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In September 1789 the House and Senate accepted a conference report laying out the language of proposed amendments to the Constitution.

Within six months of the time the amendments–the Bill of Rights–had been submitted to the states, nine had ratified them.

A partial list would include the First Amendment’s rights of speech, press, and religion, the Fourth Amendment’s protection against unreasonable searches and seizures, the Fifth Amendment’s privilege against self-incrimination, and the Sixth Amendment’s right to counsel, to a speedy and public trial, and to trial by jury.

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In 1787, at the Constitutional Convention in Philadelphia, Mason remarked that he “wished the plan had been prefaced by a Bill of Rights.” Elbridge Gerry moved for the appointment of a committee to prepare such a bill, but the delegates, without debate, defeated the motion.Two more states were needed; Virginia’s ratification, on December 15, 1791, made the Bill of Rights part of the Constitution.(Ten amendments were ratified; two others, dealing with the number of representatives and with the compensation of senators and representatives, were not.) On their face, it is obvious that the amendments apply to actions by the federal government, not to actions by the states. Baltimore, Chief Justice John Marshall confirmed that understanding.The Bill of Rights, however, has never been amended.There is, of course, sharp debate over Supreme Court interpretation of specific provisions, especially where social interests (such as the control of traffic in drugs) seem to come into tension with provisions of the Bill of Rights (such as the Fourth Amendment).

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