The Bill of Rights, which consists of the first ten amendments to the United States Constitution, serves as a protection against excessive government power. However, the absence of explicit limitations on governmental authority in the Constitution led to a disagreement between Anti-Federalists and Federalists (Moyer 57).
The debate between Federalists and Anti-Federalists centered around the inclusion of a bill of rights in the Constitution. The Federalists argued that such a provision was unnecessary, as any powers not granted to the government would automatically remain with the people and states. On the other hand, Anti-Federalists believed that a bill of rights was crucial for safeguarding individual freedom.
Bill of rights amendments
Amendment I
Congress is prohibited from enacting laws that establish or favor religion, impede its free exercise, restrict freedom of speech or press, hinder peaceful assembly, or infringe u
...pon the right to petition grievances against the government (Moyer 57).
Amendment II
Because a well-regulated militia is necessary for maintaining a free state, individuals have the right to possess and bear arms, which shall not be violated.
Amendment III
This amendment ensures that no soldier can be quartered in someone's home without their consent, even during times of war, unless authorized by law.
Amendment IV
The public's rights to be secure in their persons, papers, houses, and effects against unreasonable seizures and searches shall not be violated. No warrants shall be issued without reasonable justification, supported by affirmation or oath, specifically describing the place and persons to be searched and seized.
Amendment V
No person shall be held accountable for a capital or otherwise infamous crime unless indicted by a grand jury, except in military or naval cases during times of war or public danger. No
shall anyone face double jeopardy or self-incrimination in any criminal case; nor can they be deprived of life, liberty, or property without due process of law. Private property cannot be taken for public use without just compensation (Moyer 57).
Amendment VI
In all criminal trials, the accused have the right to a prompt and public trial by an impartial jury from the state and district where the crime occurred. The accused must be informed of the nature and cause of the accusation, and they should also have a chance to confront the witnesses against them. Amendment VII ensures that individuals involved in common law suits worth more than twenty dollars have the right to a trial by jury for a fair legal process.The decision rendered by the jury in any court of the United States cannot be reviewed, unless it is done so in accordance with common law principles. Amendment VIII of the United States Constitution prohibits the imposition of excessive bail amounts, fines, and cruel and unusual punishments.
Amendment IX
The Constitution does not disregard or diminish any rights held by the public, despite only explicitly listing certain rights.
Amendment X
Any legal authority not granted to the United States by the Constitution, or forbidden to the states, is given to either the states or the public.
Conclusion
During discussions regarding the adoption of the constitution, its opponents often argued that it would enable federal government abuse. They were mindful of British violations of civil liberties before and during the Revolution (Moyer 57). They demanded a bill of rights that would clarify every individual's rights. Some
state conventions required these amendments prior to ratifying the Constitution; others approved it with an anticipation for future amendments.
Work cited
- Moyer, Thomas J. “Bill of Rights-Its Origins and Its Keepers”, The Judicature 75 (2001): 57.
