Bill of Rights Essay “ The government is morally obligated to serve people and protect their rights such as life, liberty, and property. “ The Constitution had no effect against the Articles of Confederation. The Constitution was created to make a stronger central government to protect the rights of its people. The social contract protects the natural rights, while the Constitution protects every other rights, like adding an extra layer of protection. The writers intention of the Bill of Rights was to ensure the safety of citizens rights without them being violated. Most amendments apply in daily life, but it might not show. The First amendment, freedom of speech, amendment two, the right to bear arms, and amendment four, protects citizens from unreasonable searches and seizures. These three amendments are a major factor in daily lives for citizens. Amendment one, freedom of speech is a very important factor for all citizens to have. Amendment one protects citizens to freely speak their mind without disturbing the educational process. The government may not put any consequences to any citizens from accessing information and freely speak. The government must protect citizens from unreasonable consequences, such as making signs, posting honestly, and letters that do no threat. The court case that involved amendment one is Tinker vs. Des Moines in 1964. Mary Beth Tinker and her brother wore black armbands to memorialize the Vietnam War. The principle, Des Moines suspened both of them because they refused to take them off. The court case was sent to the Supreme court because Des Moine interfered with Tinker’s right of freedom of speech. The ruling was seven to two in Tinkers favor. The Supreme court stated that students... ... middle of paper ... ...use they all apply in daily lives. No argument shall take place against amendment one, amendment two, and amendment four because they apply in daily lives of all citizens. All citizens should freely speak their mind without disturbing public education. Citizens should remember about the National Firearms act before buying any firearms and getting a militia type gun or a shotgun with an eighteen inch barrel. Officers are required to have a search warrant before entering a citizens home, but school officials need a reasonable reason before searching a student’s belongings. School officials and students also should remember the exclusionary rule. The Bill of Rights and all other amendments served every citizen like a forever helping friend. The Supreme court plays its role to make decisions for cases that act as role models for other citizens and in the future.
We, all, have the opportunity to voice our opinion on subjects that matter to us. The First Amendment grants us freedom of speech and expression. However, this was not provided to all students in 1968. During this time, there were three students in Des Moines, Iowa, who wore black armbands to school. These armbands were a symbol of protest against the United States involvement in the Vietnam War. After the Des Moines School District heard about this plan, they instituted a policy banning the wearing of armbands, leading to the suspension of students. A lawsuit has been filed against the Des Moines School District, stating how this principal goes against the students’ First Amendment rights. Thus, in the Tinker v. Des Moines Independent Community School District case, Justice Abe Fortes determined the policy to ban armbands is against the students’ First Amendment rights. Yet, Justice Hugo Black dissented with this decision, determining the principal is permissible under the First Amendment.
The American Civil War had a very profound effect upon the American Constitution and upon American constitutionalism generally. The Civil war had indeed been fought over a question of states’ rights, among other things, and the states’ rights interpretation had actually lost and was, to a degree, a casualty of the wartime period. Further, that casualty was swiftly hammered into its coffin by three amendments which were enacted in 1865, 1868 and 1870 – the Thirteenth, Fourteenth and Fifteenth Amendments. The Fourteenth Amendment ultimately became the heart and soul of the modern American Constitution. Most of the legal battle’s surrounding the United States Bill of Rights have been to make it a truly national document – such that states may not violate its provisions. The Fourteenth Amendment finally made this possible.
In the Tinker v. Des Moines case, the students’ first amendment right was violated. They were not able to express their opinions freely. The first Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise of thereof; or abridging the freedom of speech, or the right of press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances,” (Classifying Arguments in the Cas...
The Constitution lays out the rights and obligations of the newly formed United States government. But, what of the rights and obligations of its citizens? Starting in 1791 only two years after the Constitution was ratified the Constitution began to evolve and this process continues to this day. The first ten amendments to the Constitution are known as the Bill of Rights. This Bill of Rights outlines the protections which citizens have from the government of the United States. The question raised in the title of this paper is; Are the Bill of Rights, written well over 200 years ago still relevant today? Of course they are and probably even more so. To illustrate this fact we will examine each of the ten amendments rewrite each one using common everyday language of today and if possible discuss why this was important in 1791 and why we may or may not need this document in writing today. In restating each amendment I will try to write it as if it is a brand new document, which is a stretch to say the least. With out the struggle of the colonies through war and abuse by the English Monarchy would one have the foresight to see how a government may take for granted the rights of its citizenry?
The First Amendment of the United States gives citizens the five main rights to freedom. Freedom of speech is one of the rights. If people did not have the freedom of speech there would be no way of expressing one’s self and no way to show individuality between beliefs. This Amendment becomes one of the issues in the Tinker v. Des Moines Independent Community School District Supreme Court case that happened in December of 1969. In the case of Tinker v. Des Moines there were five students that got suspended for wearing armbands to protest the Government’s policy in Vietnam. Wearing these armbands was letting the students express their beliefs peacefully. Many people would consider that the school did not have the authority to suspend these petitioners because of the First and Fourteenth Amendments of the United States Constitution.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
For more than 200 years, the First Amendment has been at the heart of United States’ history and most successful research in liberty. The history of America’s nation is the story of the constant struggle to extend the promise of freedom more fully and fairly to each and every citizen. By looking freedom of speech, democratic government is not that important to have it without these rights. People prefer democracy to avoid tyranny or suppression of others. The citizens of the United States need to protect these rights because they are fundamental to the human being to be free, have liberty. What Founding Fathers did is not enough, however, United States’ citizens has to work together for a better place, a better country, a better government.
Constitution needed to clearly outline what the government was not allowed to do. This restraint on government would not allow the possibility of an abuse of power from the government or any of its affiliates. The need for restrictions of the government was also learned from the abuses dealt by British control over Colonial America. With proper representation and laws in hand the Colonies where able to join and defeat the British, thus gaining independence. The very First Amendment provides freedom of religion, speech, and press to allow U.S. citizens to openly criticize any matter, political or not, and not be prosecuted for it. The freedom of defense with firearms allows the citizens to be on equal terms with any force against them is included in the Second Amendment. The protection of privacy of personal living space and belongings are protected by the Third and Fourth Amendments. Clearly the founders of the Constitution had the rights of the people at the forefront of their intentions, and not the potential power they could have gained for
The case also states “A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments” (Tinker v. Des Moines Independent Community School District). Because the students didn 't necessarily disrupt the education process, their First Amendment freedom of speech should not have been violated by the school officials.
The United States constitution has an amendment process that has been included in the Bill of Rights. The amendment allows Americans to make changes on the September 17, 1789 United States Constitution was ratified and made law. The amendment of the Bill of rights has made America to continue growing in prosperity through the years and to become one of the most powerful nations in the world. The United States constitution was created with an amendment in Article V. This amendment process allows the constitution to adapt to the changes in the American society. The amendment process has made it possible for the constitution to change moderately, than being overhauled, and it has been changed to adhere to the current times and changes.
In 1791, the Bill of Rights, consisting of 10 amendments, was ratified into the constitution. The document’s purpose was to spell out the liberties of the people that the government could not infringe upon. Considered necessary by many at the time of its development, the Bill of Rights became the cause for a huge debate between two different factions: The Federalists and the Anti-Federalists. The Federalists were those who thought that there should be a new Union created with a strong centralized government and individual regional governments. They felt that it was not necessary for there to be a bill of rights because it was implied that those rights the Constitution did not specifically state would be handed down to the states. On the other hand, the Anti-Federalists were opposed to such a form of government on the grounds that the Constitution, in which it was outlined, lacked clarity in the protections of the individuals. The Anti-Federalists—whose memory of British oppression was still fresh in their minds—wanted certain rights and guarantees that were to be apart of the constitution (Glasser 1991). A clear demonstration of the Anti-Federalist attitude was performed by Samuel Bryan, who published a series of essays named the ‘Cenitnal Essays,’ which “assailed the sweeping power of the central government, the usurpation of state sovereignty, and the absence of a bill of rights guaranteeing individual liberties such as freedom of speech and freedom of religion (Bran 1986).” Of course, the freedoms stated above are a portion and not the whole of The Bill of Rights. Ultimately, The Bill of Rights was adopted to appease the Anti-Federalists, whose support was necessary to ratify the constitution, and who believed that without the liberties granted therein, the new constitution—that they thought was vague and granted too much power to the central government—would give way to an elite tyrannical government.
The Bill of Rights are the first ten Amendments to the Constitution. The Bill of Rights works to provide constitutional protection for the individual and to limit government power. The First Amendment and the Sixth Amendment protects the individual by allowing religious and political freedom, and by promising a public and speedy trial. The Fourth Amendment protects the individual’s privacy and limits the reach of the government into people’s homes and personal belongings. The three essential Amendments from the Bill of Rights are: the First Amendment- Religious and Political freedom: the Fourth Amendment- Search and Seizure: and the Sixth Amendment-Criminal Court Procedures.
There have been many cases where exceptions have been made over the first amendment, such as in the Tinker vs. Des Moines Community School District Case. Teenagers by the name of Christopher Eckhardt and Mary Beth Tinker had planned to wear black armbands to their school to show their support for a truce in the Vietnam War. When word reached the principle, of Christopher and Mary Beth’s plan to arrive with the black armbands, the principal created a policy stating that, “any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension.” (The Oyez Project). After being kicked out of school, Tinker’s parents sued them but their case was dismissed due to the fact that the first amendment does not grant one the right to express their opinion at any place nor at any time. Another official claimed that the first amendment is not fully guaranteed to children. While the first amendment may be a boon to the United States, it is not always just. There are limitations, and conditions surrounding the first amendment and our freedom of speech. In Tinker’s case, her armband was seen as disruptive, and distracting to other students, justifying the school’s actions against the student of suspending and eventually expelling
But one case came to the supreme court that would act as a precedent for students rights in the future, the famous case of Tinker v. Des Moines, students wore black armbands to protest the Vietnam war. This was considered disruptive and claimed to disrupted the learning environment and as a result the principal suspended them and the students sued and the case went to the supreme court. The court ruled 7-2 in favor of Tinker because the attorneys argued that while wearing the armbands, they were conveying a symbolic message that wasn’t disruptive or distracting. Many courts use this as a foundation for symbolic speech in school. According to Justice Abe Fortas "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." (Tinker v. Des
The right to Life, Liberty, and Security, is one of the most important citizen rights that you can have. With the right to life, it means that any individual has the right to live, and shouldn’t be killed by anyone. With the right to Liberty, it means that we have the right to be free, and do almost anything we want. Lastly, the right to security means that you are guaranteed to be protected the best way possible, while you are in that country. Even though it is just one of many rights, they all fall under the right to freedom. Which everyone just wants the right to do what they want, and to stand up for what they believe in. Everyone should have the right to freedom, as well as the right to life, liberty, and security.We felt that this right was the most important because it summed up the rights that we need as citizens. Like the right to not be enslaved, can count as the right to Life and Liberty. So in our opinion, the right to Life, Liberty, and Security, is the one that should be one of the first applied rights to our lives. The next few paragraphs will describe how we feel on these particular rights, as well as examples of how these rights are being violated all over the world.