The Bill of Rights - Coursework Example

The Bill of Rights Hickok (1991, Pg. 11) s that, “The constitution of the united s is the first instance in all history of the creation of a government possessing only limited powers”. This is because the constitution limits what a government can and can not do while governments that came before the American system of government had limitless powers over their citizens. Even the rights given to people in monarchical system were essentially rights given by the ruler and not rights which were considered to be given by default. The Bill of Rights is an essential part of the constitution which limits the powers of the government and actually gives a lot of protection to the people who are governed by the American government of the day. The impact of the Bill of Rights is alive and well today and while it may not be evident in our daily lives, it is still experienced by many around us. For example, even if the residents of a neighborhood demand that the police should search each house in the area for illegal weapons; the police can not do so. A small town may find that the newest bar in their downtown district is a topless bar and the city government will be unable to close it down. A teacher can not teach the children a religious song in kindergarten and abortion is made completely legal to any woman who wants it (Hickok, 1991). All these things, for better or for worse can find their roots in the Bill of Rights. Therefore, a deeper understanding of the document itself and the various rights become essential for any student of history, law, sociology and even economics. The Bill of Rights is the name given to the first ten amendments of the United States Constitution. These amendments were introduced by James Madison in 1789 and after their ratification by the member states of the union, they came into effect in 1791. Amongst the strongest supporters of the bill was Thomas Jefferson who was also one of the principle writers of the constitution. Of course, the bill itself is based on the writings and thoughts of many different authors of the age of enlightenment as well as other documents that outlined what the rights of the people should be but Jefferson and Madison can be considered the primary authors of the bill itself (Labunski, 2006). The amendments included in the bill are varied and distinct. Briefly, the Bill of Rights prohibits the American government from making any laws that support an established state religion, forbids the government to prevent people from keeping or bearing arms, and stops the federal government from depriving any person of liberty, property or life without the processes required by law. The Bill of Rights also guarantees public trials for accused individuals which are supposed to be conducted by an impartial jury (Labunski, 2006). Madison proposed the Bill of Rights and in some ways it can be considered a compromise on the constitution itself since many founding fathers who agree with the constitution still objected that it did not safeguard the basic rights for the people of America. The bill was entered into the constitution as a set of ten amendments while two minor articles in the original document that limited the right of congress to change the salaries of senators and congress members and one which defined the number of representatives based on population were not included. After all was said and done about the Bill of Rights, three fourths of the states ratified the document and it was entered into law in 1791 (Levy, 2001). The need for the Bill of Rights stems from the very root of the constitution itself, the initial government formed by the thirteen colonies had a very weak central government and the congress itself was the only functioning component of this system. The congress at that time had few powers and it had to rely on the states to enforce the word of the central government. The states themselves could often be uncooperative with the central government and the body of Congress could not generate any tax revenue for its expenses. Without the presence of an executive branch or judicial branch of the federal government, member states could easily ignore congress without being afraid of any repercussions. At times, congress could not even make push across small changes in the government because it did not complete a quorum (Levy, 2001). Once the constitution was formed the rights of the government were defined but the rights of the governed were more sharply defined with the Bill of Rights (Levy, 2001). In this manner, the Bill of Rights becomes a document that plays a pivotal role in terms of how American law is formed and how the American government conducts itself (Hickok, 1991). While the Bill of Rights often impedes the government from certain actions, it also remains a fundamental document that guarantees many of the freedoms in America and helps to form a culture of independence (Labunski, 2006). The first amendment guarantees that freedom of religion will be granted to everyone in America and this shows that the founding fathers were tolerant of each others religions and religious denominations. The state sponsored church in England prosecuted other schools of though therefore censorship was also limited by the government. In today’s time, this amendment successfully protects fringe religions and even gives communist parties in America the right to exist and the right to present their viewpoints without coming under threat from any corner (Levy, 2001). The second amendment has been the cause of much recent political debate since it gives the people the right to bear arms which were thought at that point to be very relevant since people needed to defend themselves against hostile natives as well as to get food from hunting. The founding fathers had just used militia to overthrow the British Empire and considered it to be one of the basic rights of Americans to own guns in order to protect themselves from an unjust government and to defend themselves if the need came for it (Labunski, 2006). The third amendment also shows how the founding fathers did not like the impositions made by the British since they allowed soldiers to become forced guests in the colonies. This meant that the government did not have to support the upkeep of the soldiers but the colonists did. The founding fathers did away with that and noted that even during a time of war if such measures were necessary they would only be carried out by law. In essence, this amendment limited how the army could act in peace and in war when it was on the American soil (Labunski, 2006). Further, the British government had often violated the person and the privacy of many colonists during and before the revolution since Americans were thrown in jails or their houses were searched by the English army without warrants. The fourth amendment gives the government the right to imprison as well as search private property but only after the correct process of the law has been followed. In today’s world, this amendment points towards and important function of the law and the legal authorities since permits from the courts have to be obtained before a search on private property can be made (Levy, 2001). Similarly, the Fifth Amendment also places severe restrictions on how the government can enforce the law on the people. For example, individuals must be informed before they are arrested and can not be taken to court for the same case twice. They do not have to testify against themselves and can not be punished without legal authorization (Levy, 2001). This amendment again shows how the American founding fathers were afraid of a tyrannical government such as the one exemplified by the British ruler’s behavior with the citizens in the colonies (Labunski, 2006). The sixth amendment also deals with how laws are to be made which ensure a speedy public trial and how the accused has a right to confront the witnesses against him/her. The British government could secretly place people under arrest and then conduct a trial in private without letting the accused offer a fair defense. This behavior was detested by the founding fathers and thus they wanted to make sure that their own government could not do the same. The seventh amendment also further defines how the judicial system is to work since matters exceeding twenty dollars could be tried by a jury (Levy, 2001). The Eighth amendment also discusses the rights of the accused where excessive bail should not be set nor should the criminal be forced to pay excessive fines or suffer any cruel punishments. In essence, the founding fathers seemed to be afraid of any government that had excessive powers and wanted to limit the ability of the government as much as they could under the dictates of laws. The ninth amendment further opens the door for the rights of the people since any other rights which are retained by the people are explicitly given to them even if they are not listed in the Bill of Rights. The tenth amendment does the same for the rights of the member states (Labunski, 2006). While most of the Bill of Rights remains as applicable today as it was when it was first created, one amendment in particular has been of particular concern to lawmakers. The second amendment which discusses the right to bear arms has come into question by many individuals but as discussed by Gavrilovic (2008), even the greatest supporters of greater gun control i.e. the Democratic Party have balked at the idea of altering the constitutional right to bear arms. This right was also upheld by the Supreme Court in District of Columbia v. Heller in 2008. These things show that the Bill of Rights is still very relevant today even though laws have been made which grant governments additional powers in certain circumstances that circumvent and even negate the Bill of Rights. However, for the most part, It is reasonable to believe that these laws offer protection to the people from a government that could seemingly be overpowering them in an age where computers and technology define what privacy can be given to an individual and what controls can be placed on the people. Works Cited Gavrilovic, M. 2008, ‘Obama: “We’re Not Going To Mess With” Americans’ Guns’, [Online] Available at: http://www.cbsnews.com/blogs/2008/09/05/politics/fromtheroad/entry4419917.shtml Hickok, E. 1991, The Bill of Rights: Original Meaning and Current Understanding, University of Virginia Press. Labunski, R. 2006, James Madison and the Struggle for the Bill of Rights, Oxford University Press Levy, L. 2001, Origins of the Bill of Rights, Yale University Press. Read More