We the People Mary Sarah Bilder on the Origins of the Bill of Rights
Sep 3, 2026
Mary Sarah Bilder, Founders Professor of Law at Boston College and historian of early America, traces the evolving meaning of rights from English traditions through the Revolution. She explores how natural-rights language challenged slavery and exclusion, why Philadelphia omitted a bill of rights, Madison’s change of heart, and how twelve proposals became ten amendments that later shaped American identity.
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Revolutionary Rights Language Challenged Slavery
- Revolutionary rights language gave enslaved Black Americans a basis for demanding freedom and women a basis for challenging exclusion.
- A 1773 Massachusetts petition asserted that enslaved Black residents possessed a natural right to be free.
States Disagreed About Writing Rights Down
- Early state constitutions disagreed about whether rights needed explicit textual protection.
- Some states placed declarations first, while others feared listing rights might imply that unlisted rights did not exist.
The Constitution Embedded Some Rights Already
- The Philadelphia Convention rejected a separate bill of rights while embedding protections such as habeas corpus, jury trials, and religious safeguards.
- Delegates also understood that explicit equality language could expose slavery's contradictions.
