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Study notes, bill of rights
Studying the bill of rights
Studying the bill of rights
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The Bill of Rights, or the first ten amendments to the United States Constitution, was created by James Madison on the twenty-fifth of September in 1789. It was ratified two years later on December 15th, and it essentially guarantees the freedoms and rights of the citizens of the United States. It also places explicit boundaries in cases involving governmental function and provides definitive limitations to Congress’ power, stressing that any power not mandated to the Congress by the Constitution be reserved for the states or the people. The U.S. Bill of Rights initially applied explicitly to the Federal government and not the state governments. Before 1925, the bill did not pertain to states or other entities of government because of the case Barron v. Baltimore (1833), which had the Supreme Court decide that the Constitution’s Bill of Rights only applied to the federal government and that states were free to enforce statutes that restricted rights itemized in the Bill. On June 8th of 1925 however, the Supreme Court made a decision in a landmark case reversing the 1833 ruling: the case of Gitlow v. New York was an early major First Amendment case that was brought before the Supreme Court. It involved the Court relying on the Fourteenth Amendment’s “due process clause,” …show more content…
Selective incorporation is the incremental incorporation of a few rights listed in the Bill of Rights at a time, and there were some in the justice department who were for this ever-so-slight, gradual incorporation. Around 1908, there was a very minor opinion-clash involving Justice Frankfurter, who was of the opinion that the incorporation process should be incremental, Justice Moody, who was of the same opinion, and Justice Hugo Black, who believed that total incorporation of rights should apply to both the federal government and all
After the Revolution, the country was left in an economic crisis and struggling for a cohesive path moving forward. The remaining financial obligations left some Founding Fathers searching for ways to create a stronger more centralized government to address concerns on a national level. The thought was that with a more centralized, concentrated governing body, the more efficient tensions and fiscal responsibilities could be addressed. With a central government manning these responsibilities, instead of the individual colonies, they would obtain consistent governing policies. However, as with many things in life, it was a difficult path with a lot of conflicting ideas and opponents. Much of the population was divided choosing either the
...be added. They felt that if the rights of the people were not listed they would be infringed.Page 66R An example of a right they thought would be infringed upon was stated in Document 5 by Mercy Otis Warren, “There is no security in the system [under the proposed new U.S Constitution] either for the rights of [people with different ideas] or the liberty of the press”. This fear was directly addressed in the first amendment in which the freedom of religion, speech, press, assembly and petition are protected.Page 46R All these freedoms are used to express one’s self and express different ideas which means the first amendment prevents the government from suppressing ideas they do not agree with. The bill of right protects many basic rights and includes the 9th amendment in which it is stated that rights not listed in the Constitution are still retained by the people.
Now the question is how has it affected our present day lives. Over time, the fourteenth amendment has been used to cover almost all of the Bill of Rights. These rights are the standard for all US citizens and are protected by the Federal government. Selective Incorporation is thought to cover the first through eighth amendments, with the ninth and tenth being exclusively guaranteed by the Federal government. A present day example of this debate is that of the 2nd amendment. The right to bear arms is a critical issue when thinking of Selective incorporation.
The Charter of Rights and Freedoms is the strong foundation for the diverse country of Canada. They uphold various beliefs and values Canadians may have. Under the constitution in 1982, the CRF (Charter of Rights and Freedoms) was entrenched by then Prime Minister Trudeau. The CRF has 4 rights; Equality, legal, democratic and mobility, there is also 4 freedoms; of Conscience and Religion, of thought, belief, expression and media, of peaceful assembly, and Association. If people feel that their right and/or freedom has been violated, they can go to court by using a “Charter Challenge. ” A charter challenge is when something inequitable or unfair has been done, the citizen can pursue the court case stating that something violated their rights and/or freedoms. All the rights and freedoms help
This amendment was created during the reconstruction phase attempting to reunite this country after the brutal battles of the Civil War. Henretta and Brody emphasize how the Republicans were progressing in a direction to sanctify the civil rights of the black community. These authors contend the vital organ of the document was the wording in the first section. It said “all persons born or naturalized in the United States were citizens.” No state could abridge “the privileges or immunities of citizens of the United States”; deprive “any person of life, liberty, or property, without due process of law”; or deny anyone “the equal protection of the laws.”2 Imagine the problems that could arise in the country if repeal were to come to a realization. Henretta and Brody point out how the wording in section 1 of the document was written in a way that could be construed as inexplicit. The reason for this was for the judicial system and Congress could set an example for balance in due process here in the
Pros and Cons of the Equal Rights Amendment. The Equal Rights Amendment began its earliest discussions in 1920. These discussions took place immediately after two-thirds of the states approved women's suffrage. The nineteenth century was intertwined with several feminist movements such as abortion, temperance, birth control and equality.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
The Bill of Rights was created as a listing of the rights granted to citizens, the Bill of Rights serves to protect the people from a powerful government. These civil rights granted to U.S. Citizens are included in the first 10 amendments to the U.S. Constitution. Additionally, Locke’s ideas about checks and balances and the division of church and state were later embodied in the U.S. Constitution as well. The Constitution replaced a more weakly organized system of government as outlined under the Articles of Confederation. John Locke was an English philosopher who lived during 1632-1704.
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
Our bill of rights all began when James Madison, the primary author of the constitution, proposed 20 amendments for the bill of rights and not the ten we know of today. Madison sent these twenty proposed rights through the house and the senate and was left with twelve bill of rights. Madison himself took some out. These amendments were then sent to the states to be ratified. Virginia was the tenth state out of the fourteenth states to approve 10 out of 12 amendments. This two-third majority was necessary to make the bill of rights legal. On December 15, 1791 the bill of rights were finally ratified.
When the Second Constitutional Convention wrote the Constitution in 1787, there was a controversy between the federalists and the anti-federalists surrounding whether or not to have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. “inalienable rights.” A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are the First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment.
The Bill of Rights derives from the Magna Carta, the English Bill of Rights, the colonial struggle against king and Parliament, and a gradually broadening concept of equality among the American people. The bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse. The absence of a "bill of rights" turned out to be an obstacle to the Constitution's ratification by the states. It would take four more years of intense debate before the new government's form would be resolved. The Federalists opposed including a bill of rights on the ground that it was unnecessary. In the end, popular sentiment was decisive. Recently freed from the despotic English monarchy, the American people wanted strong guarantees that the new government would not trample upon their newly won freedoms of speech, press and religion, nor upon their right to be free from warrant less searches and seizures. So, the Constitution's framers heeded Thomas Jefferson who argued: "A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference." The American Bill of Rights, inspired by Jefferson and drafted by James Madison, was adopted, and in 1791 the Constitution's first ten amendments became the law of the land. Early American mistrust of government power came from the colonial experience itself. Most historians believe that the pivotal event was the Stamp Act, passed by the English Parliament in 1765. Taxes were imposed on every legal and business document.
The Bill of Rights are the first ten Amendments to the Constitution. The Bill of Rights works to provide constitutional protection for the individual and to limit government power. The First Amendment and the Sixth Amendment protects the individual by allowing religious and political freedom, and by promising a public and speedy trial. The Fourth Amendment protects the individual’s privacy and limits the reach of the government into people’s homes and personal belongings. The three essential Amendments from the Bill of Rights are: the First Amendment- Religious and Political freedom: the Fourth Amendment- Search and Seizure: and the Sixth Amendment-Criminal Court Procedures.
Throughout American history, our civil liberties as American citizens have evolved immensely. For example, the first ten amendments in the U.S. Constitution are referred to as the “The Bill of Rights,” which contains some of the most cherished civil liberties, such as freedom of speech and religion. These civil liberties however, did not originally apply to state governments or institutions the state established. The Bill of Rights focused solely on what the national government could not do, allowing state governments to do whatever they wanted. For example, Massachusetts, Connecticut, and New Hampshire supported Congregationalist ministers with tax payer dollars for decades. After the Civil War, civil liberties expanded, because three new amendments were added: the Thirteenth, abolishing slavery, the Fourteenth, which redefined civil liberties and rights, and the Fifteenth, which allowed adult, male citizens to vote. The due process clause (contained in the Fourteenth Amendment) became one of the most important civil liberties, because it applied the language of the Fifth Amendment to state governments, proclaiming that they could not “deprive any person of life, liberty, or property, without due process of law....
The Bill of Rights was crafted in 1791 by James Madison. It was put in place to protect the rights of all people within the borders of the United States when it is applied by the government. It is a very important document that means a lot in the hearts of Americans.