The Bill of Rights and the Declaration of Independence - Essay Example

Bill of Rights There were lots of arguments against the Bill of Right mostly in 18th century. Arch- Federalist Alexander Hamilton led the struggle for a ratified U.S constitution. Further, Alexander Hamilton was leading opponent to the adoption of the Bill of Rights. He had in his arguments both general, and specifics against trying to devise a document that was broad enough to list the rights of everyone, thus the government could violate any rights that were not listed. According to Hamilton, there was no need to have the bill of rights, because; first, the government had no interest and was too far from individuals (Padula, 52). Furthermore, he says that their nation was sufficiently diverse and the federal government was complicated enough to protect individual rights. The government was too remote from people to be able to bother trampling on their rights. Second, the Constitution as written was already sufficient. The constitution body already protected a number of specific rights, for example; rules against ex post facto laws and bills of attainder, trial by jury in states where a crime is committed, among others. Hamilton viewed a bill of Rights as an unnecessary add-on to a document that was intended to run a Government, not harass its citizens. Third, those who violated the people’s rights could be thrown out of office. It made it unnecessary to adopt the bill of rights in a nation where people have the right to remove officials from office. A public official who oppressed his constituents did so at the danger of his office. Fourth, the Constitution gives the congress specific powers. There is absolutely no need to list the rights Congress cannot violate, because; Congress does not have the power in the first place. Lastly, the more rights, that are listed the more dangerous, and ineffective the Bill of Rights may become. Governments always abuse rights that are not listed, because the right may not be on the list. In 1789, Virginian James Madison presented twelve amendments to Congress. His intention was to respond to the antifederalists criticisms. However, the states ratified all, but two of them; one, to authorize the expansion of the House of Representatives and another to keep members of the House from raising their own salaries until after an election had taken place. The ten remaining amendments, known as the Bill of Rights, were signed in 1791.Moreover; they set determinants on the national government right, to control particular civil rights and liberties, many of which were already protected, by a number of the state constitutions. Liberties protected included; press freedom of speech, religion, and assembly (First Amendment). The Bill of Rights also provided safeguards for those accused of crimes. Two amendments, the right to bear arms and the rights to show unwillingness to have soldiers quartered in your home, were evidently reactions to British rule. The addition of the Tenth Amendment, which declared all powers not expressly granted to Congress were reserved to the states, pleased the antifederalist. In conclusion, this bill of rights put individual interest very close and ensured all persons are protected. Consequently, The Bill of Rights over the years has become core significant of American values. The compromise that created the Bill of Rights also defined what Americans would come to cherish the bills. Together with the Declaration of Independence and the Constitution, the Bill of Rights helps to define the American political system and the governments relationship to its citizens (Jennings, 144). Just as, Hamilton argued, it was not very necessary to have the Bill of Rights ratified as the U.S constitution as it was, was sufficient enough to handle the issues of the citizens. Separation of power concept in article I, II and III Although, virtually all constitutional issues, and all court decisions on those issues are complicated and detailed, the U.S constitution itself is a simple and short document. Contained within it is the entire structure of the federal powers, the powers of the state and right of all citizens. The doctrine of separation of powers, as implemented, was based on various principles generally supported: the separation of government into three branches, executive, legislative and judicial. This is said to have been modeled on Montesquieu’s study, of the British government. The first article establishes the legislative branch. It provides for the establishment of bicameral Congress composed of the senate and house Representatives. This article enumerates various powers of the respective houses, Congress, together with their methods of election. The seventeenth Amendment, which was passed in 1916, instituted the direct popular election of Senators and removed the power of their election from the state legislatures as had originally been provided. Section 4 of this article, gives the state power, over the conduct of federal election, but also permits alteration on regulations by Congress at anytime. The legislative as a body Congress has certain inherent powers (Jennings, 142).These includes; power to investigate pursuant to legislative needs. Through these congressional investigations many great court decisions concerning the right of a witness before a congressional committee. Section 8 lists the enumerated powers of the Congress. The clause in this section is known as the commerce clause. This clause grants the Congress the right to “regulate commerce with foreign nations, and among the several States” has in the 20th cent, been used as a strong argument for the expansion of government power. This clause is a source of important peacetime powers of the national government and an important basis for the judicial review of state actions. A side from its enumerated and inherent powers, the Congress has implied powers under Article 1 “to make all laws which shall be necessary and proper for carrying into execution” the enumerated powers (Jennings, 143). The second article creates the executive branch of the federal government. It is headed by the President, elected, along with the Vice president, for a four year term. It was provided that no person can be elected president more than in the twenty second Amendments (1951). The twenty third Amendment (1961) allows District of Columbia residents to vote in presidential elections. However, there have been two conflicting views since the adoption of the constitution. First, the president’s powers are limited to those enumerated in the view. Consequently, the opposite view the president is given executive power, not limited by the provisions of the rest of the article. The third article, establishes the judicial branch of the federal government. This article provides for a judiciary and defines treason. Aside from its enumerated powers the judiciary has the inherent authority to interpret laws and the constitution with an authority that must be deferred to. This article also guarantees trial by jury in criminal cases and lays the basis for federal jurisdiction (Jennings, 143). The Eleventh Amendment (1798), which prohibits suits against any state by citizens of another state or foreigners, was passed in reaction to the Supreme Courts accepting jurisdiction of a suit against a state by a citizen of another state. Finally, the conception was that each branch does identifiable and unique that are suitable to each; and the limitation of the personnel of each branch to those branches. Thus, no one person or group should be capable to serve in more than one branch at the same time. References Jennings, Marianne Moody. Business: its legal, ethical, and global environment. 4th ed. Cincinnati (OH): South-Western College Pub. 2010. Print. Padula, Guy. Madison vs. Marshall: Popular Sovereignty, Natural Law and the United States. Boston: Lexington Books, 2002. Print. Read More