Development Of The Bill Of Rights, And The First 15 Amendments To The Constitution.

Development of the quantity of Rights2006When the the Statesn colonies rebelled against Great Britain , the rebels gave their reasons in the firmness of Independence . According to the resolution , people have unassignable secures to liberty . The ideology of the revolutionary generation shaped the by and by American apex of Rights . This revolutionary ideology combined and wove unneurotic both the inwrought rights of man and the historic rights of Englishmen . The colonists empha surfaced natural rights and historic liberties as a result of their view of giving medication . establishment was potenti solelyy hostile to human liberty and merriment . Power was essentially aggressiveThe rebellious colonists dealt with the problem of aggressive giving medicational power by several(prenominal) devices : separation of powers , an independent workbench , the right of people to have a sh ar in their own giving medication by representatives chosen by themselves , and an crush on the natural and historical rights and liberties of citizens reflected in revolutionary bills of rights of the several disk operating systems . These concessions to slavery produced some protests . George Mason , delegate from Virginia and a star(p) advocate of a national official bill of rights , complained that delegates from South Carolina and tabun were more(prenominal)(prenominal) interested in hold dearing the right to spell slaves than in promoting the Liberty and Happiness of the peopleSome framers rationalized the compromise with slavery on the assumption that the institution would soon die out . In truth , neverthe slight , a compromise was do in the interest of the Union . While the framers compromised with slavery , they took steps to frustrate its spread to new states Particularly previous(a)r on the adoption of the touchst single of Rights the Constitution reflected the Jekyll-and-Hyde char deporter of the nation . The nation sought at the aforesaid(prenominal) time to protect liberty and slavery . All in all , the account statement of Rights was adopted because of the fear of abuses of power by the federal government . It simply had no application to the statesThe idea that the federal apex of Rights protects liberty of idiom and iron out , immunity of morality , and other basic rights from violations by the states has become commonplace , eve for faithfulnessyers . Indeed , many another(prenominal) Americans probably accepted this commonplace when paying attention integrityyers knew it was non so . From 1833 to 1868 the imperative woo held that of the rights in the eyeshade of Rights limited the states . From 1868 to 1925 it found very few of these liberties protected from state propelion . Those the states were free to flout (so far as federal limitations were concerned seemed to include free speech , constringe , piety , the right to jury trial liberty from self-incrimination , from infliction of savage and unusual punishments , and more . State constitutions , with their own bills of rights , were available to protect the individual , precisely too a lot they turf outd to be barriers . Most , just not all , scholars believe that the Supreme judicial system of justice was right , at least as a matter of history , up to 1868 . They believe , that is , that the founding fathers did not intend for the Bill of Rights to limit the statesIn contrast to the English Bill of Rights of 1689 , in which the powers of Parliament are protected against the encroachments of the monarch the American Bill of Rights was created to protect the individual against the intrusions of the legislative and executive branches of the government . As James Madison expressed it If we advert to the individual(prenominal)ity of Re habitualan Government we shall find that censorial power is in the people over the Government , and not in the Government over the people Nowhere in the Bill of Rights is this more sharply affirmed than in the words of the First Amendment sexual congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the independence of speech or of the press or the right of the people pacifically to assemble , and to petition the Government for a redress of grievancesAlthough cardinal of the thirteen colonies had established churches , four did not (Rhode Island , Pennsylvania , sassy Jersey , and Dela fighte . By the time the First Amendment was adopted , however , barely three states had an established church -Massachusetts , New Hampshire , and computed axial tomography . Of even greater significance is that no two states shared the same religious configuration with respect to its population . not to be overlooked is that in the decade between the Declaration of Independence and the Constitutional Convention , numerous states had made declarations in support of religious granting immunity former to the adoption of the Bill of RightsIn 1868 the 14th Amendment was ratified . Beginning in the mid-twenties the U .S . Supreme tourist address began to apply the Bill of Rights to states d oneness a surgical procedure now called the incorporation of the Bill of Rights into the fourteenth Amendment . As originally passed , the Bill of Rights applied only to the federal government and not to state governments . The Fourteenth Amendment s play off shelter and collect process clauses clearly applied to the states . Through a serial of lengthy contents , the court engaged in a in stages process of interpreting the Fourteenth Amendment clauses to include the motley freedoms protected in the Bill of Rights In Near v . atomic number 25 (1931 ) the Supreme appeal applied freedom of the press to the states . In this occurrence , the city of Minneapolis move to suppress the globeation of shameful , malicious and defamatory material in countersigns . A news publishers association , fearing censorship , challenged the Minnesota law on the case of violation of freedom of press . The Supreme coquet afflicted down the law by contending that it represented prior ascendance of future issuings . The most grand freedom given over to the press is freedom from prior restraint , the freedom not to be censoredThe process of nationalizing the Bill of Rights done the Fourteenth Amendment continued in the area of free exercise of religion . In Hamilton v . Board of Regents (1934 , the Court held that freedom of religion was protected by the First Amendment against invasion by the national government and by the states . This decision was confirmed in Cantwell v . Connecticut (1940 . This case questioned the positiveity of a Connecticut law which banned solicitation of property for religious or charitable reasons unless approved by the writing table of the public welfare council . This particular official had the authority to watch whether a fund-raising cause was truly a religious one . In a unanimous decision , the Supreme Court ruled that the statute violated religious freedom and the overdue process clause of the Fourteenth AmendmentFrom the critical standpoint , the Bill of Rights not only constitutionally protects individual rights of citizens , such as freedom of religion , peaceable assembly , right to concur and bear arms , trial by jury , but it also secures the entire system of American democratic set and implementation of democracy in reality . For fount , freedom of press , declared of in the First Amendment , does not beggarly only that Congress shall make no law . abridging the freedom of .press Considering the fact independent media is one of the pillars of modern democracy , this constitutional guarantee aims to secure democratic principles of the country . Moreover , the freedom of press implies automatically the absence of any censorship curb the execution of freedom of speech , which is too declared in the First Amendment and mistakablely is to protect democratic principles . The Bill of Rights has been created not only to protect freedoms and liberties of American citizens on individual levels , but also to secure the position of a person onwards the government . For lesson , the Fifth Amendment provides that no person shall be forced in any criminal case to be a witness against oneself . At the same time , from my personal viewpoint , the fundamental importance of the Bill of Rights is its long endure effect and its tremendous influence on American legislative and judicial system . Firstly , the Bill triggered the adoption by the Congress of several important acts protect civilian liberties standardized Civil Rights work Secondly , because the Bill is an integral and critical part of US Constitution , and thus the ultimate good power , legislative and judicial system have been unceasingly improving constitutional doctrine on individual rights . For example , one can notice during 1960-70s the constitutional rights of public employees to freedom of speech and association , procedural due process , and equalise protection have also been vastly expandedHistorically the Constitution has hold its flexibility because interpretations of its meaning have changed . Choosing between two or more sets of competing values , the Supreme Court has vie a major role in maintaining this flexibility . A evidential trend has been the cite of civil rights to the previously powerless . For instance , the involvement of the U .S . Supreme Court in civil rights for blacks is long-standing , dating back to issues from the days of slavery . In the Dred Scott case (1857 , chief Justice Taney ruled that no blacks , slave or free , were citizens , and that blacks had no citizenship rights ( sign of the zodiac 38 . In 1883 , two decades after the Civil state of war and the official end of slavery , the Court ruled on five spot suits affecting the rights of blacks , and collectively called the Civil Rights Cases (1883 . These cases arose in response to the Civil Rights act of 1875 which proscribe racial secretion in jury selection and public accommodations . In these cases , the public accommodations portions of the 1875 act were challenged . The Court recognized that the Fourteenth Amendment forbade discrimination by states but it made no allude of discriminatory acts committed by individuals . Since the Civil Rights Act veto discrimination by individuals and private businesses , the Court ruled that the act had overstepped congressional authority and was therefore unconstitutionalBy the end of World War II , the Supreme Court had become more encouraging of civil rights for blacks . It struck down the all-white primary winding in smith v . Allright (1944 , arguing that the Democratic party was in nubble an agent of the state and was therefore subject to the Fifteenth Amendment . During the late 1940s and the mid-fifties , the Court followed the trends begun earlier of moving external from the doctrine of severalize but equal (Hall , 51 . This whitethorn be seen in the cases of Sipuel v . Oklahoma (1948 , Sweatt v . panther (1950 ) and McLaurin v . Oklahoma State Regents (1950 . In the Sipuel case , which was similar to the Gaines case , the Court ed Oklahoma to provide a order but equal law school for a black woman and stressed the inquire for equality in facilities . In Sweatt v . Painter , the state of Texas had established a separate black law school but it was middle-level to the white law school at the University of Texas in the size of its faculty and the quality of its library and student body . The court ruled that the black law school had to be improve . The Court nearly overturned the separate but equal doctrine in the McLaurin case in which Oklahoma had allowed a black student to attend a white alumna school but had discriminate him from the rest of the students by designating separate sections of the library , cafeteria and classrooms for him . The Court struck down these segregation alimentation , claiming that they interfered with the ability of the black student to exchange ideas with other students , a requisite for a good education . Although these cases fell nearsighted of invalidating the separate but equal principle , they made segregation at the graduate school level more difficult to implementPerhaps the most significant civil rights cases to aid blacks in the fight for equality were the two cook cases in the 1950s . Brown v . Board of instruction I (1954 ) arose as the result of a suit against Topeka Kansas where Linda Brown , a black child , was not permitted to attend a segregated white school four blocks from her home . In Brown I , to a lower place the leadership of Supreme Court Chief Justice Earl Warren , the Court overturned the Plessy decision of separate but equal in the public schools by declaring that the separate but equal doctrine made black children flavour inferior . In Brown v . Board of Education II (1955 , the Court ruled on how to accomplish desegregation , concluding that local school boards should establish plans for desegregation under the supervision of federal district judges and with all metric speed Despite these court rulings , southern school boards were loosen up to respond and avoided court s by closing public schools and placing white children in private schools . Consequently , desegregation was only implemented very slowlyWomen are not a nonage but they have historically experienced legal discrimination based on their gender . The Supreme Court has played an important role in the expansion of rights for women . Overall the Court has been less important in the expansion of women s rights than it has been in the extension of rights to blacks and other racial minorities . A major reason for the less important role of the Court is that women s rights have mostly been broadened through legislation . Many women s rights cases addressed by the Supreme Court have been concerned with employment . Early court decisions followed a trend of protectionism and upheld restrictions on the nature and conditions of employment for women . In Bradwell v . Illinois (1873 , the Supreme Court upheld a state law preventing women from practicing law . Not until the 1970s did U .

S Supreme Court rulings scram to move away from the restrictive protectionist trend of the past . reed instrument v . Reed (1971 ) was the first instance of the Court contact down a state law which discriminated against women . Taylor v . atomic number 57 (1975 ) overturned the precedent set in Hoyt v . Florida . Phillips v . Martin-Marietta (1971 ) ruled that employers could not discriminate against mothers of preschool children despite fears that they might often miss work to care for their children . In Stanton v . Stanton (1975 ) the Court struck down a Utah law which require divorced fathers to support sons until they were twenty-one under the assumption that they would need support while being educated , while daughters had to be supported only until they were eighteen under the assumption that they would define married and be supported by their husbandsBeginning in the 1920s , the U .S . Supreme Court began to apply the Bill of Rights to states through a process now called the incorporation of the Bill of Rights into the Fourteenth Amendment . As originally passed the Bill of Rights applied only to the federal government and not to state governments . The Fourteenth Amendment s equal protection and due process clauses clearly applied to the states . Through a series of lengthy cases , the Court engaged in a piecemeal process of interpreting the Fourteenth Amendment clauses to include the various freedoms protected in the Bill of Rights . In Near v . Minnesota (1931 ) the Supreme Court applied freedom of the press to the states . In this case , the city of Minneapolis tried to suppress the matter of scandalous malicious and defamatory material in newss . A news publishers association , fearing censorship , challenged the Minnesota law on the grounds of violation of freedom of press . The Supreme Court struck down the law by contending that it represented prior restraint of future issues . The most important freedom given to the press is freedom from prior restraint , the freedom not to be censoredIn many cases the statements embedded in the Bill of Rights are impacted directly or indirectly through the process of governance in the United States . One of the most eccentric examples of this impact is adoption of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 , commonly known as the patriot Act . This act significantly expands the power of the federal government to investigate , hold up , and deport those people who the government suspects are linked to terrorist practise and other crimes . The Fourth Amendment of the United States Constitution requires the government to prove to a judicial officer that it has equi likely cause of a crime before it conducts an invasive search to find attest of that crime or in exact words , this Amendment declares that the right of the people to be secure in their persons houses , s , and effects , against unreasonable searches and seizures shall not be violated , and no Warrants shall issue , but upon probable cause Before the enactment of the Patriot Act , if the primary purpose was a criminal investigating , the law enforcement officials had to first prove the higher standard of probable cause . Investigating criminal activity cannot be the primary purpose of surveillance . Now American society witnesses how one of the most fundamental statements of the Bill of Rights , particularly that one protecting individual freedoms from the state , is challenged . The change made by surgical incision 218 of the Patriot Act authorizes unconstitutional activity by contact lens on the Fourth Amendment protection that requires probable cause . dent 218 now provides law enforcement officials with a tool to avoid probable cause when conducting criminal investigation surveillanceThe adoption of the Patriot Act has been triggered with the war the United States declared against terrorism . Interestingly , the same event the war on terrorism , challenged another important element of the Bill of Rights , namely the due process clause of the Fifth Amendment , which states that no person shall . be deprived of brio , liberty , or property , without due process of law Practically , this statement aims to secure individuals from unconstitutional exercise on the behalf of the government . Importantly , this article provides Americans with the right to be tried by unprejudiced courts with application of lawful procedures and laws . However , during the war in Afghanistan and Iraq the US government intentionally deterred in prisons many prisoners of war (identifying them as terrorists ) without court s , indictments and further court hearings . Here one can notice the constitutional bang , in which the rights of the US government during wartime (including deterring of individuals without due process clause challenges the statements embedded in the Bill of RightsWorks CitedBarnett , Randy E . ed , 1989 . Ninth Amendment . supra note 29 , at 18Bailyn , Bernard . 1967 . ideological Origins of the American Revolution Cambridge , Mass : Harvard University public pressEly , J . 1980 . Democracy and doubt . Cambridge , MA : Harvard University PressHall , Kermit L . 1989 . The Magic Mirror . Law in American History , New York : Oxford University PressLevine , James. 1992 . Juries and Politics , Pacific plantation , CA Brooks /Cole Publishing CompanyMadison , James . November 27 , 1794 . Republicanism . Speech in Congress account of Congress 934Nelson , William E . 1988 . The Fourteenth Amendment : From policy-making Principle to judicial Doctrine . Cambridge , MA : Harvard University PressSchwartz , B . 1971 . The Bill of Rights . A Documentary History . pp 222-226Wiecek , W . 1976 . The Sources of Antislavery Constitutionalism in America , 1760-1848 . Ithaca : Cornell University Press .. 74Barnett , Randy E . ed , 1989 . Ninth Amendment . supra note 29 , at 18Bailyn , Bernard . 1967 . ideologic Origins of the American Revolution Cambridge , Mass : Harvard University Press .. 74Bailyn ,. 57Schwartz , B . 1971 . The Bill of Rights . A Documentary History . pp 222-226Wiecek , W . 1976 . The Sources of Antislavery Constitutionalism in America , 1760-1848 . Ithaca : Cornell University Press .. 74Ely , J . 1980 . Democracy and Distrust . Cambridge , MA : Harvard University Press .p . 196Madison , James . November 27 , 1794 . Republicanism . Speech in Congress Annals of Congress 934Nelson , William E . 1988 . The Fourteenth Amendment : From Political Principle to Judicial Doctrine . Cambridge , MA : Harvard University PressLevine , James. 1992 . Juries and Politics , Pacific Grove , CA Brooks /Cole Publishing CompanyLevine . 1992Nelson , William E . 1988 . The Fourteenth Amendment : From Political Principle to Judicial Doctrine . Cambridge , MA : Harvard University Press . Hall , Kermit L . 1989 . The Magic Mirror . Law in American History , New York : Oxford University Press ..75Hall . 1989 .. 82 PAGEPAGE 2 ...If you wish to get a full essay, order it on our website: Orderessay

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