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15 Facts About the Bill of Rights

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December 15 is Bill of Rights Day, so let’s celebrate by exploring the amendments that helped shape America.

1. IT OWES A LOT TO MAGNA CARTA.

Some of the sentiments in our bill of rights are at least 800 years old. In 1215, King John of England had a serious uprising on his hands. For many years, discontentment festered among his barons, many of whom loathed the King and his sky-high taxes. On May 17, a rebellious faction led by Robert Fitzwalter captured London, forcing John to negotiate.

Their talks produced one of the most significant legal documents ever written. The King and his barons composed a 63-clause agreement which would—ostensibly—impose certain limits on royal rule. Among these laws, the best-known gave English noblemen the right to a fair trial. They called their groundbreaking peace treaty Magna Carta, or “The Great Charter.”

The original version didn’t last long, though. John persuaded Pope Innocent III to invalidate the document and, within three months, His Holiness did just that. The next year, King John’s 9-year-old son, King Henry III, issued an abridged version of Magna Carta to appease the barons, and in 1225 enforced a new and revised Magna Carta. Today, citizens of the U.K. are protected by three of the 1225 version’s clauses, such as the aforementioned right to a trial by jury.

Magna Carta’s influence has also extended far beyond Britain. Across the Atlantic, its language flows through the U.S. Constitution. Over half of the articles in America’s Bill of Rights are directly or indirectly descended from clauses in said charter. For instance, the Fifth Amendment guarantees that “private property shall not be taken for public use, without just compensation.” Article 28 of Magna Carta makes a similar statement about the seizure of “corn or other goods.”

2. ANOTHER BIG INFLUENCE WAS THE ENGLISH BILL OF RIGHTS.

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Issued in 1689, this Parliamentary Act made several guarantees that were later echoed by the first 10 U.S. constitutional amendments. For instance, the English Bill of Rights forbids “cruel and unusual punishments” while ensuring the “right of the subjects to petition the king.”

3. THE U.S. VERSION WAS CHAMPIONED BY AN OFT-IGNORED FOUNDING FATHER.

There’s a decent chance that you’ve never heard of George Mason. By founding father standards, this Virginian has been largely overlooked. But if it weren’t for Mason, the Constitution might have never been given its venerated Bill of Rights.

Back in 1776, Mason was part of a committee that drafted Virginia’s Declaration of Rights. “[All] men,” the finished product said, “are by nature free and independent, and have certain inherent rights… namely the enjoyment of life and liberty.” Sound familiar? It should. As everybody knows, Thomas Jefferson would write another, more famous declaration that year. When he did so, he was heavily influenced by the document Mason spearheaded.

Fast-forward to 1787. With the Constitutional Convention wrapping up in Philadelphia, Mason argued that a bill of inalienable rights should be added. This idea was flatly rejected by the State Delegates. So, in protest, Mason refused to sign the completed Constitution.

4. MASON FOUND AN ALLY IN THE “GERRY” OF “GERRYMANDERING.”

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At the convention, the motion to include a bill of rights wasn’t made by Mason, although he seconded it. Instead, credit belongs to one Elbridge Gerry, who had also withheld his signature from the Constitution. He’d go on to become a notorious figure during his tenure as the governor of Massachusetts. A stauch Democratic-Republican, Gerry was governor during the blatantly partisan re-drawing of the Bay State’s congressional districts. These days, we call this unfair political maneuver “gerrymandering.”

5. THOMAS JEFFERSON WAS A HUGE PROPONENT ...

The Sage of Monticello sided with Mason. Following the Constitution’s approval, Jefferson offered a few comments to his friend James Madison (whom history has called its father). “I do not like … the omission of a bill of rights,” he wrote. “Let me add that a bill of rights is what the people are entitled to against every government on earth.” 

6. ... AND SO WAS JOHN ADAMS.

Adams was away in Great Britain when the Constitution was being created. Upon reading its contents, he proclaimed that “A Declaration of Rights I Wish to see with all my heart, though I am sensible of the Difficulty in framing one, in which all the States can agree.”

7. AT FIRST, JAMES MADISON THOUGHT THAT IT WOULD BE USELESS.

From the onset, this future president admired the principle behind a bill of rights. Still, he initially saw no point in creating one. Madison explained his position to Jefferson in October 1788, writing, “My own opinion has always been in favor of a bill of rights … At the same time, I have never thought [its] omission a material defect.” But Madison eventually changed his tune. After becoming a congressman in 1789, he formally introduced the amendments that would comprise the current bill of rights.

8. BEFORE HE COULD INTRODUCE THE BILL OF RIGHTS, MADISON HAD TO DEFEAT JAMES MONROE.

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Madison won his seat in the U.S. House of Representatives after running against the man who would become his Oval Office successor. Both candidates acted with civility: While on the campaign trail, they regularly dined together and even shared sleeping quarters. 

9. CONGRESS PASSED 12 AMENDMENTS, BUT TWO WERE LATER EXCLUDED.

Originally, Representative Madison presented 19 amendments. On August 24, 1789, the House green-lit 17 of them. That September, the Senate made some heavy edits, trimming these down to an even dozen, which the states then looked over. In the end, numbers three through 12 were approved and collectively became our Bill of Rights on December 15, 1791.

10. AN UNDERGRADUATE STUDENT GOT ONE OF THOSE AXED AMENDMENTS RATIFIED IN 1992.

Better late than never. The second proposed amendment would have restricted Congress’ ability to give itself a pay raise or cut. No law that tweaked the salaries of its members would take effect until after the next Congress had begun. Sensible as this idea sounds, the amendment wasn’t ratified by the required three-fourths majority of U.S. states. So, for 202 years, it was stuck in limbo.

Enter Gregory Watson. His rollercoaster-like journey with the dormant proposal began in 1982. Then a student at the University of Texas, Watson was researching a term paper when he discovered this Congressional Pay Amendment. As he dug deeper, the undergrad found that it was still “technically pending before state legislatures.”

So Watson mounted an aggressive letter-writing campaign. Thanks to his urging, state after state finally ratified the amendment until, at last, over 38 had done so. After a bit of legal wrangling with Congress, on May 20, 1992, the constitution was updated to include it as the 27th (and most recent) amendment. (Watson, by the way, got a C on that term paper.)

11. SOME OF THE ORIGINAL COPIES WERE PROBABLY DESTROYED.

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During his first term, President Washington and Congress had 14 official handwritten replicas of the Bill of Rights made. At present, two are conspicuously unaccounted for.

One copy was retained by the federal government while the rest were sent off to the 11 states as well as Rhode Island and North Carolina, which had yet to ratify. Subsequently, Pennsylvania, Maryland, New York, and Georgia all lost theirs somehow. It’s believed that the Empire State’s was burned in a 1911 fire while Georgia’s likely went up in smoke during the Civil War.

In 1945, a long-lost original copy—experts aren’t sure which—was gifted to the Library of Congress. Forty-nine years earlier, the New York Public Library had obtained another. Because it’s widely believed that this one originally belonged to Pennsylvania, the document is currently being shared between the Keystone State and the NYPL until 2020, when New York will have it for 60 percent of the time and Pennsylvania for the rest.

12. NORTH CAROLINA’S COPY MAY HAVE BEEN STOLEN BY A CIVIL WAR SOLDIER.

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During the spring of 1865, Raleigh was firmly under the control of pro-Union troops. According to a statement released by the U.S. Attorney’s office in that city, “Sometime during the occupation, a soldier in Gen. William Sherman’s army allegedly took North Carolina’s copy of the Bill of rights [from the state capitol] and carried it away.”

Afterward, it changed hands several times and eventually came into antique dealer Wayne Pratt’s possession. When the FBI learned of his plan to sell the priceless parchment, operatives seized it. In 2007, the copy went on a well-publicized tour of North Carolina before returning to Raleigh—hopefully for good.

13. THREE STATES DIDN’T RATIFY IT UNTIL 1939.

To celebrate the Constitution’s 150th anniversary, Massachusetts, Connecticut, and Georgia formally gave the Bill of Rights the approval they’d withheld for well over a century.

14. THE BILL OF RIGHTS’S LEAST LITIGATED AMENDMENT IS THE THIRD.

Thanks to this one, soldiers cannot legally be quartered inside your home without your consent. Since colonial Americans had lived in fear of being suddenly forced to house and feed British troops, the amendment was warmly received during the late 1700s. Today, however, it’s rarely invoked. As of this writing, the Supreme Court has never based a decision upon it, so the American Bar Association once called this amendment the “runt piglet” of the constitution.  

15. BILL OF RIGHTS DAY DATES BACK TO 1941.

On November 27, 1941, President Franklin D. Roosevelt urged America’s citizenry to celebrate December 15 as “Bill of Rights Day” in honor of its anniversary:

“I call upon the officials of the Government, and upon the people of the United States, to observe the day by displaying the flag of the United States on public buildings and by meeting together for such prayers and such ceremonies as may seem to them appropriate.”

“It is especially fitting,” he added, “that this anniversary should be remembered and observed by those institutions of a democratic people which owe their very existence to the guarantees of the Bill of Rights: the free schools, the free churches, the labor unions, the religious and educational and civic organizations of all kinds which, without the guarantee of the Bill of Rights, could never have existed; which sicken and disappear whenever, in any country, these rights are curtailed or withdrawn.”

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4 Suspect Historical Theories for Predicting Criminality

When was the last time you looked a stranger in the face and made a snap judgment about how they behave? If you've graduated kindergarten, you know you're not supposed to. But for centuries, scientists and philosophers believed that physical traits corresponded to personality. Even Aristotle thought there was a connection between the book and its cover.

Today, physiognomy—as the study of facial features linked to personality became known—is considered a pseudoscience, but it was the first application of any science at all to criminology. Some argue that it helped pave the way for the development of forensics and tools like psychological profiling; others point out that attempts to link biology to criminal behavior are often deeply problematic, and have been used to justify discrimination against various ethnic and religious groups.

Controversial though they may be, theories linking biology to criminal behavior have not gone away. From skull shape to body types, here are some of the ways we've tried to use what's on the surface to unearth the monsters underneath.

1. PHRENOLOGY

As a young man in late 18th-century Vienna, physician Franz Josef Gall wondered why his classmates were so good at memorization while he struggled. And why did he surpass them in other areas? After noticing that those who were particularly skilled at memorization had prominent eyes, he spent years searching for a biological explanation for differences in mental characteristics. Eventually, he landed on a theory that aimed to explain all human behavior.

Gall based his theory, soon to be known as phrenology, on the notion that the brain was composed of 27 separate “faculties,” or organs, each responsible for a behavioral trait—benevolence, covetousness, arrogance, and wit, just to name a few. He believed that the size of an organ was correlated to its power and that the skull took its shape from the brain. As such, by examining the shape of the skull one could determine personality. Eventually, Gall's followers introduced the idea that people were born with their faculties in balance and were essentially good, but under- or over- development, diseases of, or damage to any of these faculties could cause an imbalance that would lead to a particular behavior.

Phrenology soon took off in Europe and then in North America. It wasn't long until Gall's acolytes were applying his principles to the study of criminality, examining the skulls of criminals for clues about their personality and publishing books and treatises that showed others how to do the same. For phrenologists, crime was a result of an overgrowth or other anomaly in a particular faculty—say, destructiveness.

By attributing behavior to a brain defect, phrenology broke with existing notions of deviant behavior. Pre-Enlightenment theory had held that such behavior was the result of “evil” or supernatural forces. During the Enlightenment, free will reigned supreme, and criminality was seen as an exercise of that will, the only deterrent for which was severe punishment. Phrenology removed free will from the equation. While those with “normal” faculties could commit crimes based on free will and should be punished accordingly, the habitually criminal were not necessarily responsible for their actions—they behaved the way they did because of mental disorder, one which could be addressed and treated. It's no coincidence that phrenologists were among the most vocal opponents of capital and corporal punishment and major proponents of rehabilitation in the middle of the 19th century.

Phrenology declined in popularity in the second half of the 19th century, although it persisted into the 20th century in some areas. For a brief moment, it was the first and most comprehensive scientific approach we had to criminology.

2. DEGENERATION

A page from Cesare Lombroso's book l'Uomo Delinquente, 1889
A page from Cesare Lombroso's book l'Uomo Delinquente, 1889

Sometimes called the “father of criminology,” Italian physician Cesare Lombroso spent much of his career examining the bodies (both dead and alive) of convicted criminals and the mentally ill. The army doctor and professor of psychiatry was struck by both Darwin's theories and the work of Italian evolutionists during the 1860s, and evolution greatly influenced his later work.

Like Gall, Lombroso experienced a “eureka” moment while making a minute examination of a human head—only in his case, it was the skull of the recently deceased thief and arsonist Giuseppe Villella. Villella had a small indentation at the back of his skull; unusual for a human, but common in some primates. Lombroso noticed the trait in a few other crooks, and theorized that criminals were in fact some evolutionary throwback to primitive humans. He began to argue that deviance was inherited in many of these “born delinquents,” and they could be differentiated from the masses by physical characteristics that he claimed resembled our primate ancestors: large jaws, jug ears, high cheekbones, bloodshot eyes, to name a few attributes. Behavioral traits like idleness and non-biological features like tattoos could also be a sign.

Lombroso ran experiments on prisoners, the insane, and even low-lifes he wrangled from Italian alleyways. He took measurements of their bodies and features and tested their blood pressure, pain resistance, and reaction to other stimuli. Over the years, he established a set of features associated with different types of crime. His theory, known as degeneration, laid the foundation for a systematic approach to crime and even punishment. Like the phrenologists, Lombroso and his acolytes argued against capital punishment for those whose degeneration was not particularly advanced but triggered by an environmental factor—they were to be treated rather than locked up.

While wildly popular during his lifetime (he even argued the merits of his theory with Russian novelist Leo Tolstoy while visiting the writer's home), Lombroso's ideas faded from prominence as sociological theories of crime became more popular at the turn of the 20th century. Besides his emphasis on a scientific approach to criminology, his legacy consists of a museum in Turin stocked with the skulls and other ephemera he collected throughout his career ... along with the good doctor's own head, preserved in a jar.

3. SOMATOTYPES

Body type is blamed for a lot these days—a propensity for obesity, jeans that don't fit quite right. But in the early 20th century, an American psychologist named William Sheldon looked a little deeper.

Sheldon examined some 4000 photographs of college students and distilled their bodies into three categories, or somatotypes: endomorphs, mesomorphs, and ectomorphs. Endomorphs were soft, round, and put on fat easily; they were also amiable, relaxed, and extroverted. Mesomorphs were hard, muscular, and broad-chested; they were also assertive, aggressive, and insensitive. Finally, ectomorphs were long, narrow, and fragile-looking; they were also more introverted and anxious. Bodies fell into a spectrum defined by the degree to which they exhibited each of these three traits.

In a study of 200 delinquent youths, Sheldon concluded that mesomorphs had the greatest predisposition for impulsive (and thus perhaps criminal) behavior. While his work was criticized for its methodology, Sheldon did attract more than a few students, some of whom modified his theory to include social pressures; for example, it was possible that society treated people with certain physical characteristics a certain way, thereby encouraging delinquency.

4. XYY SYNDROME

XYY syndrome karyotype
An XYY syndrome karyotype

In 1961, a 44-year-old man underwent genetic testing after discovering his child had Down syndrome. The test results surprised his doctor—the man had an extra Y chromosome. Over the following decades, further testing revealed that XYY syndrome, as it became known, was rather common, appearing in men at a rate of 1 in 1000.

In 1965, when a study from a Scottish institution for people with dangerous, violent, or criminal propensities reported a high frequency of XYY syndrome among its population, scientists and the media alike began to wonder if that extra chromosome somehow caused violence and aggression in men. XYY was used as a defense in the trial of a French murderer, and has been brought up in regard to the case of Richard Speck, the student nurse killer of Chicago, though he turned out not to have the extra Y. Books and TV shows featured XYY killers even into the 1990s.

But what does the science say? While men with XYY syndrome tend to be taller, more active, and have a greater chance of having learning or behavioral problems, there's been no evidence showing a decrease in intelligence or a higher propensity for violence or aggression. In fact, most XYY men are unaware of their genetic quirk and blend perfectly well into the rest of the population. While two Dutch studies did show an increase in criminal convictions among XYY men, researchers have posited that this could be explained away based on socioeconomic variables that have also been linked to the chromosome aberrations.

For now, the XYY theory remains just a theory—as well as a convenient plot device.

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Astronauts on the ISS to Teach Christa McAuliffe's Lost Science Lessons
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Christa McAuliffe was set to become the first private citizen to travel to space when she boarded the Challenger space shuttle on January 28, 1986. That dream was cut tragically short when the shuttle exploded 73 seconds after liftoff, killing all seven passengers onboard. Now, 32 years later, part of McAuliffe's mission will finally be realized. As SFGate reports, two NASA astronauts are teaching her lost science lessons in space.

Before she was selected to join the Challenger crew, McAuliffe taught social studies at a Concord, New Hampshire high school. Her astronaut status was awarded as part of NASA's Teacher in Space Project, a program designed to inspire student interest in math, science, and space exploration. McAuliffe was chosen out of an applicant pool of more than 11,000.

Once in orbit, McAuliffe had planned to conduct live and taped lessons in microgravity for her students and the world to see. Though that never happened, she left behind enough notes and practice videos for astronauts to carry through with her legacy 32 years later. On Friday, January 19, astronaut Joe Acaba announced that he and his colleague Ricky Arnold will be sharing her lessons from the International Space Station over the upcoming months. The news was shared during a TV linkup with students at Framingham State University where McAuliffe studied.

McAuliffe's lost lesson plan includes experiments with Newton's laws of motion, bubbles, chromatography, and liquids in space, all of which will be recorded by Acaba and Arnold and shared online through the Challenger Center, a nonprofit promoting space science education.

It will be the first time students will get to see the lessons performed in space, but it won't be the only footage of the lessons available on the internet. Before the doomed Challenger flight, McAuliffe was able to practice her experiments in NASA's famous Vomit Comet. You can watch one of her demonstrations below.

[h/t SFGate]

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