Essay On The Bill Of Rights. Points You Need To Know


 “Bill of Rights” is one of the most important documents ever issued in USA’s history. As the most significant purpose of the Constitution was the juridical legalization of new young state and the system of its authorities, the arguments about issuing liberties for citizens began right after the Declaration of Constitution. Some states even refused to accept the Constitution until it contained the main rights and basic liberties for every citizen. For writing a perfect Bill of Rights essay, you definitely need to know its history, the reasons for its appearing and the basic contents. You can learn much more about American history and essay writing from the specialized writing site, by the way.

Starting Your Essay On Bill Of Rights: Learning Its History

During the first years of existence of the Constitution, its text did not contain articles guaranteeing civil rights. However, they were the mail goal of the American Revolution. Take a closer look: The “Bill of Rights” proclaimed liberties of word, press, religion, meetings, separation of church and state, and personal immunity.

Firstly the “Bill of Rights” was thought to be a paper created for protection citizens from the lawlessness of federal authorities. It goes back to The Great Charter of Bretons of 1215 that limited king’s power by law.

Originally the project contained twelve amendments. However, the amendment with the number of deputies of the House of Representative’s calculating formula, which was connected with the general census of the population, was not passed. The second amendment, which prohibited passing laws connected with salary changes of senators and representatives before their re-election, was passed only in 1992 and turned into “the 27-th amendment”.

The document had influence not only on the history of the United States, but was connected with the whole world as well. The “Bill of Rights” was used in the development of “Universal Declaration of Human Rights”, which was issued by the UN on the 10-th of December 1948 and other laws guaranteeing human rights.

Take a look at other articles of this section:

The Contains Of The Bill That Will Help You With The Bill Of Rights Essay

For convenience, the text of “Bill of Rights” can be divided into two parts. The first one describes the classic keys for liberty and freedom of citizens; the second one describes their guarantees and implementations.

  • The first correction proclaimed the liberty of speech, press and meetings. It is a basis of the main political rights of citizens and political combiners.
  • The second one recognizes the possibility for states to have militia in order to protect their liberty and citizens can carry weapons. This is the most questionable amendment. Its main purpose was about the militia. However after the end of Independence War the necessity to have weapons started decreasing. In some time the presence of many weapons owned by citizens became the main criminogenic factor. The main reason for that is absence of the State control of the weapons sales. However, the protectors of the second amendment claim that people do kill, not guns.
  • The third addition prohibited soldiers’ accommodation in the houses without house owner’s agreement during peace time. Now it has lost its urgency.
  • The fourth article guaranteed the rights, liberties, and personal immunity. It prohibited arrests and searches without proper warrant, which could be issued only by judicial authorities on the certain grounds.
  • The fifth paragraph issued a right to the proper trial proceedings, the right not to testify against oneself. Also, it guaranteed private ownership.
  • The sixth amendment guaranteed the rights to an accused person, including the right for jury trial.
  • The seventh law guaranteed the right of jury trial presence at civil cases.
  • The eighth article prohibited excessive mortgaging and fees, cruel and unusual executions. According to it different states passed or prohibited capital punishments depending on the consideration of the capital punishment as a “cruel and unusual execution” by the judicial authority.
  • The ninth correction stated that the rights which “were already in use by people” couldn’t be cancelled even if they had not got into the Constitution.
  • The tenth law pointed out that the powers beyond the area of responsibility of the United States are reserved for certain states and people. 

The Main Reasons To Issue The Bill Of Rights

First of all, there are objective and subjective reasons for the absence of such amendments in the Constitution. Firstly, the American nation passed by the feudalism and its main indicate – the division of society into estates. From the first minutes of existence, the USA was a capitalistic state, where the principles of justice and equality for all had power.

Secondly, Americans are successors of English legal system, where the key point is habeas corpus. It means that in order to deliver a person to the court for accusation the special order which allows such actions, should be issued.

Thirdly, many members of Philadelphia Convent did not pay proper attention to the main freedoms and rights during the making a Constitution. Here is an article about one of them, Benjamin Franklin: They thought that the written consolidation of basic rights and liberties was excessive, as the democratic state had already implied the full specter of such liberties and rights.

The main goal James Madison strived for was giving an American nation confidence that people lived in the democratic state, which cared about them. After issuing this addition the tough and long process of discussion of the final form of amendments started. This project got into the trap of bureaucracy: if the Chamber of Representatives passed the amendments with some senseless changes, the Senate ordered to rewrite them. For example, the Senate refused Madison’s proposal about canceling the compulsory draft due to religion causes.

The “Bill of Rights” is legal even nowadays. It is the main element of the juridical system of the country. At its basis, there is a symbiosis of natural right (the first article, for example) and positive right (the seventh amendment). The first ten amendments were also based on the statements and ideas of such European educators as Denis Diderot and Charles Louis de Montesquieu.

Well, this is the main information that will help you to write tons of Bill of Rights essays. However, if you are still lost and need help, you are always welcome on our site, where you can find the best writing services.

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