What is the original purpose of the Bill of Rights?

Answer 1

One of the acknowledged weaknesses of the Articles of Confederation, the foundation of the first US government, was its lack of federal court system to settle issues arising under acts of the Continental Congress and involving the national government as a whole.

When the Framers (the Founding Fathers responsible for writing the Constitution) created the US Constitution, they realize this problem needed to be corrected, so they set up a tripartite (three part, or three-branch) government that included a Judicial Branch to manage a federal court system. The Framers recognized the courts would devolve into a British common law system (in 18th-century England, the understanding and application of law varied from one town or area to the next) which would lack consistency unless the Judicial Branch had one court with ultimate authority over legal interpretation.

The Framers also recognized the new federal government would be called upon to mediate disputes between the states, and that also required a court with supreme authority over constitutional interpretation and the ability to settle those disputes on behalf of the federal government.

This is addressed in Article III, Sections 1 and 2, of the US Constitution:

Article III

Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

Answer 2

Article III of the Constitution talks about the original purpose of the US Supreme Court:

Article III

Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

The US Constitution arose from a need to improve the Articles of Confederation, which had provided a weak and inefficient national government. Individuals and delegations from several states, including Virginia and New Jersey, created proposals for modifying the existing document. Every plan included the concept of a Supreme Court, which was not designed to prevent states from suing the federal government (Hamilton's Plan would have abolished the states in favor of one central government, anyway), but to serve as the highest appellate court. In some plans, the Court was also called upon to advise the President (an idea abandoned by the early Supreme Court).

The new Constitution was devised through debate, argument and compromise at the Constitutional Convention (also called the Philadelphia Convention and Constitutional Congress) that convened in Philadelphia from May 25 to September 17, 1787. One of the few points of agreement was that the Framers didn't want the United States government to resemble the British government, which meant they had to consider unique ways to address both legislature and law.

Article III outlines the role and general function the delegates envisioned for the Supreme Court, but left many details to Congress, which were originally satisfied by the Judiciary Act of 1789. Included in Section 13 of the Act (which was later found unconstitutional on other grounds) was a provision requiring all suits against the United States be heard by a jury to ensure a fair hearing:

Judiciary Act of 1789, Section 13 excerpt:

"And the trial of issues in fact in the Supreme Court, in all actions at law against citizens of the United States, shall be by jury."

Article III, Section 2 enumerates the type of cases over which the Court has original jurisdiction (meaning, the Supreme Court functions as a trial court under these circumstances), which includes the power the hear disputes between the states, and suits in which the United States is a party. The Court was also granted appellate jurisdiction over cases that included questions of federal or constititutional law.

Answer 3

The original purpose of the Bill of Rights was to protect the rights of citizens and to limit government power. The Bill of Rights is in the Constitution.