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
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 The Framers of the Constitution, using this historical document as well as a myriad of others as a basis, added a Bill of Rights to the end of the Constitution in 1789.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.
The United States Constitution was ratified and made law September 17, 1789. For Americas yet-to-be history the Framers knew the Constitution had to have a way to grow and change with the people, and their needs. This paper will cover the amendment process, the need for the Bill of Rights, how the Bill of Rights has affected America, what the Bill of Rights have granted American’s, discuss the later amendments, and what effect the later amendments have had.
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.
Even in the early stages of American history there was an urge to put legally protected freedoms into written government documents. The result was the drafting of the first ten amendments to the Constitution, the Bill of Rights, by James Madison. The applications of the personal freedoms described in the Bill of Rights, particularly the freedom of speech, have been challenged repeatedly in American courts of law and elsewhere. These incidents and challenges of authority reflect the defensive American attitude toward the ever-important freedom of expression and the growing significance of personal rights throughout American history.
In 1791, the Bill of Rights was added to the Constitution to guarantee a limited government and protect the rights of the American people from the federal government. The 14th amendment was added later in 1868 in order to ensure due process for all and equal protection under the law. Many people have debated the effectiveness of these documents and called into question whether the freedoms of Americans are being protected. However, they have remained throughout the years as a steadfast guide for the basic freedoms we as Americans hold. The Bill of Rights and 14th amendment are effective because they have created a framework for court cases that have further refined and protected our freedoms, inspired action by the president and Congress to
Dawning like the sun on a new day, the United Sates of America has risen to become the most powerful nation on Earth. The United States of today is a land of freedom and inspiration, and a place where dreams have a real possibility of coming true. Though the United States may be very strong today, it wasn’t always like this. In the years leading up to the formation of the United States, many of what are considered “natural rights” were not established, and the nation was in chaos trying to fight for these rights from the overruling British empire led by King George III. Several things led to the formation and firm establishment of the United States, the three most prominent being the imposition of taxation acts, acts of rebellion
The Declaration of Independence states “A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” to explain that a ruler, such as a tyrant, that would not bring what is morally right or fair to the people, does not grant justice to those living in that country. This helps us understand that part of the reason why The Declaration of Independence was created was to dispose of this cruel rule in America. The effort the founding fathers went through to make sure there was justice for the people represents as an example to how justice for all defines what it means to be an American. Moreover, it is stated in The Federalist Papers that “The vigor of government is essential to the security of liberty; that, in the contemplation of a sound and well-informed judgment, their interest can never be separated;” to show how a strong government is important to securing the nation's liberty. Having a certain security on the nation’s liberty shows how important it was for the federalist to make sure justice was brought to the nation. According to the Bill of Rights, “rights that are unmentioned in The Bill of Rights are retained by the people, which gives people the freedom that is necessary” to show that the government won’t take away any unnecessary freedoms, thereby giving the people justice as a country (Hilp). According to The Federalist Papers, The Bill of
This Bill of Rights safeguarded fundamental personal rights such as freedom of speech and religion, and the right to trial by jury. Although they adressed the proper balance between the authority o fnational and state governments, that question was constantly contested until the Civil War. This is a continuity from before Washington’s election, since the issue of national authority was present in the weritings of both the Articles of Confederation and the
From an article written by Samuel Adams and signed “Candidus” that was addressed to Messieurs Edes and Gill, about the importance of a successful opposition to the “petty tyrants of the country” by organizing regular assemblies of people.
The founders recognized the importance of these laws in the making of a free and just society and preventing the tyranny of government. The founders purposely amended these protections into the Bill of Rights and stripping these rights away from American citizens is not only unjust, it is unconstitutional. As a detriment to all American citizens, Lindh’s rights, fought so hard for by the framers of the Constitution, were assaulted in many ways.
In his book titled The Bill of Rights: Creation and Reconstruction, Akhil Amar tries to offer the interpretation of the Bill Rights by evoking the world of framers of the constitution and that of the people who amended the constitution. According to Amar, there are numerous differences about the original bill of rights as they were originally framed and those that are contained in the Fourteenth Amendment of 1868. Amar tries to construct a theory of Bill of Rights that is comprehensive by focusing on the implications that are drawn from constitutional text as well as its structure. Amar points out, “The main goal of the Federalists was to forge set of the federally enforceable rights which were against the abusive state governments and this resulted to Fourteenth Amendment” (4). The book tries to explain the first 10 amendments by interpreting them and offering the new insights. This essay focuses on discussing the differences between the Founding Fathers Bill of Rights and the Reconstruction Amendments as it argued by Amar.
The US Bill of Rights, written to limit government power in response to the tyranny of England on the colonies, gave birth to the first 10 amendments to the Constitution. The fourth amendment, contained within the Bill of Rights, will be the principle subject in this research paper. Swanson, Chamelin, Territo and Taylor (2012), noted the Constitution’s fourth amendment stated the following:
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
It is no surprise that the Declaration of the Rights of Man and of the Citizen and the American Bill of rights share many similarities. The Bill of Rights restated many ideas from the Virginia Declaration of Rights, crafted by George Mason. The Declaration of the Rights of Man was also influenced by Mason’s ideas during the framing of the document. Both pieces were heavily influenced by John Locke’s philosophies of every man’s right to life, liberty and the pursuit of happiness. The similarities between the documents show their close connection in idea and