Bill of Rights and Its Importance Towards Our Democracy
The Bill of Rights has had a huge factor on what separates us from other countries. The Bill of Rights are basically the laws that our very country was founded on. Now that we understand what the Bill of Rights are, we can get to the big question. What are the most essential rights for the preservation of democracy? This question rather easy to answer. The Most essential rights in keeping our democracy in tact is the First Amendment, the Fourth Amendment and the Sixth Amendment, and here is why.
The First Amendment states that congress can not affect anyone's opinions and actions when referring to one's speech , religion, assembly, or petition. In simpler terms, the bill grants all U.S. citizens the right to be free. You can do anything (legal of course) and won’t be prosecuted because you have the right to your own thoughts and opinions. One quote that defended served my point justice said “Passions run deep, and compromise is difficult. In the United States, where a majority of people are religious, religious battles tend to take place in the courts, under the guidelines set out by our First Amendment (Pg.123 Barbour & Wright).” Basically saying, since the First Amendment is around the court systems play a middle man and try to come to a common ground where both parties are pleased without affecting someone's freedom of religion.
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The Fourth Amendment is the law in which you cannot have your person or property searched without a warrant.
This is very important when talking about keeping the democracy in tact because it says you are always backed by the law even when you are being accused of a crime. “The founders were particularly sensitive on this question because the king of England had the right to order the home of his subjects searched without cause, looking for any evidence of criminal activity (Pg 142 Barbour &
Wright).” The Sixth Amendment is also very important to have when trying to run a democracy. This Bill states that everyone, no matter what the charge is, to have a fair trial. In other terms, everyone is innocent in the court of law until proven guilty with evidence to back it up. Now a days, it may be harder to have an unbiased jury. “Media coverage of a crime can make it very difficult to find an impartial jury (Pg. 137).” In closing, the democracy is something special that America shouldn’t take for granted. Out of all the Amendments that have been made to this day, the U.S Government wouldn’t be what it is without the First, Fourth and Sixth Amendments giving us our freedoms and rights.
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
You may think that the Constitution is your security - it is nothing but a piece of paper. You may think that the statutes are your security - they are nothing but words in a book. You may think that elaborate mechanism of government is your security - it is nothing at all, unless you have sound and uncorrupted public opinion to give life to your Constitution, to give vitality to your statutes, to make efficient your government machinery. (Brown)
In conclusion, the Constitution, may protect us from tyranny in this way.
The first Amendment of the United States Constitution says; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
The Bill of Rights the first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship. These were the basic principles of the Bill of rights. These were the principles that American people was fighting for in the Revolutionary war. In the summer of 1787 thirteen delegates got together and came up with the Constitution. As things progressed they found out that the Constitution was deeply flawed and they needed to find a way to correct the problems that they had.
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 First Amendment of the Constitution of the United States establishes religious freedom, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Against the Constitutional background, Thomas Jefferson, a Founding Father, wrote a Bill for Establishing Religious Freedom. The Bill was passed in the Virginia General Assembly in 1777. However, Jefferson thought that it was not enough to have a Constitutional provision that debars Congress from establishing a religion for all; it was equally important to separate the Church from the state to allow Religious Freedom, so that each and every one will practice their religions freely without government restrictions. Thus, he opposed the interference of the state in religious practices. Secondly, Jefferson argued that if the state was allowed to interfere with the affairs of the church it will give the government the power to persecute those who oppose its policies. The man, whose ideas and ideals have been shaped by experience and practice,...
"That in all capital or criminal Prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for Evidence and be admitted counsel in his Favor, and to a fair and speedy Trial by an impartial Jury of his vicinage, without whose unanimous consent he cannot be found guilty, (except in the Government of the land and naval Forces in Time of actual war, Invasion or Rebellion) nor can he be compelled to give Evidence against himself. "
The First Amendment is crucial in protecting the five fundamental freedoms: freedom of speech, freedom of the press, freedom of religion, freedom of petition, and freedom of assembly. The Fourth Amendment is significant for it protects the individual’s privacy from the government and from government harassment. The Sixth Amendment is valuable since it provides the legal framework of the criminal legal system and to protect the accused person from abuse of power. Of all the Amendments of the Bill of Rights, the First Amendment, the Fourth Amendment and the Sixth Amendment are the most
The other purpose of this act was to “Provide result of a general or neutral law. ”(RFRA Summary, Map of the RFRA)The only exception to this rule is, If the government can demonstrate the following three things, that there is a compelling state interest, that a particular law, rule, decision or action actually furthers that compelling state interest, if there is a compelling state interest and this action furthers it, then the government must use the least restrictive means of furthering that compelling governmental interest. Notice that the burden is on the government; the government cannot simply state that it has a compelling interest, but it must also demonstrate each of the three requirements above. This section also states that this Act provides a cause of action or a defense for any person whose religious exercise has been burdened, and provides for legal fees.
The First Amendment of the Constitution is the most important and debatable of them all. The First Amendment states; “Congress shall make no law respecting an establishment of religion, of prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Without the rights available for the people, ultimately makes them subjects to the government in society rather than citizens. Human rights allow individuals or citizens of the society to govern themselves freely, openly, publicly and repeatedly. Particularly, freedom of speech is an inextricable aspect of a stable and order democratic society. Freedom of speech allows the one to speak his/her mind confidently, gives the free will or avenue to challenge the representatives of or the government (protests, written letter to the government), and/or in other words giving the community the reassurance that his/her voice is heard, ultimately everything is done in the best interest for them (no space for abuse of power)—a democracy. A civil society allows for animated debate among those in disagreement over the issues. In the modern United States, even major issues of national security, war, and peace are discussed freely and assertively in the media, that is newspapers or broadcast televisions or radios, even those who are opposed to the administrations’ foreign policy can easily publicize their views. To add on, another example that demonstrates that the other five characteristics would not exist without human rights is the right to vote and the freedom of speech. The right of vote and the freedom of speech allows citizens in the community to anonymously elect a government representative from the
The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that are created by the need for defense and security.
Giving citizens individual liberties is perhaps one of the most important aspects of a democracy because it differentiates it from other forms of government. Democracy is ...
As citizens of the United States, and as people living under a democracy, the government has certain responsibilities to us. We are guaranteed union, justice, tranquility, defense, welfare, and liberty. These rights are all very important to the well being of our country and the states that exist in it. I feel that there are three that are a little more important than the others.