. The debate over the inclusion of the Bill of Rights to the Constitution was between Federalists, whom wanted more control in national government rather than state government, and Antifederalists, whom favored more State control rather than government control. Antifederalists wanted small state government power, and wanted protection against tyranny. They proposed the Bill of Rights, of which we see today, to protect individual rights. Along with the bill of rights though we have the clauses, which essentially say the Supreme Court is the law of the land, and in Mculloch vs. Maryland, the constitution and its interpretation prevailed, letting the national bank be created, and it could not be taxed, essentially ignoring the tenth amendment of the protecting the states. 2. The “Switch in Time that Saved Nine” was important in West Coast Hotel Co. V. Parrish in that the switch of Justice Owen Roberts from conservative to liberal in the decision on minimum wage in Washington, and was a reaction to Roosevelt’s Court Packing proposal to congress, and kept the justices at nine. 3. Three explanations for elite polarization are Economic Inequality, Nationalization, and Media Environment. The strengths of the economic inequality argument are that parties’ identification has come to correlate with their economic status, and because of this, elites are using their knowledge of this to tailor their views in a way that will help them win the election, making them more polar due to
During the next few years the Bill of Rights began to be accepted by the
What could be more important than the equality of rights for all American citizens? Women have tried without success for 80 years to be acknowledged as equals in our Constitution through an Equal Rights Amendment (ERA). Currently there is nothing in the United States Constitution that guarantees a woman the same rights as a man. The only equality women have with men is the right to vote. In order to protect women’s rights on the same level as men, I am in favor of an Equal Rights Amendment to the U.S. Constitution today.
What is the age that a person should be able to claim rights under the first amendment? The first thing would come to most people's mind is eighteen. However, upon examination, someone could easily justify that a sixteen year old who is in his or her second year of college would have the ability to form an opinion and should be allowed to express it. What makes this student different from another student who, at sixteen, drops out of school and gets a job, or a student who decides to wear a shirt that says "PRO-CHOICE" on it? While these students differ in many aspects such as education level, their opinion can equally be silenced under the first amendment. One of the most blatant abuses of the first amendment right to free speech is
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.
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 to assemble peacefully, and to petition the Government for e redress of grievances.
The bill of rights is a popular document that was not originally in the US constitution, but anti federalists wanted a bill of rights really bad because supposedly they were afraid of a strong central government. They did not want another king so some states refused the constitution until there was a bill of rights. Along with being afraid of a central government they wanted a limited government so that government could not control them. The anti federalists also thought the government would not protect their individual rights enough so they wanted a bill of rights.
The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration, which is something not many other nationalities have the fortune of saying. The Founding Fathers were the framers of the Constitution of the U.S., and the responsible for the
The Constitution did not include the Bill of Rights, the Anti- Federalists believed that this was yet another example of there being no limit on the centralized government’s power, and there was no protection for the
The First Amendment one that is watered down, serves as example of the freedom we as Americans have. It is best known as the amendment that lets us say what we want when we want. There is more to it that gets overlooked. It blocks government from establishing a theocracy, grants the people the right to peacefully assemble and protest the government for a redress of grievances. Our press is independent and is given freedom to publish at will. Our freedoms embolden us to speak out and organize for progress and against society's wrongs. Sometimes groups will organize to speak out but will sink to extreme measures as a means of expression. The first amendment has seen challenges in recent months. “Donald Trump referred to the press, and I'm quoting his exact words, as "dishonest, disgusting, and scum."Just ten days ago, you might have heard in a press conference, President Donald Trump said that the "press is out of control."(Chemerinsky, 553). To clashes between different ideologies on college campuses with some initiating riots. The first amendment grants many freedoms, however it does not grant protection from consequence.
The 1st Amendment forbids Congress from enacting laws that would regulate speech or press before publication or punish after publication. At various times many states passed laws in contradiction to the freedoms guaranteed in the 1st Amendment. However broadcast has always been considered a special exemption to free speech laws for two reasons. 1) the most important reasons is the scarcity of spectrum and the 2) is the persuasiveness of the medium. Because radio and TV come into the house, and may be heard or seen by unsupervised children, the government feels a special responsibility to protect the American people. As Herbert Hoover said to, "doublegaurd them."
After the Revolution, the States adopted their own constitutions, many of which contained a Bill of Rights. The Americans still faced the challenge of creating a central government for their new nation. In 1777 the Continental Congress adopted the Articles of Confederation, which were ratified in 1781. Under the Articles, the states retained their “sovereignty, freedom and independence,” while the national government was kept weak and inferior. Over the next few years it became evident that the system of government that had been chosen was not strong enough to completely settle and defend the frontier, regulating trade, currency and commerce, and organizing thirteen states into one union.
The First Amendment, (the entire Bill of Rights) was not included in the Constitution when it was written 1787. Those supporting the Constitution argued that many state constitutions already protected individual rights and that the failure to list the rights did not mean that they did not exist as natural rights, beyond government authority. Viewing the consequences that could happen and conflict it may stir many officials decided that it was fair to truly go over the matter and sort out all of main focuses of the First
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.
Political polarization can be analyzed by two approaches i.e. elite polarization and mass polarization (Fiorina & Abrams 2008). In its simplest form, what influence politics and what influences the public. Both types can take place over time
The Bill of Rights extends to all citizens and will not discriminate based on the changes of the world. The First Amendment is no exception. If one type of speech is put under scrutiny and mandated, so can the other. Regardless, if a message is offensive or not should not determine if our rights, as a whole, should be taken away. For these reasons, they should be allowed to speak their views.