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The Historical Roots Of The American Bill Of Rights

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The historical roots of the American Bill of Rights come from two concepts: liberty and republicanism. Both liberty and republicanism are intertwined. At their roots, they are regularized constructs designed to achieve a common objection: a check upon unbridled and arbitrary government power. Arbitrary arrests and imprisonment were feared by the eighteenth century Englishmen as the antithesis of liberty. (Garcia pg. 1) Two specific protections were perceived as vital to the right to an indictment and a jury trial. If liberty defined the essence of the English constitutional order, republicanism both subsumed it and was its constitutional American parallel. The colonists borrowed the concept from the English Common wealth men who employed it to stress the antinomy between liberty and authority. The classic liberal republican models were reflected in America by the opposing Federalist and Jeffersonian camps. Ultimately, the libertarian model dominated the debate over whether a bill of rights, especially safeguards against arbitrary power in the criminal process, were part and parcel of both state constitutions and the federal Bill of Rights. (Garcia pg. 2) John Adams described in graphic terms the utter susceptibility of the “people” to the the sheer arbitrary power of the crown. More important, he emphasized how individuals were defenseless against the power of the state. He noted that the liberty and security of the people ultimately rested upon the legislative and judicial

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