The Bill of Rights is an essential part of American government. Not only did the Bill of Rights play an important role in the ratification of the Constitution of the United States, it laid the foundation for the modern legal system. Some of the most important Amendments in the Bill of Rights are the 1st, 6th, 7th, 8th, and 10th. The 1st Amendment is one of the main reasons that people from around the world idolize life in the United States. The 6th, 7th, and 8th Amendments are some of the basic principles that guide the legal system today. The 10th Amendment gives people specific rights that are valued and cherished. Without these liberties, the country as it is known would be very different and not as desired as it is in its present state.
When George Washington was elected in 1789 as the first president, the first Congress was elected as well. Most of the members of the original Congress had supported the Constitution and almost half of them had help to write or ratify the document. Since the Anti-Federalists opposed the new, strong federal government, most of them concentrated their efforts in state government. Only eight Anti-Federalists served in the House of Representatives.
There was an immediate realization that a method to modify the Constitution had to be established. The call for explicit protections for the rights of individuals was desired by people from the states of Virginia, New York, and Massachusetts. There was no challenge to federal authority in the Bill of Rights, but as was desired and as was a part of the compromise with the Anti-Federalists having been granted protection from an oppressive central government that the people would be unable to control (USHistory.org, 2012).
The concept of a Bill of Rights was originally rejected when the Constitution was being written during the Convention in 1787. It was not until debates during the ratification of the Constitution when the Anti-Federalists had complaints about the Constitution as it stood that the Bill of Rights became an item of serious discussion. In a compromise with the Federalists, an agreement was reached that after the Constitution was ratified and the first Congress was in session, the series of amendments would be discussed.
When the first Congress convened in 1789, James Madison, a Virginia congressman, and originally against the concept of amendments, wrote the first draft. The ratified version was far from the original draft, as there was much debate during the session. Some of the items contained in the amendments were thought to be useless, such as the listing of the rights of the people (Revolutionary War and Beyond, n.d.).
The Anti-Federalists actually feared the Constitution and the powers of such a strong federal government. Richard Henry Lee, a hero from the Revolutionary War, stated:
“The greatness of the powers given and the multitude of places to be created, produce a
coalition of monarchy men, military men, aristocrats and drones, whose noise,
impudence and zeal exceed all beliefas many do, that a bad government must be
established for fear of anarchy, is really saying, that we must kill ourselves, for fear of
dying.”
Thomas Jefferson was in France in 1787 serving as Minister to France, and concluded a letter to James Madison by writing:
“I will now add what I do not like. First, the omission of a bill of rights providing clearly
and without the aid of sophisms for freedom of religion, freedom of the press, protection
against standing armies, and trials by jury. Let me add that 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.”
Additionally, eight states had included a bill of right in the writing of their own constitutions. The people believed that the central government should also contain restraints similar to the ones that were then contained in the constitutions created by the states. In fact, Madison’s original proposal was a compilation of over 200 proposals from the constitutions of the states that had included a bill of rights during their ratifying conventions.
After the ratification of the Bill of Rights and its official addition to the Constitution of the United States, Alexander Hamilton said:
“The sacred rights of mankind are not to be rummaged for among parchments, or musty
records. They are written, as with a sunbeam and the whole volume of human nature, by
the hand of divinity itself, and can never be erased or obscured by mortal power” (Moyer, 1991).
Amendment I
“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” (U.S. Bill of Rights, 1791).
One of the main reasons the earliest settlers came to the new world was because of the oppression of their various faiths in Europe. The freedom of religion was an essential guarantee that people wanted to see expressed specifically in the Constitution that was not in the document. This was a basic foundation that the colonists wanted in the document, not knowing how diverse the faiths of the nation would eventually become in a couple of centuries (Revolutionary War and Beyond, n.d.).
The 1st Amendment has provided the Supreme Court and the rest of the judicial branch with the greatest challenges and many highly visible cases. There are three instances in which speech is not given complete freedom: first, in cases where there is injury on another, such as libel or slander; second, when public safety is in danger, such as yelling “fire” at a mall, and third, obscene remarks that will undermine a community’s moral values (Moyer, 1991).
Additional elements of the 1st Amendment allow the freedom of assembly, or the right of peacefully gatherings. The right to petition the government is also guaranteed. It is allowed to disagree with what the government says and does, and the right to express one’s dissatisfaction, and notify one’s officials is allowed, as well as to make requests. In fact, many local representatives today have open meetings, encouraging their constituents to come and share their thoughts on local matters (U.S. History.org, 2012).
Amendment VI
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the state and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor, and to have
the assistance of counsel for his defense” (U.S. Bill of Rights, 1791).
There are seven specific rights guaranteed in the 6th Amendment. The rights protected in the 6th Amendment are: the right to a public trial in criminal cases, the right to be judged by an impartial jury, the right to be notified of the nature and circumstances of the alleged crime, the right to confront witnesses who will testify against the accused, the right to find witnesses who will speak in favor of the accused, and the right to have a lawyer.
The speedy trial clause prohibits the accused from remaining in jail for a long time before one’s trial. The public trial clause states that trials are to be held in public to prohibit false charges and dishonest actions by court personnel. The trial by jury clause ensures the accused that his or her fate will be determined by a jury, rather than potentially corrupt court officials. The arraignment clause assures the accused that the nature of the charges will be presented to him or her. The confrontation clause enables the defendant the opportunity to confront and challenge witnesses and their testimony. The compulsory process clause enables the accused to call witness to testify on their behalf. The right to counsel clause enables the defendant the right to have counsel (Revolutionary War and Beyond, n.d.).
Amendment VII
“In suits at common law, where the value in controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise
reexamined in any court of the United States, than according to the rules of the common
law” (U.S. Bill of Rights, 1791).
The 7th Amendment refers to cases involving civil trials. It was important to the Founding Fathers to ensure that there were protections for the colonists under the new government that had not been offered during the oppression of the British Crown. The neighbors and peers of the accused are likely to be impartial. It is less likely for corruption to occur at the hands of a 12 member jury than in the hands of a single judge who may have personal motives against the accused or is trying to promote a personal agenda (Revolutionary War and Beyond, n.d.).
Amendment VIII
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Bill of Rights, 1791).
There are three specific guarantees included in the 8th Amendment: a prohibition against excessive bail, a prohibition against excessive fines, and a prohibition against the infliction of cruel and unusual punishment.
A defendant pays bail by an accused defendant to be released from jail while waiting for trial. The money is forfeited by the defendant if he or she does not show up for trial. If the defendant does appear for trial, the bail money is returned. The amount of money that is required for bail must be high enough to creative an incentive for the defendant to be present for trial but low enough so that it is not so unreasonable that there is no way for the defendant to secure the bail. This system was established to correct the system set in place by the British Crown of setting bails so high that it could not be paid as a means of punishment for accused defendants with political beliefs that differed from the judges setting the bail.
The British government also had a history of cruel and unusual punishment being inflicted on criminals after they were convicted of their crimes. To ensure that such punishments, such as burning at the stake, chopping off of body parts, crucifixion, and castration were not used in the United States, this clause was added to the Bill of Rights. The determination of what is considered to be cruel and unusual is determined by public approval, or consensus. If the majority of the public considers an act to be so, it cannot be performed. At this time, hanging, firing squad, electric chair, and lethal injection are allowed are allowed, depending on the state (Revolutionary War and Beyond, n.d.).
Amendment X
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people” (U.S. Bill of Rights, 1791).
In the 10th Amendment, specific powers are listed to ensure that the federal government had not become too powerful. The nation had just fought a war to get rid of a tyrannical government and wanted to ensure that it did not create another one. The Anti-Federalists originally agreed to sign the Constitution if the powers not specifically given to the federal government were reserved to the states. This Amendment is where that promise was kept and the compromise between the Federalists and the Anti-Federalists was fulfilled. During the past century, this Amendment in particular, has become encroached upon in many ways (Revolutionary War and Beyond, n.d.). If there was still an Anti-Federalist party, there would be far more debate about the states losing their rights than is heard about in the current media today. Often, this power is enforced through federal guidelines, especially with money attached. Schools are encouraged, but not mandated, to include two servings of fresh fruits and vegetables in their breakfasts and lunches. If they do not, they do not receive the stipend from the federal government. This stipend is so significant that here are relatively no schools that do not comply with the government ‘request.’
The American governmental system is dependent on the Bill of Rights. The judicial branch, in particular, looks at the Constitution and the Bill of Rights, in making decisions about the Constitutionality of laws and determining the guidelines of what people in the United States will be required to follow to be considered to be following the laws of the land. Initially, the Bill of Rights was written as a compromise between the Federalists, who were pleased with the United States’ Constitution and the Anti-Federalists, who feared that the Constitution had gave too much power to the central government. After the 9th state passed a state Constitution containing a Bill of Rights, the issue was presented to the first sitting United States Congress in 1791. There was much debate before the ratification of the final document that year, but these wise and educated men created a document that is still effective 211 years after its creation, which is a remarkable task. The country today still has the protection of the liberties that the Founding Fathers sought to protect during the earliest days of the new nation.
References
The Bill of Rights: Its history and significance. (n.d.). In exploring Constitutional
Conflicts.
Moyer, T. J. (1991). The Bill of Rights. Vital Speeches Of The Day, 57(12), 373.
Revolutionary war and beyond. (n.d.) The Bill of Rights. n.p. Retrieved from
U.S. Bill of Rights. (1791).
USHistory.org. (2012). The Bill of Rights. U. S. History Online Textbook. Retrieved from
http://www.ushistory.org/us.18a.asp
