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Get Homework Help: A Sample Writing Guide
Sample Article Paper on A Survey of the U.S. Constitution and Bill of Rights
A Survey of the U.S. Constitution and Bill Of Rights
The U.S. Constitution is one of the most important components in the history of the United States. The constitution contains the Bill of Rights. It is important to understand the events surrounding the adoption of both the U.S. Constitution and the Bill of Rights to comprehend the document's motivations. Essentially, the two were not generated through a brainstorming session or from pure creativity, as many people might believe. Rather, they were the result of the Framers' deep study of political philosophy and British history as well as direct responses and fixes to problems that occurred during the colonial and Articles of Confederation periods.
The Original U.S. Constitution of 1787 and the Bill of Rights (Amendments 1-10)
The original U.S. Constitution, signed on September 17, 1787, established America's national government and fundamental laws and guaranteed certain basic rights for American citizens. The Constitution's primary purpose was to create a government with enough power to act on a national level but without so much power that citizens' fundamental rights would be threatened. As noted by Benedict (2016) in The blessings of liberty, the U.S. Constitution has evolved from early America to the present day, with several amendments being part of this evolution. Some of the amendments to the U.S. Constitution became the Bill of Rights. The Bill of Rights encompasses the freedom of religion, speech, and the press; the right to bear arms; the housing of soldiers; protection from unreasonable searches and seizures; protection of rights to life, liberty, and property; rights of accused persons in criminal cases; rights in civil cases; excessive bail, fines, and punishments forbidden; other rights kept by the people; and undelegated powers kept by the states and the people.
Elements of Natural Rights Philosophy and Classical Republicanism
The Natural Rights philosophy holds that a legitimate government must be created and maintained with the consent of the people; the main purpose of government is to protect the Natural Rights of all people, such as life, liberty, and property; the power of government should be limited to maintaining lives, liberties, and property of citizens; and government power is necessary although the design of government should ensure that government power is not used arbitrarily (Smith, 1999). The U.S. Constitution in Article I, section 8 and Article II, section 2 list the powers of Congress and those of the President who head the executive. By listing the powers, the U.S. Constitution limits the powers of government, which is emphasized in the Natural Rights philosophy. On the other hand, classical republicanism emphasizes the community and holds that the primary characteristic of good government is the furtherance of the common welfare (Smith, 1999). It also holds that sovereign authority rests with the people as a whole rather than a person or group of people. This element can be found in the Constitution as seen at the beginning of the preamble, "We the People of the United States…establish this Constitution."
Elements of the English Bill of Rights (1689)
The English Bill of Rights (1689) had a number of concepts that were later included in the First Amendment contained in the U.S. Bill of Rights. For instance, the English Bill of Rights stresses that it is the right of the subjects to petition the king, and all commitments and prosecution for such petitioning are illegal. It also holds that the freedom of speech and debates or proceedings in parliament ought not to be impeached or question in any court of Parliament (Benedict, 2016). These rights were later included in the First Amendment as outlined in the U.S. Bill of Rights that talks about freedom of religion, speech, and the press.
Problems within the Articles of Confederation Government
One of the weaknesses of the Articles of Confederation is that it called for a confederacy that placed sovereign power in the hands of the states. Article II of the Articles of Confederation reads, "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled." This problem was addressed by the U.S. Constitution's Supremacy Clause contained in Article VI, clause 2 (Benedict, 2016). The clause states, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution of Laws of any State to the Contrary notwithstanding."
Both the U.S. Constitution of 1787 and the Bill of Rights were not generated through a brainstorming session or from pure creativity, as many people might believe. They were influenced by elements of the Natural Rights philosophy and classical republicanism and elements of the English Bill of Rights (1689). The U.S. Constitution, in particular, contains fixes for problems with the Articles of Confederation.
Benedict, M. L. (2016). The blessings of liberty: A concise history of the Constitution of the United States (3rd Ed.). Lanham, MD: Rowman & Littlefield.
Smith, D. (1999). An Introduction to the Political Philosophy of the Constitution. Univ. of California, Los Angeles. https://www.civiced.org/papers/political.html
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