What is The Bill of Rights
The Bill of Rights is an official list of amendments, which defines the freedom that is owned by the citizens and the limits of the power of the federal government. Most importantly, the Constitution and the Bill of Rights help in dictating the rights and enhancing the law in cases pertaining to the violation of the freedom of rights. Therefore, the Bill of Rights forms the core basis of liberties and freedom that every individual has an inherent right against the federal government (Alexander & Alexander, 2005). Conversely, the elimination of the amendments from the constitution may be inconsiderable and may make the constitution ineffective at some point considering a plethora of facets.
The Main Reason for Adopting The Bill of Right
The Bill of Rights is the key constituent that the people or the citizens are entitled to against every government on general or particular. Alexander and Alexander (2005), affirm that Madison, the key person behind the drafting of the Bill of Rights, argued that all the power of the government was subject to abuse and the only way to limit the abuse of power was through the enactment of the Rights. Thence, it is noteworthy that, without the Bill of Rights, the constitution will be ineffective and the freedom of individuals will not be protected. Similarly, constitution without the amendments contains few explicit protections of individual rights, and this renders the constitution ineffective since the limits on state and local government are not stated amounting to a less protection of the individual’s freedom. In tandem to this, Stephens and Scheb (2008), attest that the constitution becomes explicit as to the rights of the individual, only if it adopts the Bill of Rights. Further, the Bill also provides the required limits for the state and local government.
Bill of Right has been particularly significant, and it addresses vital issues such as fair protection against unfair criminal trials, free exercise to religion, prohibits the deprivation of life, liberty or property, prohibits unusual and cruel punishment, and the rights to arms (Alexander & Alexander, 2005). In addition to this, bill has a positive impact in the protection of the citizens. The exceptions in the bill of rights protect the citizens against any foul language, hate speech or any form of speech that can cause panic or danger. Similarly, the government is also protected against any violent overthrow, since the bill of right does not allow any form of sedition (Collins, 2010).
Bill of Right - Fifth Amendment
However, the law enforcers arrogate that the Fifth Amendment limits the full ability to combat crime. This is ascribed to the Miranda warnings, which gives the privileges against self-incrimination, the right to an attorney, the rights against arrest and the right to fair questioning by the police. Hence, this creates a stepping stone for more crime. Similarly, the interpretation by the court may further limit the power of the administrative police in fighting crime. In the same light, some amendments, for instance the Ninth Amendment, has been an enigma, without clear clarification. The amendment has aroused controversies, which include; personal autonomy and sexual orientation, and privacy and abortion (Janda, Berry, Goldman &Hula, 2009).
Concisely, the Bill of Right is an indispensable tool in the protection of the individual rights and avoids exploitation through limiting powers of the federal government. However, the controversies involving some amendments may make it difficult to protect the human rights and freedom, hence posing a considerable challenge to the Bill of Rights and the constitution.
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References
Alexander, K. & Alexander, D. M. (2005). American Public School Law (6th ed.). Belmont, CA: Thomson Learning, Inc.
Collins, K. L. R. (ed). (2010). The Fundamental Holmes: A Free Speech Chronicle and
Reader. New York, NY: Cambridge University Press.
Janda et al. (2009). The Challenge of Democracy: American Government in a Global World, Brief Edition (7th ed.). Boston, MA: Wadsworth, Cengage Learning.
Stephens, H. O. & Scheb, M. J. (2008). American Constitutional Law: Civil Rights and Liberties Volume 2 (4th ed.). Belmont, CA: Thomson Learning, Inc.
