Bill Of Rights in my opinion
by 
Gwen Ellen Ochsenbein
August 08, 2007
Gwen Ellen Ochsenbein
August 08, 2007 The Bills Of Rights, designed to protect the American people, endorsed by the states in 1791, shortly after the Constitution was accepted. The Constitution contradicts itself in that the Constitution argues for the government and yet also for the people. The Constitution governs that the people of the United States, no matter of race and creed, all have these rights, in which the government cannot take away or violate in any way. The Constitution , written by our ancestors, whom were rich men coming from a country that did not believe that it needed to protect its people with any type of rights, inspired them to write the bill of rights so the people would not be oppressed by the government. Even today, the Bills of Rights are being challenge, not only by the people, but also by the government.
The First Amendment guarantees our freedom of speech, of religion, of the press, and the right to peaceably congregate. It also guarantees our right to impose on the government to make changes in its policies.
The Second Amendment: being the right to bear arms, so that any person of this country can defend and keep the nation of free state. The idea of the amendment was for a militia, defined as untrained civilians, non-military trained civilians to protect their country. This amendment does not provide for the right to bear arms for home protection when not in war or to shoot for food. There are heated debates over this particular amendment.
The Third Amendment much describes the meaning of “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” This rule of thumb was broken during the Civil War, when the soldiers would take over a home in order to have quarters for the troops and food.
The Fourth Amendment protects the American people against unjust search and seizures without probable cause or supported by evidence. Usually called a search warrant that must be signed by a judge and state within where the search will be, and what is expected to be found. This amendment has been stepped on by many states in which giving peace officer the right to probable cause. Probable cause being “the right to search” without a warrant when the officer deems there is a clear and present danger to any given.
The Fifth Amendment has several guarantees: we do not have to testify against ourselves in any criminal case (in other words, the right to remain silent). The due process rule prohibits the government from depriving anyone of life, liberty or property. The accused can only be prosecuted once for each charge and if acquitted can not stand trial again(double jeopardy).
The Sixth Amendment gives the person whom is accused a reasonably fair
and speedy trial, where the transgression was committed and have a right to have unbiased judgment by a jury decide whether they are guilty or innocent. The accused also has a right to cross examine his accuser who will testify against the accused at trial. The accused also has the right to compel witness to testify in a court of law and to have a legal representative assist in the legal defense there of.
The Seventh Amendment guarantees the right to a jury in particular types of civil case trials (non criminal). This amendment only applies to Federal cases and not the states.
The Eighth Amendment is stating that the defendant must be allowed to post reasonable bail in order to be unincarcerated before the trial. The government cannot impose unreasonable fines, punishment or inhumane acts upon the accused. This is still controversial within the government whether or not the death penalty should be considered cruel and unusual punishment.
The Ninth Amendment, my personal favorite, states that certain rights that are not mentioned, does not mean they do not exist. In other words, our right to personal freedoms and enjoyments, along with liberties cannot be said that they do not exist just because it is not written. The Authors of the Constitution, believed that there are additional fundamental rights that cannot be infringed upon. Which brings up the question of what exactly are our rights that are not mentioned?
The Tenth Amendment states that we the people are free to do what we will without permission of our federal government in areas beyond the realm of our federal government. This is stating that the government cannot have power over what we want to do in order to preserve happiness as long as it is within the legal realm.
In short, the Ten Amendments to the Constitution have declared that the people of the United States have rights, in which the government cannot interfere. The Amendments secure the peoples rights in every aspect of the law and puts our legal system in check within its rights. It also helps by barring criminal prosecutions against the people who would speak out against the government and criticize its actions and provides sanctuary for those oppressed in many other countries.
The Bill of Rights came under direct scrutiny during the Civil War between (1861-1865),in which the Supreme Court ruled that even though the 14th amendment prohibited laws compulsory on “privileges and immunities of citizens” it did not consist of the first eight amendments. This meticulous movement stopped any effort to make the Bill of Rights obligatory on the States.
Final Thought:
When the constitution was originally written, it was intended for the common good of the citizens of this exceptional nation, not for the individual person. This is as stated in the Preamble to the Constitution.
Bibliography:
The Bill of Rights
Black’s law
Tags: Bill Of Rights , Constitution , Ten Amendments
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