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Bill of Rights: An American Idea

Diego R. Marquez
BUS 220
Pima Community College
T. Daniel Browning, MBA
17 October 2018
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Introduction
The founding fathers of the United States were a tenacious and extraordinary group of

individuals who created laws and values we as Americans still hold strongly today and hold dear

to our values. These men founded this country on the principle of freedom and made written

documents to express those freedoms. The Bill of Rights would be the culmination of many

years of countless debate and strife that would lead to a finalized way of how this newly founded

country would operate. The Bill of Rights included the first ten amendments, although seventeen

were originally approved by House then twelve by the Senate, ten of them ended up to be in the

finalized version that would ultimately get ratified and put into effect. (Bill of Rights Institute,

2018 ¶ 5) It was the final piece that was missing to the Declaration of Independence and the

Constitution that guaranteed each citizen their rights. (American Citizen Liberties Union, 2018 ¶

3,4,5)

First Amendment

The first amendment of the bill of rights states, “Congress shall make no law respecting

an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of

speech, or of the press, or the right of the people peaceably to assemble, and to petition the

Government for a redress of grievances.” (Constitution-Facts, 2018 ¶ 5) In summary, this states

Freedom of religion, speech, and the press, as well as rights of assembly and petition. The First

Amendment is arguably the most important of the Bill of Rights. The reason being it protects

some of the most basic rights. Freedom of religion basically means the government may not

force anybody to worship a certain religion or interfere with your beliefs, this a debate that is still

speculated today. Freedom of speech entitles Americans to say express they’re opinions,

provided they do not speak false accusations to ruin some one’s reputation or express intention to
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hurt another person. This today is very controversial because many argue the limits of what

freedom of speech is. Freedom of press allows persons to stay well informed about what is going

on regarding issues while freedom of assembly allows one to join clubs or political parties.

Freedom of petition allows people to express their feelings to the government about what’s

needed. (Explaining The Bill of Rights, 2018 ¶ 9, 10, 12, 13, 14, 15, 16)

The Second Amendment

The Second Amendment firmly states, “A well regulated Militia, being necessary to the

security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

(Constitution-Facts, 2018 ¶ 6) This is commonly referred to the right to bear arms, this may

possibly the amendment most Americans know and most other countries think of when talking

about America, it’s a very unique quality that no other like us has. This is also an amendment

that is controversial today, many argue that laws should be created to regulate the distribution

and ownership of guns while also argue it’s a violation of this amendment. (Explaining The Bill

of Rights, 2018 ¶ 17)

The Third Amendment

“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.” (Constitution-Facts, 2018 ¶

7) That is the Third Amendment stated, also stated as housing of soldiers. This says in times of

peace, citizens won’t ever have to house soldiers without their consent. Before and during the

revolution, British soldiers forced themselves into the houses and of colonist and even ate their

food which outraged many and only strengthened their will to force them out of the colonies.

(Explaining the Bill of Rights, 2018 ¶ 18)

The Fourth Amendment

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This amendment states, “The right of the people to be secure in their persons, houses,

papers, and effects, against unreasonable searches and seizures, shall not be violated, and no

Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly

describing the place to be searched, and the persons or things to be seized.” (Constitution-Facts,

2018 ¶ 8) The Fourth through Eighth Amendments concern people that are accused of crimes

and the rights they’re entitled to. This one in particular talks about protecting citizens from

improper searches and seizures. It also states warrants should be issued by judges detailed what

exactly can be taken from a person’s home or why they’re allowed to enter. (Explaining the Bill

of Rights, 2018 ¶ 19)

The Fift h Amendment

The Fifth Amendment states that, “No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in

cases arising in the land or naval forces, or in the Militia, when in actual service in time of War

or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy

of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be

deprived of life, liberty, or property, without due process of law; nor shall private property be

taken for public use without just compensation.” (Constitution-Facts, 2018 ¶ 9) Also referred to

as the Rights of the Accused, Due Process of the Law, and Eminent Domain. The Rights of the

Accused most famously states that in a crime, the suspect is innocent until proven guilty which

in some countries is the exact opposite. Due Process of the Law says certain legal procedures

must be followed before deciding on a penalty. Finally, Eminent Domain states that when the
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government takes public land they’re required to pay the citizens involved. (Explaining the Bill

of Rights, 2018 ¶ 20, 24, 27)

The Sixth Amendment

Originally stated as, “In all criminal prosecutions, the accused shall enjoy the right to a speedy

and public trial, by an impartial jury of the State and district wherein the crime shall have been

committed; which district shall have been previously ascertained by law, and to be informed of

the nature and cause of the accusation; to be confronted with the witnesses against him; to have

compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for

his defense.” (Constitution-Facts, 2018 ¶ 10) This provides more rights to a fair trial to the

suspect of a crime by an impartial jury which is important and still relevant today, although

under oath, some jury members are unfortunately very biased. This right will also provide the

right for a lawyer to the accused. (Explaining the Bill of Rights, 2018 ¶ 28)

The Seventh Amendment

This amendment was written as, “In Suits at common law, where the value in controversy

shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a

jury shall be otherwise re-examined in any Court of the United States, than according to the rules

of the common law.” (Constitution-Facts, 2018 ¶ 11) This right guarantees that Americans will

receive a jury trial in civil, not criminal court, involving property worth more than $20. Although

this is not brought up unless the property is worth a much larger amount, this is a result of

inflation since 1791. (Explaining the Bill of Rights, 2018 ¶ 30)

The Eighth Amendment

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual

punishments inflicted.” (Constitution-Facts, 2018 ¶ 12) The Eighth Amendment was made to
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protect people from paying bail that is unusually high and also from fines that are also unusually

high. Another key is that it talks about outlawing cruel and unusual punishment such as torture.

Many today argue the death penalty is considered cruel and unusual.

The Ninth and Tenth Amendments

The Ninth Amendment is stated as, “The enumeration in the Constitution of certain rights shall

not be construed to deny or disparage others retained by the people.” While the Tenth is stated

as, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the

States, are reserved to the States respectively, or to the people.” (Constitution-Facts, 2018 ¶

13,14) These two amendments both address the freedom of citizens and the rights of each state.

The Ninth states that the Constitution and the Bill of Rights do not define every single right each

person has such as very basic human rights such as food or water, they exist even if not defined

is what they’re trying to say. The Tenth has a similar concern regarding the rights of the states. It

basically states that states and citizens have powers and not listed item by item, also known as

reserved powers.

Conclusion
These amendments outline each right every citizen should have as an American citizen

while also stating they’re basic rights that are not necessary to mention. This incredibly

important document was largely written by James Maddison and partially inspired by Thomas

Jefferson. It was James Maddison that noticed there was an absence of a constitutional clause

which is what the Declaration of Independence flawed. (Constitution-Laws, 2018 ¶ 1,2) The

United States of America had a profound group of founding fathers that were persistent in

creating a foundation of laws that would be the back bone of American Law for the many years

to come.
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References

Bill of Rights. (n.d.). Retrieved October 16, 2018 from https://billofrightsinstitute.org/founding-

documents/bill-of-rights/

Explaining the Bill of Rights. (n.d.). Retrieved October 16, 2018 from

https://www.scholastic.com/teachers/articles/teaching-content/explaining-bill-rights/

The Bill of Rights: A Brief History. (n.d.). Retrieved October 16, 2018 from

https://www.aclu.org/other/bill-rights-brief-history

U.S. Bill of Rights. (n.d.). Retrieved October 16, 2018 from

https://www.constitutionfacts.com/us-constitution-amendments/bill-of-rights/

Who Wrote The Bill Of Rights - constitution | Laws.com. (n.d.). Retrieved October 16, 2018

from https://constitution.laws.com/who-wrote-the-bill-of-rights