A variation of laws exist today in the United States that allow the protection of people rights, freedoms and wrongdoings. Constitutional law was ratified from the Constitution in 1788 and adopted from the Bill of Rights in 1791. Constitutional law gave lawmakers the power to create or define new crimes and also put limits on the federal government. The Constitution established the framework on how the government works, but the Bill of Rights was established to give individuals rights ad freedoms against the national government. The first ten amendments to the U.S. Constitution outlined rights granted to American citizens such as, freedom of speech, press, religion and freedom of assembly. In the terms of protecting citizens, the founders and the criminal justice system put limits on police behavior. The Fourth Amendment puts limits on the admissibility of confessions obtained …show more content…
Substantive law can be defined as “the part of the law that creates, defines, and regulates rights”, (Marion & Oliver 2012) p.7. This law is typically focused on the rights afforded to all citizens under the Constitution, precisely the rights found in the Bill of Rights. Protections such as unreasonable search and seizures, the right to a public and speedy trial, the right against excessive bail, and cruel and unusual punishments. Procedural law refers to the “branch of law that prescribes in detail the methods or procedures used in determining and enforcing the rights and duties of persons toward each other under substantive law”, (Marion & Oliver 2012) p.7. Procedural law focuses profoundly on the administrative practice in which citizen’s rights are guaranteed. One aspect of procedural law is that no one can ever be derived of their life, liberty, or property without due process. An example such as the police must appear before a judge to secure a warrant prior to entering a person’s property or to seize
The Bill of Rights was first proposed on September 25, 1789, and they were than adopted by the states on December 15, 1791. The three most important amendments that are guaranteed under the Bill of Rights are the First Amendment, Basic Liberties, the Fourth amendment, Protection from unreasonable searches and seizures, and lastly the Fifth amendment, Rights of the Accused, Due Process of the Law, and Eminent Domain. Our constitution is what makes America a country where people of all ethnicities want to come here to live because of our rights and freedoms that is guaranteed by our constitution.The first amendment is the not just the first amendment on the list of all of the amendments, its first because it's the most important amendment in the Bill of Rights.
The Articles outlined each power the three different branches of government had as well as the state's powers and the process of amending the Constitution. Articles VI and VII establishes the Constitution as the law of the land and describes the requirements needed to ratify the new Constitution. The first ten amendments in the Bill of Rights and the Bill of Rights itself was put in place to protect the individual rights of the people. The Bill of Rights was made to be able to adapt with the nation at time went by and society
To further strengthen the rights of the people, The Bill of Rights was ratified on December 15, 1791. With only the first ten amendments, it is no accident that two amendments, 9 and 10, specifically define the Constitutions purpose to protect rights, given to the government from the people; and the powers of the government are “only those delegated to it by the Constitution on behalf of the people” (Spalding, Page 145).
The Constitution is one of the most important document of the United States of America along with the Declaration of Independence. In the Constitution, the founding fathers and the government also included a set of "rights" entitled, The Bill of Rights. In The Bill of Rights, citizens of the U.S. are given rights, amendments, that make the U.S a "free" country today. This system has provided many citizens with rights such as, allowing them to express their religion and free speech and protect their privacy with no officials is allowed to search someone 's belongings unless there is a warrant that states reason. There are many more amendments besides the two listed and each of them are of equal importance to balance the power between the
There are ten Amendments in the Constitution, they are called the Bill of Rights. Each one of the Amendments protects a different right that people liveing the United States have. The Constitution was created in 1791. It took many drafts, but after 116 days on September 17, 1787 the members of Congress finally signed the Constitution (Constitutional FAQ Answer #87, usconstitution.net). James Madison wrote the Constitution, and the Bill of Rights (U.S Founding Fathers, constitution facts.com). Each Amendment, of the Bill of Rights, is important for a different reason. The first Amendment states,” Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (1st Amendment, cornell.edu). The first Amendment is very important because it protects the U.S. citizen's freedom of religion, freedom of press, and freedom of speech.
The US Constitution established America’s national government, fundamental laws, and guaranteed certain basic rights for its citizens. The framers of the Constitution ensured that the government would be just, and protect its citizens from internal discord. The Bill of Rights is the first 10 amendments in The Constitution and are to be our most basic of rights. The 5th amendment states “life, liberty, and property without due process of the law”. The 5th Amendment protects people from being held for committing a crime unless properly prosecuted, from being tried twice for the same crime, from being forced to testify against yourself, and from property being taken without payment. It also contains due process guarantees. Due Process gives
The creation of the US constitution was prompted my many different things going on. What established America’s national government and fundamental laws is the U.S constitution. It also guarantees basic rights for its citizens. The U.S constitution was signed on September 17, 1787 in Philadelphia, Pa. The first document before the U.S constitution was the Articles of Confederation, with that the government wasn’t very strong and the states didn’t act like they do today. In 1787, at the 1787 convention, delegates made a decision to make a stronger federal government that consisted of the executive, legislative, and the judicial branches. That wasn’t it either, it also had a system of checks and balances because they did not want one branch to be able to overpower another branch. The ten amendments of the Bill of Rights guarantees protections for people like religion and freedom of speech. In total, there are twenty-seven constitutional amendments.
The United States Constitution was recognized to Americans as a vague statement in clarifying the privileges and the rights of individuals and centralizing the power within the government itself. With the passing of the Bill of Rights and the first ten amendments, it grants the people to what is said to be their “natural rights” following additional rights that have significantly changed our society.
When the first ten amendments were added to the Constitution, they were planned to shield the public from the national government and not the states. States had their individual constitutions, and their laws only had to comply with their constitution. The founders of our country were very concerned about creating too powerful of a centralized government that might overstep on the given civil liberties of the public. As a protection of individual liberties, the Bill of Rights was formed. The Bill of Rights contains the first ten amendments of the Constitution and protect and preserve inalienable rights against abuse by the federal government.
the founding document of our nation’s laws and government. Within its texts, the Constitution outlines the operations and existence of all three branches of government, Executive, Legislative, and Judicial, as well as their functions and interdependence. The constitution also includes the Bill of Rights, and all other amendments that serve as a basis for any law created in our country at either the federal or state level. While semi-extensive, the main rights we share are those from the bill of rights, which
The U.S. Constitutional Rights are laws that guarantee the basic rights for the citizens.There are twenty-seven Constitutional Amendments in total, but 10 of them represent The Bill of Rights. The Bill of Rights ensures the basic individual protections such as freedom of speech and religion. The Bill of Rights became part of the Constitution in December 15, 1791 by George Mason.
The Bill of Rights and the 14th amendment are very important aspects of our government and the way it functions. The Bill of Rights, or the first ten amendments, was ratified in 1791. The 14th amendment was ratified 77 years later, in 1868. Thesel 11 amendments were created to protect the rights of the people. Before the Constitution was ratified, the anti-federalists demanded a Bill of Rights be attached. Afraid of the government gaining too much power like Britain had before, the anti-federalists would not support the Constitution until a Bill of Rights was guaranteed. Eventually, the Founding Fathers ensured the people that a Bill of Rights would be added directly after the Constitution was ratified. James Madison wrote the list of ten amendments
The constitution is the foundation of America. It has the country’s beliefs and rights within it. In 1791, the Bill of Rights was added to the constitution because the Anti Federalists refused to ratify the constitution till the Bill was added. The Bill of Rights not only guarantees citizens rights but also it ensures a limited government. The 14th amendment was later created in 1868 which guaranteed due process of law and equal protection under the law. The Bill of Rights and 14th amendment was made in hope that the government would learn their limitations and wouldn’t interfere with a person’s rights. It was basically the rules set for the government to follow. However as time goes by, the effectiveness of the Bill of Rights has lessened.
There are two major areas of law, civil law and criminal law. As a society, people tend to not pay attention to law unless they are in the middle of an issue. The two areas of law are important to know though, since an issue can occur at any time and it is important to be prepared and have a basic understanding of what is happening and what to do. Many people do not know the distinction between civil law and criminal law, and while the ramifications vary considerably for each, the cases can occur simultaneously, which is why it is important to know the differences and in what scenarios each form is used.
Criminal procedures are safeguards against the indiscriminate application of criminal laws and the wanton treatment of suspected criminals. Specifically, they are designed to enforce the constitutional rights of criminal suspects and defendants, beginning with initial police contact and continuing through arrest, investigation, trial, sentencing, and appeals. The main constitutional provisions regarding criminal procedure can be found in Amendments IV, V, VI, and XIV to the U.S. Constitution. The Supreme Court for the first time began to extend the protections guaranteed in the Bill of Rights to exercises of power by state and local governments.