The Bill of Rights

We as Americans have a tremendous regard and respect for the framers of our Constitution because it was they that laid the foundation stones for the greatest country on earth. But on top of the many amazing aspects of the Constitution, one stands out as an act of wisdom and foresight that made sure the Constitution would remain a living document for centuries. That was the provision of the Constitution that allowed for the addition of amendments.

It was not long after the Constitution was ratified that the first ten amendments were indeed organized and became law. That those ten amendments have become as central to the American system of government as the Constitution itself. They have come to be known as the Bill of Rights.

The Bill of Rights are so deeply engrained in the American consciousness that they are often referenced in conversations about issues, how Americans work and live together and our relationship with the government. The true genius of the Bill of Rights was the work it did to severely limit the ability of the government of the United States to ever interfere with the fundamental rights of its citizens. This is a stunning achievement at a governmental level when you think in terms of legal systems of governments throughout history and around the world.

These ten amendments assure that the rights of citizens in this country are forever protected from any move by any administration to take those rights and give them to the government itself. As such, the government is forever banned from getting too strong and it relegates the government to a servant role in society which so often is not the case in governmental politics elsewhere in the world.

The ten amendments to the Constitution cover the core rights of Americans including…

1. Freedom of Religion, free speech, freedom of the press and the fundamental right of assembly without fear of harassment from the government. Also the right to petition the government to seek relief for grievances caused by the government.
2. The right to bear arms.
3. Protection from the forced habitation of troops in civilian homes in a time of conflict.
4. Protection from unreasonable search and seizure as part of a criminal investigation.
5. The right to due process when being accused of a crime.
6. The right to a jury trial, to be allowed to cross examine your accusers and other rights of accused to assure Americans cannot be “railroaded” by the legal system.
7. The right to civil trail by jury
8. Protection against cruel and unusual punishment and the right to bail.
9. Protection of rights not specifically spelled out in these ten amendments
10. Protection of states rights.

Of these rights, the ones listed in the first amendment are most often quoted and most cherished by Americans. The original authorship of the Bill of Rights is credited to James Madison. These basic rules of order for how the government will respect its own citizenry set in place and entitlement of rights by American citizens that has fundamentally shaped this country and how Americans come to expect its government to behave.

It endowed the citizenry of the land with an expectation that the rights of the citizens of the country at a very basic level are more important than the rights of the government and that the government “works for us” which is a phenomenal change to the way societies have been organized throughout history. As such, The Bill of Rights is one of the many reasons that America can be regarded as the most unique country in the world and the country that many citizens of other nations wish their own counties would emulate.

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The Cornerstone of American Law

There are just a few truly great documents that represent the foundation stones upon which the American system of government was built. One is the Declaration of Independence. Another is The Bill of Rights. But when it comes to the legal girding that we always go back to in order to test if a law in this land can stand or fall, it is the Constitution of the United States of America that is that backbone that defines right and wrong for us.

Indeed you might even say that the sole reason we have a Supreme Court is to have a living body that is here to decide on, interpret and enforce constitutional law. And what is the worse accusation anyone can make about any act that is in question from a government agency? “That’s unconstitutional” is that accusation. That is how powerful this document is in American life, legal definitions and culture.

The historical context of the signing of The Constitution was The Constitutional Convention on September 17, 1787 in Philadelphia. That city witnessed many such historic events which enshrine its place in the history of the country to be sure. The framers of that Constitution would have to be considered without question the most intelligent and well educated men certainly of their time and maybe of any time. That document was so well crafted that it has lasted as a legal standard for over 200 years with no signs that its power will diminish for hundreds of years more. But in that context, the Constitution is the oldest document of its kind in existence in the world and the original is carefully protected but on display in Washington DC.

The Constitution reflected the best of some of the oldest legal documents of similar intent that went back hundreds of years into history. As such the Constitution includes ideas drawn from the Magna Carta, the French political philosopher Montesquieu, The Code of Hammurabi, the law of the Old Testament, ancient Greek political ideology from such writers as Polybius as well as Common Law from England. So while the core ideas of the Constitution draw from some of the greatest systems of government and ideologies from history, the outcome is a unique format for governing a people that was so untried that it was considered to be “The Great American Experiment.”

The Constitution is divided into seven “articles” each of which discusses one of the divisions of government. Articles one through three discuss the three branches of government including the legislative, the executive and the judicial. Article four goes into depth about the rights and powers reserved to the states. It is clear to see that the framers knew the importance of leaving much of the power of governing at the local and state level and that those rights needed to be preserved at the foundational document of the society, The Constitution.

Other articles discuss the ratification process and federal power. But the wisdom of the framers of The Constitution lie in article five which outlines a process of amendments which leaves room for additional work to be done to keep the Constitution up to date to changes that need to be made. As such the Constitution has remained a living document for all of these years and will continue to be seen in that light for many decades and centuries to come.

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