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The bill of rights and its effects on united states contemporary laws
Studying the bill of rights
Studying the bill of rights
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Bill or rights Page 2 For many years the congress have been around,During the Revolutionary the Declaration of Independence and Articles of Confederation gave birth to a republic founded on liberty, rights, and limited government, but these charters did not establish a government that could successfully address the growing pains of the new nation. The ratification of the Constitution in 1788 was a difficult nine-month contest fought in the thirteen individual states. The Constitution was ratified, but some reservations surfaced about its content. A critical minority, referred to as Anti-Federalists, insisted upon the addition of a bill of rights that would protect the rights of individual citizens, and demanded a new look at some of the …show more content…
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. The English and American Bill of Rights are similar and different in many ways, their main fall off from one another is their background and main intentions that were used in these documents. The English Bill of Rights like the American had certain rules or laws that were used The American Bill of Rights mainly focused on the people of the United States explaining and showing to them their rights as an American …show more content…
After further debate and additional votes Congress passed 12 amendments that were sent to the states for approval. But Ten of the amendments were ratified by the required three-fourths of the states and became part of the Constitution in 1791.They say that the two amendments that were passed by both the House and the Senate, but not ratified by the states both deal with Congress
The bill of Rights restricts, guarantes and establishes. It restricts unauthorised taxing without the Parliments approvial, gaurantees that the people will have rights and liberties and establishes england as a monarchy. Both events are crutial to the devolopment of democray. During the Age of reason European thinkers were confident humans could help make a better world, this was from mid-1600s to late 1700s. Also in this time period theres a time known as the scientific revolution. For example there was a man named Galileo in Italy and he corroborated the findings an astronomer named copernicus found by usings a telescope . another example is of a man named Issac Newton and he descovered the laws of planetary motion, invented calculus and explained gravity. Some of a few enlightnment thinkers are John Locke, Baron de Montesquieu and Jean-Jacques Rousseau. John Locke believed in natural law and this is something that is timeless and was here before any king had power. natural law is discovered by using reason for example theft and murder is naturally wrong and people know this and thats why its called natural
The Americans after obtaining independence from England needed to establish a form of government. Before the war had ended, the Second Congress of the Confederation called for the drafting of a new government in order to govern this new country, which the Articles of Confederation established. The Articles of Confederation built a government solely based off republican ideals, such as civic virtue, the idea that the states and the people will make sacrifices to the common good in order to benefit everybody. Relying on civic virtue did not pull through as successful for the young country. The Articles of Confederation shone through as successful in organizing and establishing states in the Old Northwest, spreading republican ideals; however, the success of the Articles of Confederation was trumped by its failures. The Articles of Confederation failed to provide a new and young United States with an effective government in its inability to collect tax revenue to pay debts, controlling the mobocratic uprising of upset factions, and dealing with foreign policies; additionally, the failure of the Articles of Confederation revealed the inefficiency and failure of republicanism.
The year of 1776 was a time of revolution, independence, and patriotism. American colonists had severed their umbilical cord to the Mother Country and declared themselves “Free and Independent States”.1 The chains of monarchy had been thrown off and a new government was formed. Shying away from a totalitarian government, the Second Continental Congress drafted a document called the Articles of Confederation which established a loose union of the states. It was an attempt at self-government that ended in failure. The Articles of Confederation had many defects which included a weak central government that lacked the power to tax, regulate trade, required equal representation and a unanimous vote to amend the Articles, and had only a legislative branch. As a result the United States lacked respect from foreign countries. These flaws were so severe that a new government had to be drafted and as a result the Constitution was born. This document remedied the weak points of the federal government and created one that was strong and fair, yet still governed by the people.
When the new Constitution was drafted, the ratification, the official approval by the people of the United States, sparked a national debate. People were shocked by the radical changes it proposed; they expected the convention to merely amend the Articles of Confederation. They were afraid of regressing back into a state under tyranny, a form of rule where a single or small group reigns with vast or absolute power. Americans had just fought for their freedom from the tyrannical rule of the king of England. All their efforts and revolutionary ideas would have gone to waste.
The Anti-Federalist Party, led by Patrick Henry, objected to the constitution. They objected to it for a few basic reasons. Mostly the Anti-Federalists thought that the Constitution created too strong a central government. They felt that the Constitution did not create a Federal government, but a single national government. They were afraid that the power of the states would be lost and that the people would lose their individual rights because a few individuals would take over. They proposed a “Bill of Rights”, to make sure the citizens were protected by the law. They believed that no Bill of Rights would be equal to no check on our government for the people.
Being very different from the Articles of Confederation, the Constitution gave the foundation for the legislature and kept each branch in check, assuring none would become too powerful. With the large and small states finally in agreement, ratifying the constitution was the next step. September of 1787 the final draft, containing around 4,200 words, was created by the Committee of Style. George Washington was the first to sign the document on September 17th. Although 39 of the original 55 signed the document, the delegates of Massachusetts were unwilling to approve the document. Nine of the thirteen states had to ratify the document in order for it to become law. To help gain popularity for the Constitution, James Madison, Alexander Hamilton, and John Jay made essays. There were 85 total essays and they were distributed in newspapers across the states. Those who supported the document were referred to as Federalist and those who did not support the document were known as Anti-Federalist. The first states to ratify the Constitution were Delaware, New Jersey, Pennsylvania, Georgia, and Connecticut. Massachusetts still strongly opposed the document, saying that freedom of speech, religion, and press were lacking protection. An agreement was made in February 1788 that the document would be amended to include what was lacking upon ratification. With hesitation,
Anti –federalist believed that with out the bill of rights, the national government would became a to strong it would threating the americans peoples rights and libertys. Due to prior american revolution, ant-federalist did not forget what they fought for an believed that with a stronger national government, the president could become kind if he wanted. During this time people still feared a strong central government, due to british occupany of the states. Concidently the of people who wanted the bill of rights and were anti-federalist were famers and the working class, as to the fedarlist were extremely rich and powerful people Thomas Jeferson who was a active anti-federalist once wrote to james Madison 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 inferences. (Thomas Jefferson to James Madison, 1787. ME 6:388, Papers
Some historical circumstances surrounding the issue of the ratification of the Constitution was weakness of the new government under the Articles of Confederation which led to the Constitutional Convention. Members of Congress believed that the Articles of Confederation, the first government of the United States, needed to be altered while others did not want change. This desired Constitution created a huge dispute and argument between the Federalists and the Anti-Federalists. The people who supported the new Constitution, the Federalists, began to publish articles supporting ratification. As stated in document 2 John Jay (Federalist) had many arguments to support ratification of the Constitution. One argument John Jay used was, with the ratification of the Constitution, he says, “…Our people free, contented and united…” The Antifederalists had numerous arguments they used to oppose the ratification of the Constitution. The Antifederalists believed that a free republic wouldn’t be able to long exist over a country of the great extent of these states.
While the Federalists believe in a strong, central government, the Anti-Federalists believe in the shared power of state and national governments to maintain the rights of all Americans .The Anti-Federalist favored a confederated government were the state and national governments could share power ,protect citizen’s freedom ,and independence. The Anti-Federalists found many problems in the Constitution. Many were concerned the central government take was all individual rights. Anti-Federalist primarily consisted of farmers and tradesmen and was less likely to be a part of the wealthy elite than were members of their rival the Federalist. Many Anti-federalists were local politicians who feared losing power should the Constitution be ratified and argued that senators that served for too long and represented excessively large territories would cause senators to forget what their responsibilities were for that state. They argued that the Constitution would give the country an entirely new and unknown form of government and saw no reason in throwing out the current government. Instead, they believed that the Federalists had over-stated the current problems of the country and wanted improved characterization of power allowable to the states. They also maintained that the Framers of the Constitution had met as a discriminatory group under an order of secrecy and had violated the stipulations of the Articles of Confederation in the hopes for the for ratification of the Constitution. The Anti-Federalist were sure that the Constitution would take away the rights of the American citizens and fought hard to stop the ratification on the
The English Bill of Rights (1689) and the French Declaration of the Rights of Man (1789) are roughly around the same period, in that it is possible to think the both documents share similar ideologies. To the thought’s dismay, it is not. Even if both documents start from the same question of taxation, the outputs vary enormously in that each has different aims: the English Bill of Rights (shortened as the English Bill from now on) only changes the crown and the French Declaration of the Rights of Man (shortened as the French Declaration) changes the whole society. However, they are similar in that both strived for the representation of the masses.
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.
The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The Antifederalists were extremely concerned that the national government would trample their rights. Rhode Island and North Carolina refused to ratify until the framers added the Bill of Rights. These first ten amendments outlined things that the government could not do to its people. They are as such:
The Declaration of Independence listed the grievances such as, “He has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their substance.” The next important step to the foundation of a new government was to gain peoples ambition by showing how the government would be run if a new party took over. This goal was achieved by stating the rights of man. “We hold these truths to be self evident: That all men are created equal; that they are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.” This statement made people hopeful and feel kindly toward this new government.
Bill of rights in the US constitution is a compromise of the constitutions advocator’s back in the revolution time. It is not exactly what the constitution’s critics had sked for initially, but it turned out to be their lasting gift to America.(Woody
The Bill of Rights is the first ten amendments in the constitution. Both the Senate and the House of Representatives use the Bill of Rights as a benchmark for all laws. It has to do with freedom of religion, speech, assembly, and press. It also secures the right to carry a gun, protection against housing soldiers in civilian homes, and more. The Bill of Rights protects various aspects of a free life. Americans live under the protection of the Bill of Rights on a daily basis. Without it, everyone in the U.S. would live restricted lives; no one would be able to petition the government, have a speedy trials, or even be informed of charges. There would also be unreasonable