Why wasn’t the Bill of Rights originally in the US Constitution? - James Coll
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- čas přidán 13. 06. 2016
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When you think of the US Constitution, what’s the first thing that comes to mind? Free speech? The right to bear arms? These passages are cited so often that it's hard to imagine the document without them. But the list of freedoms known as the Bill of Rights was not in the original text and wasn't added for three years. Why not? James Coll goes back to the origins of the Constitution to find out.
Lesson by James Coll, animation by Augenblick Studios.
Everyone already beat me to it, but here's the line I thought of. "Winning was easy young man. Governing's harder."
much easier to take over the world from nothing than to maintain power over it.
Bits of Pulp YOU HAVE TO FIND A COMPRIMISE
I think you have like 30 comments on this post...
@@louieeeeee6073but they don’t have a plan they just hate mine
Figure it out Alexander. That's an order from your commander@@kaileykennedy8651
JOHN JAY GOT SICK AFTER WRITING 5, JAMES MADISON WROTE 29 HAMILTON WROTE THE OTHER 51
1:24 I WAS CHOSEN FOR THE CONSTITUTIONAL CONVENTION!
WHAT I WAS THINKING EXACTLY!
I literally said that out loud then scrolled down and saw this
Came here looking for this comment. Was not disappointed.
I WAS GONNA COMMENT THIS OMG
Reading the comments on this made me lose a few brain cells
Anyone’s teacher making them watch this video for homework
Yea I have to write two paragraphs on this 😂
Nope I’m making my own micro nation😁
@@dolphii3236 can u do me a favor and paste those paragraphs in here so I can copy and paste
yes
@@amazingnous7387 can u do me a favor and paste those paragraphs in here so I can copy and paste
nice reference to the play with Hamilton's pose there
it's nice to know that no one can escape from Hamilton
just you wait! just you wait!
I am not throwing my shot
genorpg20 I saw that too and I got so excited
Actually the first thing that comes to mind when I think about the Constitution is "We the people of the United States of America, in order to form a more perfect union..."
And the descent into socialism flows from there.
FortuitusVideo So you are suggesting that the founding fathers wanted us to be socialist! Fascinating! I guess I can see your point.
***** I'm saying that's been the excuse for every harebrained government overreach since the New Deal.
FortuitusVideo So you're saying that the founding fathers should never have given us the right to bare arms and free speech, right? It's seems a little extreme but I can see your point. I guess you're right. The Bill of Rights really started to muddy the waters.
Thank goodness for that too, or else we might not have ever had the internet, created by a socialist government program.
The idea that the rights in the Bill of Rights are implied is actually quite beautiful. I see where the Federalists are coming from, but they should have known that implied rights don't count for crap.
Of course you have the right to free speech, to protect yourself, to not get searched randomly, to have a fair trial, but despots and tyrants overlook such things.
They had experience with implied rights working quite well. For example, it was both implied and in common law that all English citizens possessed the right to have access to the law and know what rules applied to them.
They also had experience with laws being directly stated not quite working. For example, the Magna Carta protected merchants from unfair taxes and the Petition of Right guaranteed that no citizen would be forced to quarter soldiers in their home. The English government found loopholes around these laws and pissed off wealthy merchants in the colonies.
Great points!
I think this paints them a little to positive. John Adams, a federalist, activity tried to limit political free speech with the Sedition Act.
Part of the issue was the belief that these rights were natural rights under enlightenment/post-enlightenment philosophy, that being that they are self evident and are inherent to all people regardless of what their law, culture, beliefs, etc. say, and that if you set them down in a legal document like the Constitution it implies that the rights are granted by the governmental body and not simply held as default for everyone.
Hence they become legal rights rather than natural rights which was seen as dangerous, as if they are legal rights granted by the government then the law can change and take away those rights. Which technically could happen if you could get enough people to agree that freedom of speech or press or whatever should be done away with. All you need is 3/4 of state legislatures to agree, and wham, freedom of religion is gone, which overstates the potential but it is conceivable.
I'm not so sure you're overstating that much. I, quite often, get the feeling that the legislature in my state would be more than happy to overturn freedom of religion if it meant they could set up Christianity as a state religion here in Oklahoma.
"Take a moment to think about the US Constitution. What's the first thing that comes to mind?"
Hamilton. Hamilton. Hamilton Hamilton Hamilton.
Well what have you authored if Hamilton was so stupid?
Thats exactly what came to my mind
Actually i was just listening to the songs before i read your comment
Yep. He proposed the presidency be a life position that was hereditary (if memory serves). I'm disappointed that everyone loves Alexander Hamilton when the time period had so many better figures.
I would definitely be a Democratic Republican.
One of the best videos in terms of quality on this channel in a while.
damn right.
What did I hear there? Protection from illegal searches? Ima have a good laugh at that
the fourth amendment is long dead
Civil forfeiture? Where is the part where the constitution protects people from the government straight up stealing their shit for no reason?
Protection from ILLEGAL or unlawful searches, such as raids with no search warrants. Extrajudicial operations, however, if that's what you mean, remains legally questionable which is why they are covert and oftentimes described as black operations. The law is not perfect, the tiniest flaw can be exploited for misuse.
I know right. And for some reason, the Second is Thriving.
John Jay got such after writing 5 James Madison wrote 29
And Hamilton wrote THE OTHER 51
We can definitely thank the Anti-Federalists for the Bill of Rights!
no, I don’t think I will
James Madison moreso
Hamilton wrote THE OTHER 51!!!!!!!!!!!!!!
How do you write like you are running out of time?
Hamiltrash forever.
***** Burr, sir?
Glad to see the top comment is a Hamilton reference
Aaron Burr, sir? Hamilton again??
Burr: Hamilton at the Constitutional Convention
Hamilton: I was chosen for the Constitutional Convention
Burr: There as a New York junior delegate
Hamilton: Now what I'm going to say may sound indelicate...
SimkinC42 he goes and proposes his own form or government
@Super Greyflash His own form of government! He talks for 6 hours, the convention is listenless! Bright young man. You who the F is this?!
Every few words a new song part from Hamilton got stuck in my head there is no escape. also the hamilton illustration was adorable.
0:42 I heard muskets were inaccurate but that's a little extreme...
lol so true XD
Well, they left them out because the original constitution did not give the federal government enough power to infringe on them. When they rewrote the constitution to make the federal government stronger, the need arose to make sure those rights were protected.
So it wasn't that they didn't originally believe in the rights. They always believed in freedom of speech, press, etc. It wasn't until those rights were put in potential danger that they needed to spell it out.
Thankyou for this comment I just used it on my homework !
"Take a moment to think about the US Constitution. What's the first thing that comes to mind?"
Hamilton...
"Freedom of speech?"
No... Hamilton
"Protection from illegal searches?"
No, I said Hamilton.
"The right to keep and bear arms?"
NO HAMILTON
*continues on with the video*
Well then.....
lol i know.
Vika Gresova same
first thing that comes to mind is WE THE PEOPLE
Anderson can narrate a phone book and I'd still watch the video. Love his voice.
They were afraid adding specifically spelled out rights would cause potential misinterpretation? That was disturbingly prophetic.
Unfortunate failure to anticipate changes, such as the the sheer magnitude of what would be considered "arms", as well as the apparent ability to completely disregard three of those amendments just by using the words "suspected terrorist"
How different would the world be if one of those amendments specifically stated "no standing army"?
The original author of the second amendment alrady knew muskets killed people. His name was Benjamin Franklin. That is why he wrote the second amendment. It is explicit.. just clever. He most of the other delegates and all of 18th century society would read what they wanted to in a time of slavery and religious nuts. James Madison referenced it as being an 'instrument" in a letter he wrote to a thomas richie.
There are over 1000 letters that explain the extremly rich history of the second amendnment. They are these letters and only these letters.
“History may distort truth, and will distort it for a time, by the superior efforts at justification of those who are conscious of needing it most. Nor will the opening scenes of our present government be seen in their true aspect, until the letters of the day, now held in private hoards, shall be broken up and laid open to public view. What a treasure will be found in General Washington’s cabinet, when it shall pass into the hands of as candid a friend to truth as he was himself!”
founders.archives.gov/documents/Jefferson/98-01-02-3562
The right to keep and bear arms never existed from day one. It was just a declaration that had complete independence from the overall context of the second amendment. "We hold these truths to be self-evident". There is no hyphen in the second amendment. regulated means LAW.
Benjamin Franklin was the original "Creator". It wasn't god. God had ZERO to do with writing the US Constitution.
I am the author of the "public view". This took over 6 years of full time research after watching "the right to keep and bear Arms" vanish instantly as an overall context on December 2 2015.
I am extremely well-educated in this letters. Anyone reading this now currently isn't. Not a clue.
These letters provide real Liberty. The treasure is human life.. not money.
@@k1productions87
When Alexander Hamilton was mentioned I screamed
whatthefandoms I DID too, holy crap. Like, legitimately screeched.
the moment he said "Alexander Hamilton" I freaked out and started singing
Hannah Sophia Gonzaga ME TOO FAM.
Grace Janku HI FAM.
Am not American so i don't understand why did you started singing?
@@stefaniaogun9268 I am American and I don't understand the Hamilton hype. Can anyone explain?
@@itssarahjuarez It's a musical called Hamilton. It's apparently very popular, and it talks a lot about the history of America.
Hey guys and TED-Ed, if you need some music you can use mine freely! :)
love it ! :D
lol
What kind of license is on it? You gotta watch out if you don't want people to just reupload your song sith a new background and no credit to you. Also I don't think a youtube comment giving permission counts? I say this cause I heard of a guy who tried to change his license after already making it free for anyone to use for anything. It's not legal to change your license to be more restrictive after already giving permission.
thanks bro
what software so you use?
I'm all teared up by the end of this video!
The right to bear arms meant each individual citizen would possess his own weapon to unite with one another in a well regulated militia so that the power of a king or President would not become over powering.
Don't tell anyone you think that. Truth is hateful, racist, masogynistic, islamophobic, homophobic and white-privileged.
It has gotten so bad that Veterans are considered home grown terrorist, including those of the Greatest Generation. I believe, I know so of you won't agree, but tough S@#t,that the ones in government that want gun control or the complete taking away of guns are the ones that are starting to understand that We The People are getting tired of the S@#t they are trying to shove down our throats. They are worried that we will have another Civil War and that they will loose. Enforce the laws on the books, we don't need more gun control laws that are not enforced anyway.Whether I am against guns or not, just think about what i have stated. you can insult me all you want. It is just a thought.
Lorie Franceschi I am sick and tired of politicians or even regular people shutting down free speech and the discussion of ideas just by saying it's hateful or racist. Let's dscuss ideas. The founding fathers aren't stupid. They knew the conscencuences of the second amendment and put it there for a reason. It is to protect against the rise of a tyranical goverment. We have a goverment that is shutting down free speech and wanting to take our guns?! This is exactly what the founding fathers wanted to protect against so that the God given rights to ensure the liberty of humanity would not be enfringed upon.
it has gotten so bad that Christians can not pray or talk about the Bible at school, yet muslisms get to pray and can talk about the Quran.Or that some writes something on a public sidewalk and others fears for their life and needs a safe zone because of what is written. on the other side, if someone at a public school put up a flag of another country and an American takes it down and replaces it with our FLAG, the one that put the American flag up is the one punished. Its gone to far. I am waiting for others to stand with me to stop this PC crap and get our Country back. If they don't like it then they can leave. We are The Untied States of America and we have our own morals and standards and the PC crowd is giving it all away. It is like this, we may fight between ourselves, but we band together when someone attacks us. Last time that happened was 9/11. and it has gone down hill from there as soon as most people forgot about 9/11.
Lorie Franceschi
I also am tired of the PC bull but you have a few points that are wrong. Christians can pray or talk about their faith at school. They are just not allowed to have it required or have anyone from the school lead it. If the students do it on their own its fine. Any school that still gives them problems is breaking the law.
As for the flag, as much as it pisses me off, another persons flag is their property and you are not allowed to mess with it any more than they are allowed to mess with yours. f they are so proud of their country why cant they go on back and fix its problems themselves.
The safe zone crap is just bull and a nicer way of saying what they are doing. Its just their way of trying to silence free speech by trying to say it offends them. They start with a small space, then demands the whole area be changed into it a "space space" as, "its only common sense".
It was only 12 original:ies Delaware was considered a part of Pennsylvania until After the The Revolutionary War This is something no one ever seems to remember or consider
great job!
well the right to keep and bear arms is one of our key rights, and is worth to preserve, so that's why.
No it's not that exact amendment is like a drug to america something we know shouldn't be on the amendment but something we can never get rid of.
I love how you said "every sentence, word, and punctuation mark" regarding the Bill of Rights. I believe there have been fierce debates over the placement of one of the commas in the Second Amendment which could potentially change the entire meaning. A comma!
Maybe we should have just taken Thomas Jefferson's advice and re-written the Constitution every 7 years. :P
That could have ended up in chaos if people's rights were constantly changing.
Thats sound like material for another video.
It's changed the meaning. Did you intend this? One stroke and you've consumed my waking days.
I only said "potentially" because I don't want to get into an argument. I have my take on it, as I'm sure do you. Whether the Founders meant the meaning with the comma, or if that was just a quirk of 18th-century writing... we'll never know.
Andrew Weber If we followed TJ’s advice we’d probably be hundreds of years behind most first world nations due to unending chaos and violence that would ensue.
We do appreciate 🙏 all u do absolutely
After growing up with School House Rock, I can’t say, “We the people …”. I have to sing it
When picturing Massachusetts, you forgot a part of it: Maine.
0:51 Wow these guys are worse than stormtroopers
I did not know this! this is very interesting
what is the blue and red teams?
great video!
You fail to mention the reason the debate over individual rights became so contentious: many of the states constitutions already provided those rights. They weren't based on "what if the federal government does ....." They were written to prevent the government of the United States from becoming as tyrannous as the British one had been. They were glaringly absent from the federal constitution and many delegates signed the Constitution only on the condition that those protections be added.
PSA : The baby's sign at 0:13 says goo goo ga ga
"The constitution's a mess!" "so it needs amendments!"
I swear one of the founding father art figures looks like LMM...
Alexander Hamilton's pose is a little peculiar ;)
love the animation. reminds me of Rick and Morty
hamilton wrote.... tHE OTHER FIFTY ONE
wow, complex, but good final sentence summary.
Hence where u get the 2 parties
The reason I watch these videos is about 60% this guy's voice
The separation of powers is the first thing in my mind about the constitution.
So I wanna know who made what amendments
This has to be one of my favorite videos of all time.
Is it me, or does the art style look like Rick and Morty?
The biggest take away here is that the Constitution did not need a bill of rights. The Constitution only gave congress a few specific powers. The Constitution does not need the bill of rights because it is implied that any powers not explicitly given to the federal government belongs to the states or the people. The Bill of Rights simply spelled out some of the logical consequences of this. In fact the 10th amendment specifically says that powers not given to the federal government belong to the people or states.
That assumes people will not try to weasel their way to tyranny unfortunately they do which is why we need a bill of rights
Idk thought it happened a little different? It was Virginia who demanded a bill of rights, which in turn got the other 4 states making 10 states, to go with the constitution.
WHAT'S YOUR NAME MAN
anyone else feel like that the animator is from Rick and Morty?
1:57
ALEXANDER HAMILTON -dramatic song plays-
The animated guns were realistic as can be!Great detailed art. Is it bad that was my favorite part of this presentation ?
Nothing wrong with liking the art. And nothing wrong with liking or owning guns either (as long as you are a responsible gun owner).
I wonder what whoever added "right to bear arms" to it would say after looking at modern USA.
He would wonder why every almost every President and Congressman post-Civil War wasn't forced out of office.
They would be wondering why the people didn't use their high tech guns to overthrow a clearly unconstitutional government.
More than likely they would scoff at the notion of gun-control and scoff that anti-gunners think the amendment was only for a militia since the Federalist Papers clearly state that individuals must bear arms. They would also be pissed about the argument that "guns were different back then" like they were idiots and didn't think better technology would come along.
"What part of "Shall not infringe" do you not get, you dorbel! Do you think we talked it over tea with the British? And just why in the bloody hell have you let a bunch of leasing-mongers take over the country? You bunch of useless fops!" *Starts beating everyone in range with a cane.
Yea that's how I picture it going over. Something to keep in mind they where not the type of "lets make someone else do something about it by passing a law" and more "attack first ask questions later". Look at how the first presidential assassination attempt on Andrew Jackson went. He brutally beat the guy with his cane until the crowd intervened...
The 2nd amendment is meant to arm the people against the government. If anything, they would want the people to have more dangerous weapons to compete with tanks and planes.
This is what it means by negative rights. I get it now. I just heard of that Summersby or what ever fellow.
My teacher needs me to watch it I like the video
I really like this video
HAMILTON AT THE CONSTITUTIONAL CONVENTION
Kari Hereditary I was chosen for the constitutional convention!
And indeed, providing a list of things the government CAN'T do, has turned out to prove that it shall believe it CAN do EVERYTHING else.
No. They also do what they aren’t allow to anyway
Whet the video says about 9 states ratifying is wrong. Virginia didn't even find out New Hampshire was the 9th State until they had already become the 10th. Virginia celebrated being the 9th system before finding out they weren't. New York got word quickly because Hamilton paid a pony express rider to bring word and that had a major impact on the NY ratifying debate.
NY proposed using the Article V Convention process since the new Constitution was now in effect and New York and Virginia did that, but Congress didn't act until they convened months later. By then there were 11 States, followed quickly by #12 North Carolina, to make the proposal in Congress. (Rhode Island held out and did not participate in the first Congress that proposed the bill of rights.)
spectacular
I HAVE A VIDEO IDEA
why do we have that taste in our mouth when we think of a food we want or, why can we taste the food in our mouth when we smell it?
is it just me or did u start singing Hamilton when he said Alexander Hamilton
I'm dropping an F for Hamilton may he RIP
It was based on English Bill of rights magna carta made in 1215 singed by King John Bill of rights
look back at the bill of rights
(which i wrote)
the ink hasnt dried
I WAS CHOSEN FOR THE CONSTITUTIONAL CONVENTION
THIS VIDEO MAKES ME THINK OF THE SONG NON-STOP
I am beautiful.
Maryland ummmm
our history teacher sent us this.
a romanian teacher, whaat.
Hard to understand!
Ted you forgot to mark Vermont as New York on the map.
Vermont was in dispute at the time in 1787 as being an independent republic (their belief) or part of NY or part of NH.
artistic style of the animation reminds me of rick and morty
can you please make a video on fasting??
Might not be the best time of the year to remind everybody what fasting does to the body :p
1:26 i think the guy in the middle is hamboi
HAMILTON WROTE THE OTHER FIFTY ONE
Nice to know that the pillars of America are made of paper
When the people fear the government there is tyranny, when the government fears the people there is liberty. John Basil Barnhill.. ”Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech. Benjamin Franklin. People never give up their liberties but under some delusion. Edmund Burke..
Why weren’t all the founding fathers views and “intent of” compiled as an appendix for the constitution and Bill of rights
This James Coll dude sounds a lot like CGP Grey.
HOW DOES THIS GUY HAVE 11.2M SUBS!!!!!!!!!
Done
Just let it go...
Either the constitution was powerless to protect the peoples rights and check the growth and expansion of the government or it was never intended to do these things. In either case it has failed.
they forgot about the 3/5th compromise for some reason
they have another (recent) video about why it's so difficult to change amendments. it talks about the percentage of approval you need to ratify or change the constitution and all the different levels of agreement you need :)
That's not what the 3/5ths compromise was about...
+Grindstone oh, sorry lol
Ellie If you haven't googled it by now, basically it was a compromise to get the southern slave states to agree to ratify the consitution. The "3/5ths" part comes from the constitution only counting slaves as 3/5s of a person for purposes of determining the amount of population in a given district for representation within congress.
+Grindstone thank you for explaining it! i find all politics involving the beginning of a nation really interesting but definitely dont know enough about it
As much as I love the Constitution, it needs to be made easier to ratify amendments. many things have changed since the last Amendment was ratified in 1992, 22 years after it was proposed. The world is changing much faster and the rate of change is only going to get faster, so being more able to change or add laws to the Constitution is PARAMOUNT in these turbulent, Highly Divided times.
Except making it easier to amend would itself require an amendment!
I can already see the Alexander hamilton vs Aaron burr duel video. American founding father Alexander Hamilton is being rowed back across the Hudson after being shot by Vice President Aaron burr. But how did it get to his point? To answer that we have to go back...
Why does this remind me of animation from regular show??
Here
2
expressed and implied powers....
Am i the only one singing along to this using the Hamilton soundtrack?
That's how i feed my eel
A better question: why do so many Americans think that the constitution is based on the 10 commandments when it so obviously was not?
Setekh Ten Commandments?
Ten Duel Commandments!
ALEXANDER HAMILTON !
In G. Washington's letters to G. Mason he forbade the 1689 bill of rights to be in the constitution or he would go home .
'Take a moment to think about the US Constitution' Um, no. Let's not.
Right on man, encourage people NOT to think!
***** I am not from America and nor will I ever step foot in that place lmao. Bye, I'm fine where I am in England m8.
That explains a lot. Enjoy your subjugation. Be sure to bow before your "royalty".
+Yusuf A Go back to worshiping your pedophile "prophet" muhammad.
3:02 Like the 2nd amendment.
21st century living by 18th century standards.
I don't even think it says every person has the right to own a gun, I thought it was they had the right to bear arms to form a militia against the state if they thought it was unjust? I remember hearing that somewhere
"A well regulated militia being necessary to the security of a free state, the right of the people to keep an bear arms shall not be infringed."People often get hung up on that first clause because they don't understand it. In the usage at the time, "well regulated" meant "functioning properly" and the militia is defined by the Constitution as every able bodied male. The 2A enumerates the fundamental right of human beings to bear arms in defense of self, family, nation, and liberty. In other words, the rights to life and liberty are self evident natural rights, as laid out in the Declaration of Independence, and bearing arms is obviously necessary to secure those natural rights.
Although the original intent is somewhat cloudy (whether it was meant to protect the individual against others with defense against the government as a byproduct or primarily against the government), I don't think it really matters. As Chopping Block stated, and as SCOTUS has backed up, the militia at the time was every able-bodied male/person with their personal weapon (which now means anything in "common use").
What Chopping Block didn't explicitly state is that the Second Amendment is the foundation of all others. If we don't have a check against government power, there's nothing stopping them from removing other rights (which is why there are so many people against further gun control).
+000Bob000jones000 Nailed it.