they have as citizens, such as voting, which is necessary to insure those rights are protected in the future.

Bergerson noted that how the constitution and amendments are understood and applied are fundamental to our way of life.

"It provides for the civil and social fabric of our society," he declared. "You really can't underestimate its function in our society."

The constitution basically has three sections, Bergerson pointed out: "The preamble, which outlines the purpose and serves as an introduction; the seven articles that set up the structure of government; and the amendments, which outline individual liberties and empower the citizens not only with rights and privileges, but also serves to restrain and hold back the government."