George Mason: Virginia Declaration of Rights

Explanation and Analysis of the Document

Drawing on the Enlightenment ideals of John Locke, the English Bill of Rights of 1689, and the Magna Carta, the Virginia Declaration of Rights contains sixteen articles. The first nine articles pertain to the basic principles of a free republic. The following seven articles deal with the rights of individuals.

Section I declares that free men are entitled to life, liberty, and property in addition to their happiness and safety. These “inherent” rights cannot be denied. Section II states that a government's power is vested with the people. Public officials are the servants of the people and get their authority from the people.

Section III maintains that a government is established for the benefit of its citizens. Section III also states that the best government is that which produces “the greatest degree of happiness and safety.” In addition, the people have the right to abolish or reform the government if it is not fulfilling its duties.

Section IV affirms that no one is entitled to compensation or privileges. It also says that public offices are not to be hereditary. Section V avows that the legislative, executive, and judicial branches of government should be separate from one another. In addition, regular elections should be held for positions in the legislative and executive branches.

Section VI maintains that all elections should be free and that all men should have the right to vote. This section goes on to say that men cannot be taxed without their consent and that their property cannot be taken for public use without their consent. Section VII declares that abolishing laws or enforcing laws without the consent of the people is detrimental to their rights.

Section VIII says that an individual has the right to know the crime of which he has been accused and to know his accuser. It also states that a man is entitled to a trial by a jury of his peers and that he cannot be forced to provide evidence against himself. Section IX also deals with the judicial process. This section asserts that one's bail or fines should not be excessive, nor should cruel and unusual punishments be inflicted.

Section X maintains that general warrants for the search and seizure of one's home should not be allowed without sufficient evidence. Section XI states that in disputes of property or between individuals, there should be a trial by jury.

Section XII champions the freedom of the press as “one of the greatest bulwarks of liberty” and asserts that it should never be restricted. Section XIII maintains that a nation should be defended by a well-trained militia. During peacetime, however, standing armies should be avoided.

Section XIV states that the people of Virginia have the right to a regular government and that no separate or independent government should be established. Section XV maintains that government and liberty are preserved by adhering to “justice, moderation, temperance, frugality, and virtue.” Section XVI states that men are allowed to practice any religion and that citizens should be tolerant of one another.