As states debated whether to ratify the new U.S. Constitution, many critics argued it lacked clear protections for individual liberties. Several state ratifying conventions proposed amendments, creating political pressure on the new federal government to add a bill of rights soon after the Constitution took effect.
The First Congress assembled and began organizing the new federal government. Many members recognized that passing amendments protecting rights could help build public trust and reduce continued opposition to the Constitution.
Representative James Madison presented a set of amendments in the House of Representatives. His proposals aimed to address major concerns raised during ratification, especially protections for speech, religion, and fair legal process.
After weeks of debate, the House voted to approve a revised set of amendments based on Madison’s proposals. This House-approved list reflected compromises about wording and which rights to emphasize before sending the work to the Senate.
The Senate reviewed the House amendments, then edited, combined, and reorganized them into 12 proposed articles. This step mattered because it set the basic structure of what Congress would ultimately submit to the states.
The House and Senate agreed on a final package of 12 proposed amendments and formally submitted them to state legislatures. This began the state-by-state ratification process required to change the Constitution.
President George Washington sent the congressional amendments to the states for consideration. The transmission made the proposals official business for each state legislature and helped keep the ratification effort moving forward.
New Jersey became the first state to ratify the proposed amendments, signaling early momentum. Maryland and North Carolina followed quickly, showing broad interest in adding rights protections to the new Constitution.
South Carolina, New Hampshire, Delaware, New York, Pennsylvania, and Rhode Island ratified during 1790. By mid-1790, the ratification campaign had won approval from a large majority of states, though not yet enough for adoption.
Vermont entered the United States in 1791 and later that year ratified the proposed amendments. Vermont’s statehood changed the total number of states, affecting how many approvals were needed to reach the Constitution’s three-fourths requirement.
Virginia’s approval supplied the final ratification needed for adoption. Ten of the original twelve proposals (articles 3 through 12) became the first ten amendments to the Constitution, now known as the Bill of Rights.
Two of the twelve proposed amendments were not adopted in 1791: one on congressional representation and one on congressional pay. The pay proposal was eventually ratified much later (as the 27th Amendment), while the representation proposal was never ratified—showing that the 1789 package continued to matter long after the Bill of Rights took effect.
Adoption of the Bill of Rights (1789–1791)