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75-738: The NYCLU has eight offices in New York State: Central New York (the Syracuse area), the Capital Region (the Albany area), Lower Hudson Valley, Suffolk County, Nassau County, New York City, Genesee Valley and the Western Region. The New York City office is its headquarters and represents all regions that do not have their local chapter or regional office. The NYCLU's stated mission is "to defend and promote

150-603: A 4-to-3 ruling, allowing the case to proceed. The NYCLU supported the Reproductive Health Act, which guaranteed a woman's ability to have an abortion if her health is at risk and that state law will regulate abortion as a medical procedure. The Reproductive Health Act was introduced in the New York State Assembly by Assembly member Deborah Glick , D-66th A.D, in June 2010. It was introduced to

225-563: A bill of rights in The Federalist No. 84 , stating that "the constitution is itself in every rational sense, and to every useful purpose, a bill of rights." He stated that ratification did not mean the American people were surrendering their rights, making protections unnecessary: "Here, in strictness, the people surrender nothing, and as they retain everything, they have no need of particular reservations." Patrick Henry criticized

300-423: A colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp,

375-445: A delaying tactic. The quick rejection of this motion, however, later endangered the entire ratification process. Author David O. Stewart characterizes the omission of a Bill of Rights in the original Constitution as "a political blunder of the first magnitude" while historian Jack N. Rakove calls it "the one serious miscalculation the framers made as they looked ahead to the struggle over ratification". Thirty-nine delegates signed

450-494: A formal motion. However, after only a brief discussion where Roger Sherman pointed out that State Bills of Rights were not repealed by the new Constitution, the motion was defeated by a unanimous vote of the state delegations. Madison, then an opponent of a Bill of Rights, later explained the vote by calling the state bills of rights "parchment barriers" that offered only an illusion of protection against tyranny. Another delegate, James Wilson of Pennsylvania , later argued that

525-520: A general insurrection may prevail, the trial may by law be authorized in some other county of the same State, as near as may be to the seat of the offence. In cases of crimes committed not within any county, the trial may by law be in such county as the laws shall have prescribed. In suits at common law, between man and man, the trial by jury, as one of the best securities to the rights of the people, ought to remain inviolate. Second Circuit Court of Appeals The United States Court of Appeals for

600-496: A government, vested with such extensive and indefinite authority, to have been restricted by a declaration of rights? It certainly ought. So clear a point is this, that I cannot help suspecting that persons who attempt to persuade people that such reservations were less necessary under this Constitution than under those of the States, are wilfully endeavoring to deceive, and to lead you into an absolute state of vassalage. Supporters of

675-765: A member of the Union. In a compromise, the New York Convention proposed to ratify, feeling confident that the states would call for new amendments using the convention procedure in Article V, rather than making this a condition of ratification by New York. John Jay wrote the New York Circular Letter calling for the use of this procedure, which was then sent to all the States. The legislatures in New York and Virginia passed resolutions calling for

750-469: A plausible pretense for claiming that power. They might urge with a semblance of reason, that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it was intended to be vested in

825-435: Is filled by the judge highest in seniority among the group of qualified judges, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on

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900-885: The Articles of Confederation , created by the Second Continental Congress and ratified in 1781. However, the national government that operated under the Articles of Confederation was too weak to adequately regulate the various conflicts that arose between the states. The Philadelphia Convention set out to correct weaknesses of the Articles that had been apparent even before the American Revolutionary War had been successfully concluded. The convention took place from May 14 to September 17, 1787, in Philadelphia , Pennsylvania . Although

975-544: The Virginia House of Delegates , had gerrymandered a hostile district for Madison's planned congressional run and recruited Madison's future presidential successor, James Monroe , to oppose him. Madison defeated Monroe after offering a campaign pledge that he would introduce constitutional amendments forming a bill of rights at the First Congress. Originally opposed to the inclusion of a bill of rights in

1050-624: The federal government by the Constitution are reserved to the states or the people . The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215). Largely because of the efforts of Representative James Madison , who studied

1125-413: The Articles of Confederation and would apply only to those states that ratified it. Following contentious battles in several states, the proposed Constitution reached that nine-state ratification plateau in June 1788. On September 13, 1788, the Articles of Confederation Congress certified that the new Constitution had been ratified by more than enough states for the new system to be implemented and directed

1200-605: The Bill of Rights still in existence. One of these is on permanent public display at the National Archives in Washington, D.C. I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford

1275-539: The Constitution are among the men known as the Founding Fathers of the new nation. Thomas Jefferson , who was Minister to France during the convention, characterized the delegates as an assembly of "demi-gods." Rhode Island refused to send delegates to the convention. On September 12, George Mason of Virginia suggested the addition of a Bill of Rights to the Constitution modeled on previous state declarations, and Elbridge Gerry of Massachusetts made it

1350-526: The Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment . Article One is still pending before the states. Although Madison's proposed amendments included a provision to extend the protection of some of the Bill of Rights to the states, the amendments that were finally submitted for ratification applied only to

1425-643: The Constitution with relative ease, though the bitter minority report of the Pennsylvania opposition was widely circulated. In contrast to its predecessors, the Massachusetts convention was angry and contentious, at one point erupting into a fistfight between Federalist delegate Francis Dana and Anti-Federalist Elbridge Gerry when the latter was not allowed to speak. The impasse was resolved only when revolutionary heroes and leading Anti-Federalists Samuel Adams and John Hancock agreed to ratification on

1500-461: The Constitution's critics, such as Maryland's Luther Martin , continued to oppose ratification. However, Martin's allies, such as New York's John Lansing Jr. , dropped moves to obstruct the Convention's process. They began to take exception to the Constitution "as it was", seeking amendments. Several conventions saw supporters for "amendments before" shift to a position of "amendments after" for

1575-459: The Constitution, Madison had gradually come to understand the importance of doing so during the often contentious ratification debates. By taking the initiative to propose amendments himself through the Congress, he hoped to preempt a second constitutional convention that might, it was feared, undo the difficult compromises of 1787, and open the entire Constitution to reconsideration, thus risking

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1650-511: The Constitution, known as Federalists, opposed a bill of rights for much of the ratification period, in part because of the procedural uncertainties it would create. Madison argued against such an inclusion, suggesting that state governments were sufficient guarantors of personal liberty, in No. 46 of The Federalist Papers , a series of essays promoting the Federalist position. Hamilton opposed

1725-430: The Constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people, or as to enlarge the powers delegated by the Constitution; but either as actual limitations of such powers, or as inserted merely for greater caution. Fifthly. That in article 1st, section 10, between clauses 1 and 2, be inserted this clause, to wit: No State shall violate

1800-516: The Convention was purportedly intended only to revise the Articles, the intention of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York , was to create a new government rather than fix the existing one. The convention convened in the Pennsylvania State House , and George Washington of Virginia was unanimously elected as president of the convention. The 55 delegates who drafted

1875-678: The Department of Homeland Security on behalf of five detained Muslim Americans. Accusing the US CBP of violating both the First and Fourth Amendments of the constitution. In 2005 the District Court ruled that the law did not violate the plaintiffs ' constitutional rights. The Second Circuit Court of Appeals affirmed the lower court's decision upon appeal. United States Bill of Rights The United States Bill of Rights comprises

1950-553: The Federalist minorities in both Virginia and New York were able to obtain ratification in convention by linking ratification to recommended amendments. A committee of the Virginia convention headed by law professor George Wythe forwarded forty recommended amendments to Congress, twenty of which enumerated individual rights and another twenty of which enumerated states' rights. The latter amendments included limitations on federal powers to levy taxes and regulate trade. A minority of

2025-413: The Federalist point of view, writing that the legislature must be firmly informed "of the extent of the rights retained by the people ... being in a state of uncertainty, they will assume rather than give up powers by implication." Other anti-Federalists pointed out that earlier political documents, in particular Magna Carta , had protected specific rights. In response, Hamilton argued that the Constitution

2100-522: The Government its due popularity and stability". Finally, he hoped that the amendments "would acquire by degrees the character of fundamental maxims of free government, and as they become incorporated with the national sentiment, counteract the impulses of interest and passion". Historians continue to debate the degree to which Madison considered the amendments of the Bill of Rights necessary, and to what degree he considered them politically expedient; in

2175-704: The NYPD's practice of arresting and using force against children in New York City schools. The NYCLU filed the class action lawsuit Hurrell-Harring et al. v. State of New York in 2007. They challenged New York State's failure in its duty to provide effective counsel to New Yorkers who were accused of crimes and could not afford to pay private lawyers. This case targets the public defense systems in Onondaga, Ontario, Schuyler, Suffolk and Washington counties for failing to provide adequate public defense services. The case

2250-481: The Philadelphia Convention, some leading revolutionary figures such as Patrick Henry , Samuel Adams , and Richard Henry Lee publicly opposed the new frame of government, a position known as "Anti-Federalism". Elbridge Gerry wrote the most popular Anti-Federalist tract, "Hon. Mr. Gerry's Objections", which went through 46 printings; the essay particularly focused on the lack of a bill of rights in

2325-749: The Reviving the Islamic Spirit Conference in Toronto in 2004 ended up frisked, interrogated, fingerprinted and photographed and profiles added to databases by US Custom and Border Protection agents at the U.S.‑Canada border. This incident occurred due to a federal policy targeting people who attended Islamic conferences outside of the United States. In 2005, NYCLU, ACLU, and the Council on American-Islamic Relations filed suit against

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2400-695: The Second Circuit (in case citations , 2d Cir. ) is one of the thirteen United States Courts of Appeals . Its territory covers the states of Connecticut , New York , and Vermont , and it has appellate jurisdiction over the U.S. district courts in the following federal judicial districts : The Second Circuit has its clerk's office and courtrooms at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan . Because

2475-492: The Second Circuit includes New York City , it has long been one of the largest and most influential American federal appellate courts, especially in matters of contract law , securities law , and antitrust law . In the 20th century, it came to be considered one of the two most prestigious federal appellate courts, along with the U.S. Court of Appeals for the District of Columbia Circuit . Several notable judges have served on

2550-608: The Second Circuit, including three later named Associate Justices of the United States Supreme Court : John Marshall Harlan II , Thurgood Marshall , and Sonia Sotomayor . Judge Learned Hand served on the court from 1924 to 1961, as did his cousin, Augustus Noble Hand , from 1927 until 1953. Judge Henry Friendly served from 1959 to 1986. As of July 13, 2024 : Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless

2625-617: The State Senate by Andrea Stewart-Cousins , D-35th S.D., during the 2009 legislative session. In May 2007, the NYCLU (attorney Chris Hansen ), Mental Hygiene Legal Services, and Kirkland & Ellis LLP filed a lawsuit against Kings County Hospital Center in Brooklyn. The case described the hospital's psychiatric emergency room and inpatient unit as "a chamber of filth, decay, indifference and danger". It sought to end abusive treatment in

2700-496: The State Senate passed a bill sponsored by Assemblyman Hakeem Jeffries (D-57th AD) and Sen. Eric Adams (D-20th SD), which called for the NYPD to shut down this database. On June 29, 2010, the New York State Assembly passed the bill and Governor Paterson signed the bill into law on July 16, 2010. In January 2010, the NYCLU, ACLU , and Dorsey & Whitney LLP filed a federal class action lawsuit challenging

2775-465: The act of enumerating the rights of the people would have been dangerous, because it would imply that rights not explicitly mentioned did not exist; Hamilton echoed this point in Federalist No. 84 . Because Mason and Gerry had emerged as opponents of the proposed new Constitution, their motion—introduced five days before the end of the convention—may also have been seen by other delegates as

2850-401: The best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor at any time, but in a manner warranted by law. No person shall be subject, except in cases of impeachment, to more than one punishment, or one trial for

2925-541: The circuit justice (the Supreme Court justice responsible for the circuit) is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy

3000-530: The condition that the convention also propose amendments. The convention's proposed amendments included a requirement for grand jury indictment in capital cases, which would form part of the Fifth Amendment , and an amendment reserving powers to the states not expressly given to the federal government, which would later form the basis for the Tenth Amendment . Following Massachusetts' lead,

3075-598: The convention to propose amendments that had been demanded by the States while several other states tabled the matter to consider in a future legislative session. Madison wrote the Bill of Rights partially in response to this action from the States. Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference. — Thomas Jefferson 's letter to James Madison (December 20, 1787) The 1st United States Congress , which met in New York City's Federal Hall ,

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3150-637: The court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge. When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status , or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982. The court has thirteen seats for active judges, numbered in

3225-536: The deficiencies of the Constitution pointed out by Anti-Federalists and then crafted a series of corrective proposals, Congress approved twelve articles of amendment on September 25, 1789, and submitted them to the states for ratification. Contrary to Madison's proposal that the proposed amendments be incorporated into the main body of the Constitution (at the relevant articles and sections of the document), they were proposed as supplemental additions (codicils) to it. Articles Three through Twelve were ratified as additions to

3300-486: The dissolution of the new federal government. Writing to Jefferson, he stated, "The friends of the Constitution, some from an approbation of particular amendments, others from a spirit of conciliation, are generally agreed that the System should be revised. But they wish the revisal to be carried no farther than to supply additional guards for liberty." He also felt that amendments guaranteeing personal liberties would "give to

3375-431: The equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases. Sixthly. That, in article 3d, section 2, be annexed to the end of clause 2d, these words, to wit: But no appeal to such court shall be allowed where the value in controversy shall not amount to — dollars: nor shall any fact triable by jury, according to the course of common law, be otherwise re-examinable than may consist with

3450-562: The federal government. The door for their application upon state governments was opened in the 1860s, following ratification of the Fourteenth Amendment . Since the early 20th century both federal and state courts have used the Fourteenth Amendment to apply portions of the Bill of Rights to state and local governments. The process is known as incorporation . There are several original engrossed copies of

3525-448: The finalized Constitution. Thirteen delegates left before it was completed, and three who remained at the convention until the end refused to sign it: Mason, Gerry, and Edmund Randolph of Virginia. Afterward, the Constitution was presented to the Articles of Confederation Congress with the request that it afterwards be submitted to a convention of delegates, chosen in each State by the people, for their assent and ratification. Following

3600-563: The first ten amendments to the United States Constitution . Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists , the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights , clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to

3675-407: The freedom of the press, as one of the great bulwarks of liberty, shall be inviolable. The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the legislature by petitions, or remonstrances for redress of their grievances. The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being

3750-405: The freedom of the press, or the trial by jury in criminal cases." He did not include an amendment that every state had asked for, one that would have made tax assessments voluntary instead of contributions. Madison proposed the following constitutional amendments: First. That there be prefixed to the Constitution a declaration, that all power is originally vested in, and consequently derived from,

3825-587: The fundamental principles and values embodied in the Bill of Rights , the U.S Constitution and the New York State Constitution , including freedom of speech , freedom of religion , and the right to privacy , equality and due process of law for all New Yorkers". The NYCLU helped stop the NYPD's practice of keeping a computer database of personal information of civilians who were stopped and/or frisked by police officers. On June 23, 2010,

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3900-474: The future lessons of experience; a reverence for the characteristic rights of freemen, and a regard for public harmony, will sufficiently influence your deliberations on the question, how far the former can be impregnably fortified or the latter be safely and advantageously promoted. James Madison introduced a series of Constitutional amendments in the House of Representatives for consideration. Among his proposals

3975-464: The habeas corpus, to make ex post facto laws, pass bills of attainder, or grant titles of nobility? It certainly does not in express terms. The only answer that can be given is, that these are implied in the general powers granted. With equal truth it may be said, that all the powers which the bills of rights guard against the abuse of, are contained or implied in the general ones granted by this Constitution. He continued with this observation: Ought not

4050-460: The hospital's psychiatric facilities. NYCLU released security camera footage of a woman dying on the hospital's waiting room floor after hospital staff ignored her for hours. Under a settlement, the hospital agreed to significant reforms and monitoring for five years by the NYCLU, the Department of Justice, Mental Hygiene Legal Services and Kirkland & Ellis LLP. Many of the Americans attending

4125-417: The national government. This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights. — Alexander Hamilton 's opposition to the Bill of Rights, from Federalist No. 84 . Prior to the ratification and implementation of the United States Constitution , the thirteen sovereign states followed

4200-607: The new government to meet in New York City on the first Wednesday in March the following year. On March 4, 1789, the new frame of government came into force with eleven of the thirteen states participating. In New York, the majority of the Ratifying Convention was Anti-Federalist and they were not inclined to follow the Massachusetts Compromise. Led by Melancton Smith, they were inclined to make

4275-500: The next ensuing election of Representatives." Fourthly. That in article 1st, section 9, between clauses 3 and 4, be inserted these clauses, to wit: The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed. The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and

4350-422: The ninth section of the first article declared, that the writ of habeas corpus shall not be suspended, unless in cases of rebellion—that no bill of attainder, or ex post facto law, shall be passed—that no title of nobility shall be granted by the United States, etc. If every thing which is not given is reserved, what propriety is there in these exceptions? Does this Constitution any where grant the power of suspending

4425-448: The number amounts to—, after which the proportion shall be so regulated by Congress, that the number shall never be less than—, nor more than—, but each State shall, after the first enumeration, have at least two Representatives; and prior thereto." Thirdly. That in article 1st, section 6, clause 1, there be added to the end of the first sentence, these words, to wit: "But no law varying the compensation last ascertained shall operate before

4500-407: The outline of his address, he wrote, "Bill of Rights—useful—not essential—". On the occasion of his April 30, 1789 inauguration as the nation's first president , George Washington addressed the subject of amending the Constitution. He urged the legislators, whilst you carefully avoid every alteration which might endanger the benefits of an united and effective government, or which ought to await

4575-422: The people. That Government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety. That the people have an indubitable, unalienable, and indefeasible right to reform or change their Government, whenever it be found adverse or inadequate to

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4650-446: The places to be searched, or the persons or things to be seized. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, to be informed of the cause and nature of the accusation, to be confronted with his accusers, and the witnesses against him; to have a compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. The exceptions here or elsewhere in

4725-409: The principles of common law. Seventhly. That in article 3d, section 2, the third clause be struck out, and in its place be inserted the clauses following, to wit: The trial of all crimes (except in cases of impeachments, and cases arising in the land or naval forces, or the militia when on actual service, in time of war or public danger) shall be by an impartial jury of freeholders of the vicinage, with

4800-480: The proposed Constitution. Many were concerned that a strong national government was a threat to individual rights and that the President would become a king . Jefferson wrote to Madison advocating a Bill of Rights: "Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can." The pseudonymous Anti-Federalist "Brutus" (probably Robert Yates ) wrote, We find they have, in

4875-456: The purposes of its institution. Secondly. That in article 1st, section 2, clause 3, these words be struck out, to wit: "The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative, and until such enumeration shall be made;" and in place thereof be inserted these words, to wit: "After the first actual enumeration, there shall be one Representative for every thirty thousand, until

4950-446: The ratification of New York conditional on prior proposal of amendments or, perhaps, insist on the right to secede from the union if amendments are not promptly proposed. Hamilton, after consulting with Madison, informed the Convention that this would not be accepted by Congress. After ratification by the ninth state, New Hampshire, followed shortly by Virginia, it was clear the Constitution would go into effect with or without New York as

5025-411: The requisite of unanimity for conviction, of the right with the requisite of unanimity for conviction, of the right of challenge, and other accustomed requisites; and in all crimes punishable with loss of life or member, presentment or indictment by a grand jury shall be an essential preliminary, provided that in cases of crimes committed within any county which may be in possession of an enemy, or in which

5100-399: The sake of staying in the Union. Ultimately, only North Carolina and Rhode Island waited for amendments from Congress before ratifying. Article Seven of the proposed Constitution set the terms by which the new frame of government would be established. The new Constitution would become operational when ratified by at least nine states. Only then would it replace the existing government under

5175-664: The same offence; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without a just compensation. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The rights of the people to be secured in their persons, their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing

5250-629: Was a triumph for the Federalists. The Senate of eleven states contained 20 Federalists with only two Anti-Federalists, both from Virginia. The House included 48 Federalists to 11 Anti-Federalists, the latter of whom were from only four states: Massachusetts, New York, Virginia and South Carolina. Among the Virginia delegation to the House was James Madison, Patrick Henry's chief opponent in the Virginia ratification battle. In retaliation for Madison's victory in that battle at Virginia's ratification convention, Henry and other Anti-Federalists, who controlled

5325-522: Was deeply read in the history of government and used a range of sources in composing the amendments. The English Magna Carta of 1215 inspired the right to petition and to trial by jury , for example, while the English Bill of Rights of 1689 provided an early precedent for the right to keep and bear arms (although this applied only to Protestants ) and prohibited cruel and unusual punishment . The greatest influence on Madison's text, however,

5400-423: Was existing state constitutions. Many of his amendments, including his proposed new preamble, were based on the Virginia Declaration of Rights drafted by Anti-Federalist George Mason in 1776. To reduce future opposition to ratification, Madison also looked for recommendations shared by many states. He did provide one, however, that no state had requested: "No state shall violate the equal rights of conscience, or

5475-602: Was filed on behalf of defendants from these five counties. On August 1, 2008, a State Supreme Court judge denied the state's motion to dismiss the case. In July 2009, the Third Department of the Appellate Division, in a split decision, reversed the lower court's denial of the state's motion to dismiss. In May 2010, the State Court of Appeals, New York's highest court, overturned the Third Department in

5550-531: Was inherently different: Bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince. Such was the Magna Charta, obtained by the Barons, swords in hand, from King John. In December 1787 and January 1788, five states—Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut—ratified

5625-452: Was one that would have added introductory language stressing natural rights to the preamble. Another would apply parts of the Bill of Rights to the states as well as the federal government. Several sought to protect individual personal rights by limiting various Constitutional powers of Congress . Like Washington, Madison urged Congress to keep the revision to the Constitution "a moderate one", limited to protecting individual rights. Madison

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