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Bill of rights vs french declaration
The similarities between the declaration of independence and the declaration of the rights of man
How is the french declaration of the rights of man and citizen different from the us bill of rights
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In this essay, I will compare the United States’ Declaration of Independence and Bill of Rights to France’s Declaration of the Rights of Man and Citizen. In order to derive these similarities as well as differences that both the Declaration of Independence and the Bill of Rights have with the French, Declaration of the Rights of Man and Citizen I will juxtapose each of the United States documents with that of the single French document.
The French Declaration of the Rights of Man and Citizen ratified in August 1789 contains rather distinct similarities with the United States Declaration of Independence ratified on July 4, 1776. Each document contains an assertion of equality among men. Although these two documents appear to follow the same
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One such difference is the third article of Declaration of the Rights of Man and Citizen and the ninth and tenth amendments of the Bill of Rights conflict in that the tenth amendment maintains that powers not given to the United States will be reserved for each individual states or person and are not limited to the rights listed within the Bill of Rights. In contrast the third article of the Declaration of the Rights of Man and Citizen states that rights not specifically stated are resides in the nation and that’s no group or person is permitted to exercise authority is not directly provided for by the law . Thus giving unstated rights to the nation while the Bill of Rights leaves the decision of legality of such rights to both the state and the …show more content…
On the other hand the Bill of Rights states that no one “shall be compelled in any criminal case to be a witness against himself.” Any person falsely or accurately accused of a crime do not have to provide evidence that will indicate the person in question. Another similarity that the Declaration of the Rights of Man and Citizen has with the Bill of Rights’ fifth amendment is the seventeenth article which states similarly to the fifth amendment that private property cannot be taken for the public use without a proper reason and without some form of
The enlightenment ideas affected politics for both the French and the American peoples through the form of government and individual rights. Thinkers such as Jean-Jacques Rousseau, believed in the individual right of man as a citizen of a sovereign nation. In 1789, Marquis de Lafayette used Rousseau and other free thinker’s ideas to draft his Declaration of the Rights of Man and of the Citizen to the National Constituent Assembly in France (http://www.pbs.org/marieantoinette/revolution/america_france.html). This established universal rights for individuals that always existed at all times. The document shows many similarities to American documents such as the declaration of Human Rights in the U.S. Declaration of Independence and the Bill of Rights in the Constitution. For instance, they all show a relationship through the declaration of individual rights such as free speech and freedom of religion. However, the Declaration of the Rights of Man and of the Citizen focuses more on individualism while American documents focus more on a community “We the People” (http://www.pbs.org/marieantoin...
The American Civil War had a very profound effect upon the American Constitution and upon American constitutionalism generally. The Civil war had indeed been fought over a question of states’ rights, among other things, and the states’ rights interpretation had actually lost and was, to a degree, a casualty of the wartime period. Further, that casualty was swiftly hammered into its coffin by three amendments which were enacted in 1865, 1868 and 1870 – the Thirteenth, Fourteenth and Fifteenth Amendments. The Fourteenth Amendment ultimately became the heart and soul of the modern American Constitution. Most of the legal battle’s surrounding the United States Bill of Rights have been to make it a truly national document – such that states may not violate its provisions. The Fourteenth Amendment finally made this possible.
America celebrates their independence on July 4th of every year, the declaration of independence states that “all men are created equal”. This document was signed in 1776 and meanwhile there were plenty of men and women still in shackles under their will. So, tell me how “all men are created equal” if it wasn’t until almost 90 years later when the rest of these men were set “free”. This document is fascinating because of the
...otection of rights specifically enumerated in the constitution. The Tenth and final amendment gave powers of states and the people.
In the making of the United States, there were many events that are important. This paper intends to highlight a few of those events including; Magna Carta, Mayflower Compact, Declaration of Independence, Articles of Confederation and the Federalist Papers. Many events in America’s history helped to establish the United States as a free and independent country. The Declaration of Independence in particular explains the rights and freedoms that Americans. Each document is like a stepping stones that leads to the next and building upon the pervious document.
The Declaration of the Rights of Man was formed and intended in 1789 by the National Assembly of France to be the very backbone for the constitution. This allowed the nation of France to become liberated and achieve a more secure and structured society by changing from that of an absolute monarchy to a more constitutional democracy. France sought to gain equality and freedom for all individuals; after being fed up with the constant corruption for so long. France managed to successfully obtain an equal nation and government, in which power was given to the people and not to some tyrannical or dictatorial figure.
The Declaration of Independence (1776) was written to proclaim the colonists’ independence from Great Britain and announce the rights of its citizens and the role of government, among other declarations. The most famous phrase “…all men are created equal”, authored by Thomas Jefferson, was a statement affirming that tyranny under the rule of King George III and the English Parliament would be met with opposition by the colonists who would protect their liberties in the new republic.
When the King of England began to infringe on the colonists’ liberties, leaders inspired by the enlightenment grouped together to defend the rights of the American colonies. As Thomas Jefferson writes in the Declaration of Independence, “History of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these States” (Jefferson 778). The citizens of France, inspired by the enlightenment, desired a government run by the people. Marquis de Lafayette wrote, “Men are born and remain free and equal in rights; social distinctions may be based only upon general usefulness” (de Lafayette 783).
The Declaration’s proclamations of the “unalienable and sacred rights of man,” point towards religious undertones; however, Revolutionary France discontinued a state religion (National Assembly). Therefore, although the language of the document indicates a religion influence, it shies away from a religious focus. Thus, the Deistic thought which stemmed from the Enlightenment, although somewhat muted, clearly inspired the course of the French documents in a similar manner to that of the United States, in spite of the evolving viewpoints of the time. In addition to a religious disposition, statements regarding the “natural, unalienable, and sacred rights of man,” indicate humanistic and morally inclined focuses from the Enlightenment (National
Compare and Contrast Declaration of Independence and Common Sense When I was asked to read the Declaration of Independence by Thomas Jefferson and Common Sense by Thomas Paine, I was kind of scared. As I started to read it, I found it to be truly interesting. Reading over them several times to make sure I understood the text and the meaning of them both. Throughout, out this paper I will share many comparisons and contrasts between the Declaration of Independence and the Common Sense pamphlet. There are many reasons why these two documents had a great effect on the American Revolution.
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 and Declaration of the Rights of Man and Citizen are based on the same principles of natural rights; therefore each document is similar in protecting the people's natural rights. However, despite their similarities, their differences are apparent due to the social situations in which they were adopted. The Bill of Rights stood to protect the freedoms of each individual by establishing a democratic government. The French Revolution eliminated the hierarchy of class and established equality among men with the Declaration of Rights of Man and Citizen. Several influences from past philosophers and documents assisted the frame work of the Bill of Rights and Declaration of Rights and Citizen.
The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property… nor shall private property be taken for public use, without just compensation"(Cornell). The clauses within the Fifth Amendment outline constitutional limits on police procedure. Within them there is protection against self-incrimination, it protects defendants from having to testify if they may incriminate themselves through the testimony. A witness may plead the fifth and not answer to any questioning if they believe it can hurt them (Cornell). The Bill of Rights, which consists of the first ten amendments to the U.S. Constitution, enumerates certain basic personal liberties. Laws passed by elected officials that infringe on these liberties are invalidated by the judiciary as unconstitutional. The Fifth Amendment was ratified in 1791; the Framers of the Fifth Amendment intended that its revisions would apply only to the actions of the federal government. After the Fourteenth was ratified, most of the Fifth Amendment's protections were made applicable to the states. Under the Incorporation Doctrine, most of the liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment (Burton, 2007).
On August 26, 1789, the assembly issued the “Declaration of the Rights of Man and Citizen.” Through judicial matters, this document was written in order to secure due process and to create self-government among the French citizens. This document offered to the world and especially to the French citizens a summary of the morals and values of the Revolution, while in turn justifying the destruction of a government; especially in this case the French government, based upon autocracy of the ruler and advantage. The formation of a new government based upon the indisputable rights of the individuals of France through liberty and political uniformity.
The Bill of Rights, on the other hand, contains certain clauses that protect specific aspects of privacy like the 1st Amendment, privacy