Bill of Rights Day: How Your Rights Check Authoritarianism

In a polarized political climate where voters sometimes frame choices as between authoritarian-leaning conservatives and expansive-government progressives, it is easy to grow distrustful of government. Yet the turmoil of today does not erase the founding protections embodied in the Bill of Rights. Each December 15 we mark a document designed to limit government power and protect individual liberty.

Origins and Intent

Opposition to adding a bill of rights did not come mainly from people who thought it went too far, but from those who feared it might not go far enough. James Madison — years before his presidency — argued that rights are natural and preexist government and worried that enumerating rights might lead citizens to assume those listed were the only ones they possessed.

“The powers delegated by the proposed Constitution to the federal government are few and defined,” Madison wrote in Federalist No. 45, and he insisted that specific safeguards would help curb government overreach.

Thomas Jefferson shared the view that rights exist beyond what government grants. In an 1819 letter he defined rightful liberty as “unobstructed action according to our will within limits drawn around us by the equal rights of others,” and warned that laws can become “the tyrant's will” when they violate individual rights.

The Ninth Amendment And Ratification

Persuaded by debates with Jefferson and others, Madison proposed twelve amendments; ten were ratified on December 15, 1791 — the date now commemorated as Bill of Rights Day. To address concerns that listing some rights could imply others were unprotected, the Ninth Amendment states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

When Rights Were Tested

The record since ratification is mixed. Government has at times overreached: slavery required a Civil War to end; wartime censorship and loyalty tests curtailed dissent; businesses were nationalized in some crises; and Japanese Americans were forcibly interned during World War II. These episodes show how fragile liberty can be when fear or partisanship trump constitutional restraints.

Public Attitudes And Contemporary Polling

Public opinion about constitutional rights is often ambivalent. Polling by the Foundation for Individual Rights and Expression found many Americans think the First Amendment goes too far, and Pew Research reported that a majority favor stricter gun laws — positions that can conflict with broad readings of the First and Second Amendments. An October 2025 AP-NORC poll indicated majorities view freedom of speech, freedom of the press, voting rights, and gun rights as facing at least minor threats in the United States.

How Rights Reassert Themselves

Despite setbacks, the Bill of Rights has repeatedly reasserted itself. Wartime censorship helped inspire a renewed defense of free expression and what some call the “Free Speech Century.” Legal challenges, public advocacy, and civic engagement have also helped revive other protections, demonstrating that an asserted right can be reinvigorated when citizens and courts insist on enforcement.

Why It Matters

The Bill of Rights is neither perfect nor self-enforcing; it requires vigilant citizens, independent courts, and principled officials to remain effective. Partisan attitudes that apply constitutional safeguards only when one’s preferred party is out of power undermine the document’s purpose. On December 15, Bill of Rights Day, it is worth remembering that these amendments still serve as a crucial check on government across the political spectrum.

Celebrate the principles they enshrine and consider how to defend them today.