By the end of the eighteenth century, the majority of Americans had come to believe that government was created by citizens who consent to live under its laws in order to protect their rights of "life, liberty and the pursuit of happiness." They also felt that a written constitution was necessary for such a government. In 1787 a United States Constitution was drafted with a system of checks and balances by the creation of the executive, legislative and federal judicial branches of government. Within the blueprint of the Constitution the division of federal and state powers were defined. It also included explicit provisions for protecting individual rights such as trial by jury in criminal cases, suspension of the writ of habeas corpus, prohibition of bills of attainders and ex post facto laws and the Contract Clause. (Stephens and Scheb 334-337) The United States Constitution was unique but contained only a few apparent individual rights. During this period the Constit!
             ution was not applicable to everyone. It applied only to white men who were property owners. (Stephens and Scheb 351) The Framers of the Constitution did not consider it necessary to include a specific declaration of rights, a bill of rights.
             The United States Constitution's ratification had an obstacle, the absence of a bill of rights. Once the Constitution was submitted to the States for ratification, the people began to examine the document and many felt the Constitution should include a list of specific guarantees of individual rights such as the right to free speech, freedom of religion, due process of law, and freedom from governmental search and seizure. There were concerns for and against a bill of rights. For several years intense debates between the Federalist and Anti-Federalist occurred. The Federalist, lead by Alexander Hamilton, opposed including a bill of rights on the grounds it was not necessary. They felt there was no need to list ...