The Constitution and Bill of Rights
The Bill of Rights consists of the ten initial amendments to the US Constitution. The modifications helped in the ratification of the Constitution, as they granted rights to every American citizen in an unparalleled manner. Most of the Constitution is concerned with government policy and mandates, whereas the Bill of Rights centers on what the state cannot do. The federal government cannot, for example, infringe on individuals’ freedom of speech or right to bear arms. The amendments to the Constitution were written by James Madison in response to the public outcry for the legal securing of individual liberties (Labunski, 2006, p.178).
I was surprised by the several constitutional amendments due to how they assumed the protection of personal liberties.
The First Amendment is one of the best-known, and it combines several rights into one. Freedom of speech, religion, press, and peaceful assembly is enshrined in the Bill of Rights (Marsh, 2004, p.13). Congress cannot make any laws that interfere with the individual’s right to exercise free speech. The freedom to choose a religious denomination is also protected. People can decide whom to worship without any coercion from the government. I was surprised to find that the laws protect individuals who question them in any way. This amendment protects citizens who assemble peacefully to seek redress for their grievances with the government. I learned that the Four Freedoms speech by Franklin D. Roosevelt in Congress was based on how to safeguard these four rights of the individual at all times.
The Second Amendment makes the United States one of the most unique countries in the world due to its controversial nature. The right of every citizen to bear arms is clearly articulated in the Bill of Rights. The amendment opines that the government shall not infringe on the people’s right to own weapons, most commonly guns (Marsh, 2004, p.14). The amendment seeks to view citizens as a militia force that will benefit the country’s security if it is well regulated. I found this line of thinking to be quite surprising since the author of this amendment considers the people to be a genuine line of defense. It appears that the writer envisioned a situation where the state was incapacitated and individuals could then protect themselves from any emerging threats. The use of the word ‘militia’ is controversial, however, as it seems to suggest only members of law enforcement should bear arms. However, certain states have restricted gun ownership to prevent people like felons from owning weapons. There is a background check system in place to keep records of individuals who should not own guns. It keeps them from interfering with the rights of law abiding citizens to bear arms.
The third amendment of the constitution talks about the housing of soldiers. I noted from the onset that the American government is very keen on the treatment of the men and women who put their lives on the line to secure our country’s borders. The amendment suggests that soldiers will not be housed anywhere, in times of peace or war, without the consent of the owners or the laws (Marsh, 2004, p.15). It is a strange constitutional clause as I learned its origins. It was borne out of the ‘Quartering Acts’ by the British Parliament which they forced citizens to take in soldiers into their homes and give them a place to eat and sleep. I was surprised to find that at one time Americans were forced to take in strangers into their homes without any questions. The British colonialists had found it tough to find a resting place for their soldiers during the Indian and French wars. I noted that at the time of the amendment, the colonists were angry with this act since it meant that soldiers could force themselves into people’s homes and take whatever they wanted. This amendment was a major step in removing the inconvenience of the ‘Quartering Acts.’
The Seventh Amendment of the Constitution talks about the individual’s right to a fair trial. The law suggests that in any civil suit whose value exceeds $20, the individual has the right to have their case determined by a jury (Marsh, 2004, p19). Any matter that goes to court and is decided by a jury cannot be forwarded to any other legal authority. The law places considerable authority on the jury such that they are the final word in any determination. The people who framed the Constitution considered the jury’s presence in every trial as a very important factor. The value of $20 was the threshold at the time but that has changed today to include most cases in our justice system. However, learned that the Seventh Amendment is only applicable to civil cases in federal courts. In criminal cases, the government (local, state or federal) is usually the accuser. In civil cases, the citizens are the accusers and they sue the defendants who have committed some type of wrong.
References
Labunski, R. (2006). James Madison and the Struggle for the Bill of Rights. New York: Oxford University Press.
Marsh, C. (2004). The Bill of Rights. Peachtree City, Ga.: Carole Marsh/Gallopade International.
