The framers of the U.S. Constitution are often credited with committing to paper the most successful system of government ever devised. In this country our founding document is honored and celebrated, even singled out for special recognition on Constitution Day every September 17, the anniversary of its signing. Across the world, many nations have adopted the U.S. Constitution as a model for their own governments. With all the praise heaped upon it, it is easy to forget that the Constitution is a living document, and a controversial one at that.

Criticism of the U.S. Constitution began as soon the delegates to the Constitutional Convention completed it in 1787. One of the earliest charges leveled at the Constitution was that it did not go far enough in protecting the rights of individuals. This complaint came as a shock to its authors, as John Vile's Point of View essay attests. The truth is that the original document did not contain a bill of rights. It did not even mention individual rights directly. The ink was barely dry before the Constitution was amended to address what many critics regarded as a serious, even fatal, flaw. The Bill of Rights was added in 1789 for the express protection of individual civil liberties—protection that today we regard as the bedrock of American citizenship. These first 10 amendments to the Constitution safeguard the rights of free speech, religion, the press, and assembly; the right to bear arms; and the rights of those accused of crimes. The Bill of Rights was ratified in 1791 and this nation has struggled ever since to define the extent and the limits of these rights.

The primary sources assembled here offer a glimpse into the controversial history of the Bill of Rights. The U.S. National Archives and Records Administration (NARA) has provided a wealth of provocative materials that spotlight key moments in its long life. For background, NARA presents the 1774 Virginia Declaration of Rights and an original proposal for the federal Bill of Rights containing 17 amendments (eventually cut to 10). The First Amendment is tackled in the petition for the return of Thomas Cooper's fine (1825), which highlights free speech and libel, while the Espionage Act (1917) shows us the difficulties of dealing with free speech in wartime. The Sixth Amendment's protection of criminal defendants is thrown into relief by a legal piece. Handwritten by plaintiff Clarence Earl Gideon, the document starkly reveals the logic behind Gideon v. Wainwright (1962), which mandates that all criminal defendants must have access to legal counsel. The entire Bill of Rights, and the concept of civil liberties generally, is challenged and explored by a 1942 petition relating to the internment of Japanese-American citizens during World War II. Several of these documents are featured in critical thinking activities designed for classroom use, available in the Examine section of this Web site.