“Second, the political process defined by the national Constitution.” There were two reasons the Bill of Rights was dangerous, “first, any listing was bound to leave out rights that would in the future be considered important but by their absence from the bill of rights imply that they were not protected.” This meant that in order to ensure that every member of the public was represented, the list of enumerated rights would need to be quite long.
The author, Donald Lutz continues, “second, since bills of rights were statements of commonly held values and commitments, and there were differences in these values from state to state, a national bill of rights would either have to contain the least common denomination and thus leave out things considered important by many people…” That is to say, not every right on every state’s bill of rights could be included in the national Bill of Rights. So, some rights would need to be eliminated despite the fact that they were important enough to be in a state’s bill of rights. Or an amalgamation of rights would be created by taking the rights state’s bills of rights found most important. Something has to give and there was no way to satisfy every person from every state.
Two of the most known and vocal Federalists were James Madison and Alexander Hamilton. These two men had different effects on the creation of the Bill of Rights and because there is a Bill of Rights appended to the Constitution this means the Federalist lost the
The Bill of Rights was like a pinky promise made between the new government and the States. One of the more well known promises made by the Bill of Rights was the second amendment which protected the rights of the populace preventing the federal government from infringing on “the right of the people to keep and bear arms.” (Bill of Rights, 1791). This was originally intended to preserve the ability of the people of the United States to once again overthrow tyrants if the need arose. Not coincidentally, George Washington himself was afraid that even he could become a tyrant.
The United States Bill of Rights came into being as a result of a promise made by the Fathers of Confederation to the states during the struggle for ratification of the Constitution in 1787-88. A great number of the states made as a condition for their ratification, the addition of amendments, which would guarantee citizens protection of their rights against the central government. Thus, we have a rather interesting situation in which the entrenchment of a bill of rights in the American Constitution was done by the virtual demand of the states, they themselves fearing a central government which was not legally constrained and restricted as far as its powers were concerned.
When the Second Constitutional Convention wrote the Constitution in 1787, there was a controversy between the federalists and the anti-federalists surrounding whether or not to have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. “inalienable rights.” A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are the First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment.
In 1787, the Constitution was written and submitted for ratification by the 13 states, but not everyone agreed with it. There were two groups of though. One was the Anti-federalists, who opposed the Constitution and the other group were the Federalists, who supported it. The Anti-federalists were people who supported the Articles of Confederation because they were doing well under them. They were mostly poor people from rural areas and were supported by the big states. They believed that the Constitution did not secure their rights and gave the central government too much power. The Federalists were mostly the wealthy people who lived in or near city areas and were supported by the smaller states. They believed that the separation of
In the development process of America, its sound that legislative system has a very solid foundation for the construction of American society. The Bill of Rights as one of the successful act in America, its importance position has never been ignored. The Bill of Rights was introduced by James Madison and came into effect on December 15, 1791. It has given the powerful support for the improvements of American society. The Bill of Rights has become an essential part in guaranteeing the further development of culture. The influence of The Bill of Rights can be easily found in its cultural revolutionizing. It can not only guarantee the harmonious relationship among all the walk of society, but can also promote the construction of harmonious
Through the years America has been built on freedom. Freedom to choose, freedom of religion, freedom to speak, and freedom for just about any person to complete anything they wish within that of the law. These laws have already been place in spot to keep and protect our freedom.
Created September 25,1978 and ratified December 15, 179, the Bill of Rights was imputed into society as a tool to establish law,order, and morality. James Madison, a political theorist, was known as the father of the Bill of Rights. One of the most important amendments in the Bill of Rights is the right to freedom of speech, expression and media. In the Bill of Rights, 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.” The First Amendment guarantees the citizens of America that they have the right to freely express themselves about anything, including political arguments and views. This amendment also guarantees the press/media the right to overtly publish their ideas on any topic in the newspaper. The purpose of this amendment is to assure America’s people that they shouldn’t worry about being censored or punished for the expression of their feelings because they are human just as everyone else.
The Constitution of the United States was made through compromises that not everyone agreed on but they came to an agreement on what they thought it should be. Before all of the fifty states were founded there was not a Bill of Rights, it was not until the new government was up and running before the Bill of Rights was added. The reason for this was that the framers of the constitution did not realize that the Bill of Rights was necessary to have at the time. A certainly important choice that was made was how our government was to be
The Bill of Rights became a very important document in the United States Constitution in order to ensure United States citizens equal protection of their rights and liberties. The main objective of the Bill of rights was to place limits on the national government creating an understanding and dividing the powers between the states and the national government. Not all the powers were granted to the national government however not all the powers were prohibited to the states. As stated by Ginsberg, Lowi, Weir & Tolbert (2015) the bill of rights consists of 10 amendments incorporated in the U.S constitution. It is important to note that each amendment contains a legal court case in which the supreme court as well as the government have ruled and have ignored or have protected the rights of the individuals involved.
Both the right to petition and assemble manifested themselves well before the Bill of Rights existed; they date all the way back to the Magna Carta, which was formulated in 1215. The Framers of the Constitution, using this historical document as well as a myriad of others as a basis, added a Bill of Rights to the end of the Constitution in 1789. Today, people exercise the many rights included in the Bill of Rights to express their opinion on an issue, but the extent to which these rights are practiced is quite controversial. Although some people believe that the right to petition and assemble should be unlimited, leaving these without restriction could be dangerous for the American people as it blurs the line between peace and violence, could
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.
It was not until after the Civil War that the Thirteenth, Fourteenth, and Fifteenth amendments were enacted and began protecting individuals against the states. The Fourteenth Amendment has been the principal means by which this protection has been accomplished. It reads, in part, “No State shall...deprive any person of life, liberty, or property without due process of law.” The Supreme Court had interpreted this guarantee of liberty to embrace the fundamental liberties in the Bill of Rights, meaning that the state governments must observe and protect them to the same extent as the federal government this is also known called incorporation. The amendments in the Bill of Rights are said to be incorporated against the states through the due process clause of the Fourteenth Amendment. There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states.
The American population has been ruled by different documents over time. When a document did not work, the Americans moved on to a different one, such as the Articles of Confederation to the United States Constitution. The Bill of Rights was added for the benefit of Americans, it was a good compromise between the Federalists and Anti-Federalists, and that it is still relevant today.
Secondly, the Bill of Rights did not address every foreseeable situation. One failure of the Bill of Rights was the first amendment of the original Bill of Rights. The amendment concerned the number of constituents for each Representative and was never ratified. It said that once the House has one hundred members, it should not go below one hundred, and once it reached two hundred, it should not go below two hundred (Mount 1). Another failure was The Anti-Title Amendment. This amendment said that any citizen who accepted or received any title of nobility from a foreign power, or who accepted without the consent of Congress any gift from a foreign power, by would no longer be a citizen (Mount 1). Basically, this said that if someone received or accepted something from a foreign power, that person would no longer be a citizen. The Anti-Title Amendment was submitted to the States in 1810 and was ratified by only twelve states, the last being in 1812 (Mount 1). Thirty-eight states are required to ratify to add an amendment. The Slavery Amendment was another failure of the Bill of Rights. This amendment was not ratified because the House did not want any amendment to be made to the Constitution which would authorize or give to Congress the power to abolish or interfere, within any state, with the domestic institutions thereof, including that of