Reflections on Historical Significance of ‘Common Sense’, ‘Notes on the State of Virginia’, ‘The Stamp Act’ and ‘The Bill of Rights’

Thomas Paine marked a seminal moment in 1776 for America’s inevitable departure from Britain, throughout his pamphlet, ‘Common Sense’, which consequently acted as a “clarion call for unity, against the corrupt British court”, despite its print form distribution. The pamphleteer published his work in Philadelphia, signifying his political motivations, as the formation of the Continental Congress in 1774 had encouraged a political movement to sweep across America. Paine’s denouncement of the “decaying despotisms of Europe” were largely reflective of the beliefs held in Colonial America, emanating from the resentment towards the British, after Congress made their final attempt to appease Britain through the Olive Branch Petition. Although, this was dismissed by George III and Parliament, who imposed The Prohibitory Act in response – catalysing a trade and commerce collapse in the colonies.

‘Common Sense’ establishes the central theme of America’s struggle for liberty, shaping Paine’s argument, to unite America – asserting that Paine intended to attract the readership of the colonies, as he viewed his pamphlet as a binding force for revolution. Immediately, Paine employs an assertive tone, “society is produced by our wants, and government by wickedness…” demonstrates Paine’s belief that governments are inherently corrupt, as his deconstruction of government and society as two separate entities reveals his belief that governments lessen the true purpose of society. Furthermore, Paine continues to mock the naivety of the colonists with regards to Britain, claiming “her motive was interest not attachment”, as Britain had blatantly taken advantage of America continuously, yet some colonists continued to be foolish enough to hesitate in declaring America’s inevitable independence. Although, Paine shifts his focus back to the British Monarch, as opposed to continuing to blame the colonists, as the wish for liberty was predominantly universal among the Americans. Paine stated that the “I rejected the hardened, sullen tempered Pharaoh of England”, revealing his attack on King George III through creating a direct parallel of him with Pharaoh Exodus in the bible who prevented the people of Israel leave slavery in Egypt. Paine’s denouncement of the King throughout biblical references caused a stir with some American’s, as they didn’t want to revolt against a divinely appointed Monarchy. Although, Paine seems to omit America’s slow steps towards ‘diffused sovereignty’ during 1774, despite Virginia’s initiative to call for a Continental Congress in Philadelphia. Therefore, Paine’s pamphlet enabled us to understand the issues in America, despite his dismissal of their small efforts to move towards independence.

Thomas Paine’s pamphlet is historically significant, due to being intrinsically associated with the final push for American independence, the Declaration of Independence, issued on the 4th of July 1776. The Declaration of Independence established America’s sovereignty, for instance, all political allegiance with Britain was denied; trade with Britain was curtailed; and there was no end to slavery, despite discussion about it. Thomas Paine’s ‘Common Sense’ was “the most incendiary and popular pamphlet of the entire revolutionary era”. Conclusively, ‘Common Sense reveals’ the radical movement that America was forced to undergo for its independence, due to Britain’s unwillingness to withdraw from the colonies.

Thomas Jefferson’s book, ‘Notes on the State of Virginia’, published in 1781, ultimately expressed his belief that the perfect society had been incarnated by Virginia. However, it is vital to acknowledge that Jefferson’s book was never intended to be published under his name, or come to light in North America, due to its limited publication in Europe. Throughout the book, topics such as economics, religion and liberty surface – however, it could be argued that the most extensive issue that Jefferson discusses is slavery, despite its controversial nature. Jefferson seemed to possess a certain duality with regards to slavery, as he believed that “slavery was contrary to the laws of nature”, which asserted that all men were equal – yet, in 1778, he drafted a Virginia Law to prohibit the importation of enslaved African’s, despite his ‘sympathies’ for them.

Throughout ‘Notes of the State of Virginia’, Jefferson employs defensible language to justify his beliefs regarding the miscegenation of white Americans and enslaved blacks. “Deep rooted prejudices entertained by whites… will divide us into parties and convulsions” Portrays how Jefferson’s book focused upon an audience of white Americans, to spread awareness of their ingrained prejudice towards blacks, due to his belief that their enslavement was anti-democratic – affirmed by his belief that humans are governed by the natural law. On the contrary, despite his progressive attitude, he seems to revel in his own irony, as he continues by justifying white supremacy. “This unfortunate difference of colour… is a powerful obstacle to the emancipation of these people”. Establishes Jefferson’s belief that the two separate communities weren’t able to co-exist due to their inherent differences, as asserted by his belief that blacks were “rendered as incapable as children”. ‘The Notes of the State of Virginia’ encapsulates Jefferson’s ambivalent attitude towards slaves, as his Furthermore, it is significant that Jefferson presents himself as an opponent of slavery throughout his book, considering he “enslaved more than 600 people… and was a lifelong protector of the institution of slavery”. ‘The Notes of the State Virginia’ has acquired substantial historical significance, as it reflects a period of division in America, which could only lead to “a civil war that would destroy the union” – as some Americans were “in favour of abolition”, whilst others were “in favour of perpetuating slavery”. Nevertheless, by 1861, the issues discussed by Jefferson had ruminated, and his predictions regarding slavery became reality, sparking the civil war – thus making Jefferson’s book integral to understanding historical sources regarding the events that unfolded before 1861.

Jefferson’s ‘Notes of the State of Virginia’ essentially anticipated the omnipresent threat of slavery, as its continuation led to tensions among the American’s – due to the irony of America being the land of liberty, whilst endorsing slavery.

In 1791, James Madison appended ‘The Bill of Rights’ in Philadelphia, as America wanted to maintain an egalitarian government. Madison was inspired to draft and adopt The First Ten Amendments by Thomas Jefferson, who believed that “a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, of rest on inference”. Further to this, Madison was also inspired by the Magna Carta, which had granted protection against the abuse of power from royals in the past. Although, on a pragmatic level, the Constitution had catalysed a period of chaos, due to enabling an excess of democracy. For instance, the emergence of the Shay’s Rebellion, in 1786, demonstrated Americas opposition towards “high taxes and stringent economic conditions”, which led to an attempt to overthrow the government, and the realisation that the Articles of Confederation needed to be reformed – although, by 1787, the Constitutional Convention in Philadelphia presented opposition towards the Bill, due to the fear of tyranny. However, ‘the Bill of Rights’ had been ratified by nine states –Virginia’s ratification, on December 15th in 1791, successfully enunciating a sense of law and order, alongside notions of “life, liberty and the pursuit of happiness”.

Immediately, Madison employs assertive and righteous language, to establish a social and political infrastructure for America to abide by – whilst promoting freedom, to deviate from the “despotic English monarchy”. ‘The Bill of Rights’ was intended to be read by the States that refused to ratify the Constitution without one; alongside Americans, as it directly laid out the rights given to them. Madison immediately draws upon “Freedom of speech, Press, Religion and Petition”, highlighting that American’s wouldn’t be controlled by the government, or have their individual rights infringed upon. In terms of pragmatics, Madison was solely concerned with limiting the powers of the United States, to protect individual rights, beliefs and values. However, upon closer inspection of the Bill, it is significant that issue of slavery is overlooked, considering the majority of Congress had opposed its continuation, due to the encouragement of freedom. Albeit, the Bill highlights the mistreatment of slaves and ethnic communities in America, as they were deprived of the same societal structures as white citizens, due to the pressures faced by Congress if the South departed from the United States. Furthermore, Madison omits his fears concerning the salience of ‘the Bill of Rights’, which he considered to be a “parchment barrier”, averred by his belief that American’s liberties would be sucked into the “impetuous vortex” of the government without boundaries, such as checks and balances.

‘The Bill of Rights’ holds a great amount of historical significance, as it was emblematic of America’s quest for liberty, contended by its inextricable ties with the Declaration of Independence. The Amendments essentially gave “the rights of man a full and fair discussion”, which Washington further claimed could not “fail to make a lasting impression”. Although, the significance of ‘the Bill of Rights’ has arguably decayed, as it is now viewed as a piece of irony, due to its advocation of civil rights, alongside its alienation of minority groups; and Madison later challenging the “efficacy of the provision”, which dismissed the effectiveness of his own creation. It may be concluded that ‘The Bill of Rights’ is reflective of the fight for civil rights during its time, although its lack of inclusivity and salience no longer resonates in our present society.

In 1765, the British Parliament imposed “the first internal tax levied directly on American colonists”, as opposed to the continuation of raising money through the regulation of trade, catalysing the publication of The Declaration of Rights of the Stamp Act Congress by delegates from nine of the colonies, who had convened at the Stamp Act Congress. Britain’s introduction of the Stamp Act had forged social and economic strain; the latent resentment towards the mother country began to surface, presented by the emergence of political groups, such as the Sons of Liberty, who were a driving force behind Congress. Although, the source of tension had been rooted in Britain’s determination to charge the colonists for their upkeep and protection since 1764, with the implementation of a Sugar Tax, which was heightened by Lord Grenville’s pursuit for more vigorous measures. As encapsulated by Washington, “The Stamp Act Imposed on the Colonies by the Parliament of Great Britain engrosses… this unconstitutional method of Taxation as a direful attack upon… Liberties”. The Declaration of Rights of the Stamp Act Congress was solely directed towards the British government, and utilised hopeful language to affirm its loyalty to Britain, despite its rejection of the crown’s actions. “Inseperately Essential to the Freedom of a People… that no Taxes be imposed… but with their Consent” Portrays the colonist’s belief that the Stamp Act was unconstitutional, as it exploited the colonies, who began to view themselves as a source of revenue to the British. The inter-colonial movement began to gain momentum with the emergence of the Sons of Liberty, who brought widespread boycotts and violence to Boston and Rhode Island, threatening to thwart the Act – as Parliament had “caused the blood of… Sons of Liberty to recoil within them”. Congress drew upon the British Constitution, which “accorded Englishmen the right of being taxed only by representatives of their own choosing”, and since the colonists had no representation in Parliament, the British had overstepped their constitutional authority – as presented by their right to “no taxation without representation”. By contrast, although the British government weren’t able to impose taxes upon the colonists, Congress failed to reaffirm that Britain’s power to pass laws over the colonists presided – as presented by the Declaratory Act of 1776, which dismissed America’s effort to claim diffused sovereignty over itself. Further to this, The Declaration of Rights of the Stamp Act Congress pretermitted its knowledge of the Stamp Act, which had been discussed for over a year and rejected by most colonies – “but not vehemently enough to prevent Westminister from eventually passing the bill”.

The Stamp Act Congress holds great historical significance, as it was the first example of intercolonial action against the British Parliament, as the “issues raised by the Stamp Act festered for 10 years”, catalysing America’s inevitable separation from the crown – as the colonists recognised that the power they held could be revolutionary. In essence, the Declaration of Rights of the Stamp Act Congress revealed America’s slow steps to gaining sovereignty over itself, through its rejection of the crown.

Why Is the Bill of Rights Important Today: Reflective Essay

As most Americans know, the Bill of Rights is the preliminary ten alterations to our Constitution that offer each and every resident positive rights that the central authorities may no longer disregard or remove. These rights include the privilege of a realistic preliminary, carrying weapons, the right to talk freely of discourse and religion, and individual privacy freedom. The Bill of Rights defines obstacles to what the public authority can do and explicitly archives the forces that individuals may not provide universal control. Be that as it may, I believe that the Bill of Rights has not lost its relevance today and continues to affect our day-to-day lives.

Today, as an excessive schooler, whilst I know in principle these rights, I do not know I can clearly draw close to what having these rights implies. Why? Since I have not wanted to encounter what our Founding Fathers experienced. I have now not wanted to fight for my probability to discuss transparently, to defend my domestic from wild hunt and seizure, or to be tossed behind bars without lifelike justification. I, like most youngsters, have pretty lately recounted this as a piece of my day-by-day life. It is in simple terms one extra ‘qualification’ in what most name an ‘entitled’ age. This ‘entitled’ age needs to now stand, pay heed, and apprehend that these rights are not to be underestimated. A few of our privileges have been examined in the United States’ interior and backyard for the last while. From the choice to carry weapons, whether same-sex marriage is dangerous or is secured by using the First Amendment, to whether or not the United States can ensure Amanda Knox is below the Fifth Amendment, the Bill of Rights is below ordinary examination. In any case, in what different nation would you be allowed to tackle or talk about these points differently than the United States? Our First Amendment rights are unimaginable by using those in numerous countries. We can compose, blog, text, Facebook, tweet, and Instagram almost whatever goes to our brains except dreading the public authority. Our greatest dread is that our people will dispose of our cell phones.

When you consider the massive picture, how unfathomable is it that the Founding Fathers composed such far-reaching rights that would, in any case, be cloth consistently greater than 200 years after the fact? These rights give each one of us the gain to rise on with a daily existence liberated from dread, mistreatment, vulnerability, and separation. The Bill of Rights was composed to defend American residents from public authority. This everyday insurance plan even now empowers all of us to live the American Dream regarded by using our Founding Fathers.

General Overview of Areopagitica, Habeas Corpus Act, British Bill of Rights, Second Treatise on Government

Questions for Areopagitica (John Milton)

· Which, according to Milton, is worse, destroying a book or destroying a human being? Why?

To destroy a book is worse than to destroy a human being according to Milton. He thought the burning of a book is the same as killing the thought of god. He also thought the demolition of a book would be like killing purpose and existence. Milton believed that if a person has created a book it contains ideas/ thoughts of God and its creation and if you damage it you destroy what God has made.

· What is censorship? Find a specific definition of censorship and discuss it.

Censorship is “the changing or the suppression or prohibition of speech or writing that is deemed subversive of the common good” (Anastaplo). This basically means that censorship is the government officially composed restrictions. Sometimes, censorship is necessary and sometimes not, for example, censorship is needed when a little kid is watching a show in which there are curse words to avoid them from learning bad words. But censorship isn’t necessary when someone’s freedom of speech is being limited.

· Why did Milton write this essay? Discuss, and give specifics.

Milton composed his work owing to the new law passed by parliament. This new law required that each book be approved by an official censor before it might be published somewhat. Milton wrote this essay in order to guide the parliament to abolish the regulations. Also, he wrote this essay to explain the parliament that censorship is limiting the freedom of speech.

· What are Milton’s arguments against censorship?

In Milton’s essay, there are ten arguments are provided against censorship. But the main argument is that censorship was not part of the ancient Greek/Roman society. The theme of Milton’s work is that no matter if a book has censorship or not it can’t be destroyed. Not only that but he also justifies why it shouldn’t be destroyed. AAAAA

· Do Milton’s arguments have relevance today? Explain, using a specific modern-day example.

Milton’s arguments are society are still relevant today. Even though John Milton isn’t alive today, his arguments are still alive. Today it is becoming a huge problem as people are fighting for the freedom of speech or censorship. An example is YouTube because whenever a person posted a video on it which contained bad/curse words or inappropriate content, they either took the video down or censored. Many YouTubers tried to call it the violation of freedom of speech but it was a fail. Not only that but there was a case where a person posted an educational video about the holocaust but it was censored because YouTube wanted to stop hate speech (Schulman). This shows that the problem with censorship is still alive and that people still argue over it.

Questions for the Habeas Corpus Act

· What is meant by ‘habeas corpus’?

It is accurately meant by ‘habeas corpus’ either to produce the body, to hold the body or to have the body. It is a court order that directs law enforcement officers who are in custody over the prisoner to appear with the prisoner in court to help the judge determine whether or not the prisoner is convicted of the crime. Not only that but at any point the inmate has the chance, under this law, to have their case checked if they wish.

· Why is the writ of habeas corpus so important in the Western legal tradition?

Writ of habeas corpus is very important to the western legal tradition because whoever is acting on behalf of the inmate can abide by a judge and the judge will issue a writ. A writ is a court order where a judge orders something. The writ of habeas corpus says that the authorities must bring the person before the judge, and then he/she will ask hard questions about why this person is being held. The authorities have to convince the judge that they have a literate reason for holding this person.

Questions for the British Bill of Rights (1689)

· What was the background to the English Bill of Rights? (What events led to it?)

There are many events that led to the creation of the English bill of Rights. For example, the parliament passed a law that ensured that taxes couldn’t be enforced without the consent of people and the civil war happening in England. Not only that but the king was executed which led to monarchy gaining power. All this led to James II taking the throne and passing the English Bill of Rights.

· In what ways does the Bill of Rights restrict the power of the king?

The Bill of Rights restricts the power of the king by giving people the power to overthrow the king. Additionally, under the bill of rights, the kings cannot do as he pleases, instead, the king has to do as the people say. The king had to listen to the complaints of the people and find a solution for them. Also, under it, the king can’t take advantage of its power because it is limited. This was an advantage for the people as they had a fair say in what was happening in their country.

· What is the significance of the Bill of Rights for England, and for America? Do you see similarities? Explain.

The Bill of Rights for England is significant due to the fact it gives people the right to overthrow and it confined the ability of the king and queen. The Bill of Rights contributed to the first ten reforms inside the Americas. The English Bill of Rights and the American Bill of Rights gave people the right to be free from the state. Some examples of the similarities encompass the reality that they both offer the people the power to abolish the government’s leader (King or Queen).

· How did the English system differ from French practice between 1689 and 1789? (i.e. constitutionalism vs. absolutism)

The English system was different from the French practice between 1689 and 1789. In, France during the specific period, they had royal absolutism where there was no institutional check for the king’s authority. But on the other hand, England during this time was a constitutional monarchy, which is the opposite of absolutism. It had a check on the king’s power and what it could and couldn’t do. Not only that but also the Bill of rights limited the power of the crown (Queen/King).

Questions for the Second Treatise on Government (1690)

· How does John Locke justify the overthrow of royal authority?

John Locke defends the overthrow of royal authority by convincing people into overthrowing the government by rebelling. The wanted to get rid of absolute 0power.AAA

· What is the state of nature? What are the potential “problems” with it?

The state of nature means that all men are free ‘to order their action, and dispose of their possessions and persons, as they think fit.’ Locke believed that ‘no one ought to harm another in his life, liberty, and property,’ if one did do a bad dead they were to be punished (‘Internet History Sourcebooks’).

· What, for Locke, is the chief “end” of political association (i.e. the reason for government)?

According to Locke the chief end of political association is when people rebel against the government and attempt to protect themselves and their country from destruction because of bad and irresponsible leaders. He also believes that the political group will end when people want to get rid of the leader. By stating this he wants people to understand how to protect their country. ADD

· What importance does John Locke have for later events in America? Explain, giving specific examples.

In later events in America, Locke became a very influential person by creating a model during the founding of the US. Locke established a foundation for the government which rules the US today. Locke argued that the government’s duty was to protect the nation’s people’s natural rights which included life, liberty, and property. If the people felt that the ruler has failed to protect the people’s natural rights then they should have the power to overthrow the government. Not only was that but his thought of “life, liberty, and property” later used in the US constitution as ‘life liberty, and pursuit of happiness.’

Citations:

  1. Anastaplo, George. ‘Censorship | Definition, History, Types, & Examples’. Encyclopedia Britannica, 2018, https://www.britannica.com/topic/censorship. Accessed 1 Feb 2020.
  2. Schulman, Marc. ‘Youtube Wants To Fight Hate Speech. So It Censored My Educational Video About The Holocaust | Opinion’. Newsweek, 2019, https://www.newsweek.com/youtube-holocaust-censorship-hate-speech-google-facebook-1444090. Accessed 1 Feb 2020.
  3. ‘Internet History Sourcebooks’. Fordham.Edu, http://www.fordham.edu/halsall/mod/1690locke-sel.asp. Accessed 1 Feb 2020.

Case Study of George Stinney Based on the Bill of Rights

Watching George’ case in this video, I feel sad for what happened to him. It is unfair for him to be charged with murder and be sentenced to death. And the result is heavily against the federal constitution and the judiciary of USA.

In the federal constitution, the first amendment of Bill of rights decided that individual has their right to speak, which means that they can express their views freely and defend for themselves as their will. And, they can choose to keep in silence when others, like authorities are questioning them. But in this case, all I could see is that everyone who’ s in charge refused to listen to this 14-year-old teenager and acted in a hurry to force him to accept the result. When this boy said he was innocent, his opinion was totally ignored. And the lawyer, from the white community, was selected to defend for this boy. From the latest discovery, this lawyer may actually be related with the murder’s rich family. It is more likely that the murder was a white person.

Also, in the fourth amendment of Bill of rights, there is content about the right procedure of giving search warrants to civilians. It is said that without certain evidence and the permission of the jury, search warrants will not work or to be sent to civilians. In the part about detention, there is a same rule to decide whether a person can be kept in prison. In this boy’s case, it is unusual to see the abuse of rights in the arrest. Little George was taken from his guardian and all his guardians were threatened not to participate in this case. They are driven away to places far from South Carolina. George was said to kill two girls of his age, but in the pictures, we can see that he was so weak to carry bodies. At least, I don’t believe that a boy of thirteen can kill others or know he needs to hide their bodies after they were died.

About the death sentence, there is clear regulation in the fifth amendment in Bill of rights: Only the Grand jury has the right to sentence a civilian’s death. However, in this case, the jury of South Carolina, a basic level court can kill a boy and execute him in the next day of the sentence was given. And in this case, it only took the trial for two and a half hours to decide whether to kill a little boy. They didn’t send this case to the Grand jury based on the requirement that all major crimes are needed to be passed to the Grand jury and ask for their suggestion. I was so touched by the despair in this boy’s eyes since he knew that no one could help him. It was more ridiculous that to prove he is guilty, the police used their own police officers as the witnesses and provide testimony. This truly disobeyed the process of acting jurisdictions.

Said by the constitution in the first amendments in1791 that everyone has the right to vote. But back to 1944, African Americans’ right to vote are ignored by entire nation so no jury from the black could appear, this leaded to a result that they had no legal weapons to protect themselves from wrong charges at that time. No wonder why this boy had no one on juries on his back.

Except the previous amendments, the fifteenth amendments can also show that how unjust the court and the police of the South Carolina were. In this amendment, It was regulated that the government should admit people of color share the same right to vote like white persons. No discriminations are allowed during this process, and the result must be admitted.

In the rest seven amendments other that Bill of rights, like the twenty-sixth amendment, it is said that the government should not deny a civilian’s right to vote when they arrived the age of eighteen. In my knowings, this means that a black person, when he or she arrives eighteen, he or she can vote, so he or she can be a jury. However, it seems that the black couldn’t of that time.

The action of the judge was also unacceptable. There is a trend that the American laws were amended to respect human’s rights and call for equality in rights. But the judge, even though he already knew that the case he was dealing with was involved with a boy under age and the murder was a severe murder case, which needed more consideration, he still decided his sentence according to an unreliable evidence and chose to ignore the unreasonable fact behind this case. And in the eighth amendment, heavy penalties are prohibited to be put on criminals. Death sentence should not be abused in this case because this criminal is a little boy.

In conclusion, Little George’s case was only a ‘atrocity’ which could be avoided by acting the amendments rightly. The court, the jury, the police, all contribute the death of this innocent young child by offending the US constitutions. But thinking of the situation of his time, I see how had it was to save him from a nationwide injustice and discriminations. But I believe with more speculations over the abuse of authorities, and the open air for different races in present, America can learn lessons from George’s case and never do the same wrong again.

The Environmental Bill of Rights (EBR): Argumentative Essay

The Environmental Bill of Rights Project

The Environmental Bill of Rights (EBR) is one of the most significant environmental laws of our time that protect and conserve the environment. The EBR recognizes that while the government has the primary responsibility for protecting, conserving and restoring the natural environment, the people of any country has the right to participate in government decisions about the environment and the right to hold the government accountable for those decisions.

Each student will summarize the EPR documents. In this assignment, students will add to or modify the EBR document in a way to fit into the UAE legislation.

1.0 Introduction:

If you want to exercise your right to participate in environmental decision-making, then you need to read this book and this guide, the Environmental Bill of Rights (EBR), which enacted in 1993 in Canada, specifically in Ontario, passed by the legislature of Ontario . It is the best way to involve all the people citizens and residents to participate, in any environmental decision because it guarantees the right of everyone to do that. It includes our rights to recognize and comment on the laws and policies that may possibly impact our environment and communities. It also gives individuals the rights to request an investigation if any environmental law is violated and to ask the government or the ministry to review if the law could be improved to protect the environment in a better way. That’s why I think that this is the best time to present and to share a review on how important is the EBR, and to ensure it is upheld and implemented properly or not.

Many countries have done the same thing or something similar to the EBR but can have names other than this. While others don’t have any environmental rights legislation or laws. The main objective of this paper is to summarize the guide to exercising rights in EBR and how it works, in addition to looking at its applicability in the UAE and its effectiveness.

2.0 Identification of the main issue:

2.1 What is the EBR?

The Environmental Bill of Rights established in 1993 in Canada, but it was enacted in 1994. The main purpose of it was to protect and conserve the environment in addition to protecting the right of Ontario residents to live in a healthful environment, by preventing or reducing any released pollutants that may be harmful to the environment as well as the health . It also conserves and manages Ontario’s natural resources, which include plant and animal life. Furthermore and what differentiates the EBR, is that it gives the opportunity for the people to involve and participate to give their ideas, solutions, and decisions to make the environment a better place to live in. They can help in making a change with government assistance, and help in developing strategies and policies that protect the environment from any risks and threats. To achieve these goals, the EBR provides all the tools necessary for residents to participate in government environmental decisions and can hold the government accountable for its decisions. It also provides residents with access to the courts to protect the environment and ensures their protection against anyone who may impede their access to the courts. Moreover, it is important to take in consideration that the EBR designed the process and the residents, government ministries, and the ECO must follow when the rights of the EBR are exercised.

2.2 How the EBR Works?

Every resident of Ontario is entitled to participate, under the EPR For example, if a person saw or witness a discharge of waste or dumping outside the designated areas, or the residents of an area were concerned about the presence of an industrial facility near a residential area, they have the right to report any of these actions in the ministries subject to the EBR which include: Ministry of Agriculture, Food and Rural Affairs (OMAFRA), Ministry of Aboriginal Affairs (MAA), or Ministry of the Environment and Climate Change (MOECC). Citizens and ministries should also be aware of a number of things to exercise their rights easily. For example, there is what called Statement of environmental values (SEVs), which is required of all ministries and their employees as a guide to them and guiding them in making decisions about policies and regulations that may affect the environment. The SEV should explain how the ministry will take the environment into consideration when making a decision, how the ministry will apply the purposes of the EBR, and how the ministry will integrate its environmental values with social, economic and scientific considerations when it makes environmentally significant decisions.

Also, the EBR established the Environmental Registry, which is an online database that provides public access to information about environmentally significant proposals and decisions made by the Ontario government. Ministries provide an opportunity for the public to submit comments on such proposals. And this is applicable in the United Arab Emirates. There is an online website called ‘Sharik’, established by the UAE Government to keep the public informed and consult them on all issues that affect them.

3.0 Analysis and Evaluation

3.1 Exercising Your EBR Rights:

The EBR gives people a way to help in shaping the environmental policies, acts, and regulations in order to protect the environment. Therefore, they have the right to receive notification and comment on the government’s environmental proposals from the beginning.

3.1.1 How to comment on a proposal posted on the environmental registry:

In order to comment on a proposal, there are a specific processes to follow in posting an environmental significant proposal. Firstly, A proposal is posted by a ministry on the Environmental Registry, and it shows all the policies and regulations and their updates, so they are available to everyone, and the people can easily review and comment on the updates in a specific time (about 30 days). After that, the ministry will review the comments then they will decide according to people agreement. In this point, ministries should review each individual comment in order to successfully make a choice.

3.1.2 How to Appeal Ministry Decisions on Instruments:

There are five ministries that classify instruments according to their environmental significance, and they give permits and licenses for factories these ministries are: Ministry of the Environment and Climate Change, Ministry of Government and Consumer Services, Ministry of Municipal Affairs and Housing Ministry of Natural Resources and Forestry and Ministry of Northern Development and Mines. In the UAE there is something similar to that and it is applied which is “Trakhees”.

3.1.3 Application for review and investigation:

People can request for new decision to be reviewed, for any decision that can cause harm to the environment, with new evidence, for example: if someone wants the government to review clean air standards to ensure they are strong enough. The ministry can decide based on the evidence that is collected. Also, people have the right to ask for an investigation if there is any harmful action for the environment, for example, If there is an oil spill in the ocean which is harmful to the marine life and damage the environment, people can ask the ministry to open an investigation, and they have to collect evidence and apply a detailed application that includes all the information about the environmental violence.

3.1.4 Sue to protect a public resource and Nuisance:

Citizens have the right to sue a party for harming the environment or breaching the environmental regulations. Individuals have no right to sue for harming a public source receive any personal rewards. It should be only done for the benefit of the public and the protection of the source.

Citizens have the right to sue for any damages or loss resulting of public nuisance causing harm to the environment. For example, a person facing damages due to widespread air pollution can sue for damages. There are no requirements to get the consent of the Attorney’s General. However, farmers who wish to sue for public nuisance have to obtain the approval of Normal Farm Practices Protection Board. Otherwise, they cannot sue for any harm caused by nuisance under the Farming and Food Production Protection Act in 1998.

Employees who are exposed to environmentally harmful activities and forced to work under these circumstances may sue their employer without the fear of reprisal. Employees are protected from the harm, dismissal, or penalization that could be done by their employer. They are also entitled to the protection when they do not follow the words of their employer to obey the laws.

5.0 Conclusion:

To sum up, Environmental Bill of Right help in ensuring the right of people to give their opinion and participate in taking a new decision that can positively improve the environment, so if we see or know any actions that could harm our environment, we can play a role to stop these actions. In addition, I suggest that this document (the EBR), be applied and used because it is concerned with ensuring the right of people to protect the environment and will contribute greatly to preserving and not depleting our environment. It can also be applied in the UAE because it is very interested in contributing to not harm our environment and because people can also participate in it. Also, to offer the EBR in different languages.

References:

  1. Ontario’s Environmental Bill of Rights and You (1993). An Introduction to the Environmental Bill of Rights. Toronto: Government of Ontario. Retrieved from https://media.assets.eco.on.ca/web/2016/03/EBR_2015_April15_2016_englishweb.pdf
  2. Sharik.ae (2011), Retrieved from :https://www.government.ae/en/participate/consultations https://media.assets.eco.on.ca/web/2016/03/EBR_2015_April15_2016_englishweb.pdf
  3. https://www.government.ae/en/participate/consultations

Case Study of George Stinney Based on the Bill of Rights

Watching George’ case in this video, I feel sad for what happened to him. It is unfair for him to be charged with murder and be sentenced to death. And the result is heavily against the federal constitution and the judiciary of USA.

In the federal constitution, the first amendment of Bill of rights decided that individual has their right to speak, which means that they can express their views freely and defend for themselves as their will. And, they can choose to keep in silence when others, like authorities are questioning them. But in this case, all I could see is that everyone who’ s in charge refused to listen to this 14-year-old teenager and acted in a hurry to force him to accept the result. When this boy said he was innocent, his opinion was totally ignored. And the lawyer, from the white community, was selected to defend for this boy. From the latest discovery, this lawyer may actually be related with the murder’s rich family. It is more likely that the murder was a white person.

Also, in the fourth amendment of Bill of rights, there is content about the right procedure of giving search warrants to civilians. It is said that without certain evidence and the permission of the jury, search warrants will not work or to be sent to civilians. In the part about detention, there is a same rule to decide whether a person can be kept in prison. In this boy’s case, it is unusual to see the abuse of rights in the arrest. Little George was taken from his guardian and all his guardians were threatened not to participate in this case. They are driven away to places far from South Carolina. George was said to kill two girls of his age, but in the pictures, we can see that he was so weak to carry bodies. At least, I don’t believe that a boy of thirteen can kill others or know he needs to hide their bodies after they were died.

About the death sentence, there is clear regulation in the fifth amendment in Bill of rights: Only the Grand jury has the right to sentence a civilian’s death. However, in this case, the jury of South Carolina, a basic level court can kill a boy and execute him in the next day of the sentence was given. And in this case, it only took the trial for two and a half hours to decide whether to kill a little boy. They didn’t send this case to the Grand jury based on the requirement that all major crimes are needed to be passed to the Grand jury and ask for their suggestion. I was so touched by the despair in this boy’s eyes since he knew that no one could help him. It was more ridiculous that to prove he is guilty, the police used their own police officers as the witnesses and provide testimony. This truly disobeyed the process of acting jurisdictions.

Said by the constitution in the first amendments in1791 that everyone has the right to vote. But back to 1944, African Americans’ right to vote are ignored by entire nation so no jury from the black could appear, this leaded to a result that they had no legal weapons to protect themselves from wrong charges at that time. No wonder why this boy had no one on juries on his back.

Except the previous amendments, the fifteenth amendments can also show that how unjust the court and the police of the South Carolina were. In this amendment, It was regulated that the government should admit people of color share the same right to vote like white persons. No discriminations are allowed during this process, and the result must be admitted.

In the rest seven amendments other that Bill of rights, like the twenty-sixth amendment, it is said that the government should not deny a civilian’s right to vote when they arrived the age of eighteen. In my knowings, this means that a black person, when he or she arrives eighteen, he or she can vote, so he or she can be a jury. However, it seems that the black couldn’t of that time.

The action of the judge was also unacceptable. There is a trend that the American laws were amended to respect human’s rights and call for equality in rights. But the judge, even though he already knew that the case he was dealing with was involved with a boy under age and the murder was a severe murder case, which needed more consideration, he still decided his sentence according to an unreliable evidence and chose to ignore the unreasonable fact behind this case. And in the eighth amendment, heavy penalties are prohibited to be put on criminals. Death sentence should not be abused in this case because this criminal is a little boy.

In conclusion, Little George’s case was only a ‘atrocity’ which could be avoided by acting the amendments rightly. The court, the jury, the police, all contribute the death of this innocent young child by offending the US constitutions. But thinking of the situation of his time, I see how had it was to save him from a nationwide injustice and discriminations. But I believe with more speculations over the abuse of authorities, and the open air for different races in present, America can learn lessons from George’s case and never do the same wrong again.

The Environmental Bill of Rights (EBR): Argumentative Essay

The Environmental Bill of Rights Project

The Environmental Bill of Rights (EBR) is one of the most significant environmental laws of our time that protect and conserve the environment. The EBR recognizes that while the government has the primary responsibility for protecting, conserving and restoring the natural environment, the people of any country has the right to participate in government decisions about the environment and the right to hold the government accountable for those decisions.

Each student will summarize the EPR documents. In this assignment, students will add to or modify the EBR document in a way to fit into the UAE legislation.

1.0 Introduction:

If you want to exercise your right to participate in environmental decision-making, then you need to read this book and this guide, the Environmental Bill of Rights (EBR), which enacted in 1993 in Canada, specifically in Ontario, passed by the legislature of Ontario . It is the best way to involve all the people citizens and residents to participate, in any environmental decision because it guarantees the right of everyone to do that. It includes our rights to recognize and comment on the laws and policies that may possibly impact our environment and communities. It also gives individuals the rights to request an investigation if any environmental law is violated and to ask the government or the ministry to review if the law could be improved to protect the environment in a better way. That’s why I think that this is the best time to present and to share a review on how important is the EBR, and to ensure it is upheld and implemented properly or not.

Many countries have done the same thing or something similar to the EBR but can have names other than this. While others don’t have any environmental rights legislation or laws. The main objective of this paper is to summarize the guide to exercising rights in EBR and how it works, in addition to looking at its applicability in the UAE and its effectiveness.

2.0 Identification of the main issue:

2.1 What is the EBR?

The Environmental Bill of Rights established in 1993 in Canada, but it was enacted in 1994. The main purpose of it was to protect and conserve the environment in addition to protecting the right of Ontario residents to live in a healthful environment, by preventing or reducing any released pollutants that may be harmful to the environment as well as the health . It also conserves and manages Ontario’s natural resources, which include plant and animal life. Furthermore and what differentiates the EBR, is that it gives the opportunity for the people to involve and participate to give their ideas, solutions, and decisions to make the environment a better place to live in. They can help in making a change with government assistance, and help in developing strategies and policies that protect the environment from any risks and threats. To achieve these goals, the EBR provides all the tools necessary for residents to participate in government environmental decisions and can hold the government accountable for its decisions. It also provides residents with access to the courts to protect the environment and ensures their protection against anyone who may impede their access to the courts. Moreover, it is important to take in consideration that the EBR designed the process and the residents, government ministries, and the ECO must follow when the rights of the EBR are exercised.

2.2 How the EBR Works?

Every resident of Ontario is entitled to participate, under the EPR For example, if a person saw or witness a discharge of waste or dumping outside the designated areas, or the residents of an area were concerned about the presence of an industrial facility near a residential area, they have the right to report any of these actions in the ministries subject to the EBR which include: Ministry of Agriculture, Food and Rural Affairs (OMAFRA), Ministry of Aboriginal Affairs (MAA), or Ministry of the Environment and Climate Change (MOECC). Citizens and ministries should also be aware of a number of things to exercise their rights easily. For example, there is what called Statement of environmental values (SEVs), which is required of all ministries and their employees as a guide to them and guiding them in making decisions about policies and regulations that may affect the environment. The SEV should explain how the ministry will take the environment into consideration when making a decision, how the ministry will apply the purposes of the EBR, and how the ministry will integrate its environmental values with social, economic and scientific considerations when it makes environmentally significant decisions.

Also, the EBR established the Environmental Registry, which is an online database that provides public access to information about environmentally significant proposals and decisions made by the Ontario government. Ministries provide an opportunity for the public to submit comments on such proposals. And this is applicable in the United Arab Emirates. There is an online website called ‘Sharik’, established by the UAE Government to keep the public informed and consult them on all issues that affect them.

3.0 Analysis and Evaluation

3.1 Exercising Your EBR Rights:

The EBR gives people a way to help in shaping the environmental policies, acts, and regulations in order to protect the environment. Therefore, they have the right to receive notification and comment on the government’s environmental proposals from the beginning.

3.1.1 How to comment on a proposal posted on the environmental registry:

In order to comment on a proposal, there are a specific processes to follow in posting an environmental significant proposal. Firstly, A proposal is posted by a ministry on the Environmental Registry, and it shows all the policies and regulations and their updates, so they are available to everyone, and the people can easily review and comment on the updates in a specific time (about 30 days). After that, the ministry will review the comments then they will decide according to people agreement. In this point, ministries should review each individual comment in order to successfully make a choice.

3.1.2 How to Appeal Ministry Decisions on Instruments:

There are five ministries that classify instruments according to their environmental significance, and they give permits and licenses for factories these ministries are: Ministry of the Environment and Climate Change, Ministry of Government and Consumer Services, Ministry of Municipal Affairs and Housing Ministry of Natural Resources and Forestry and Ministry of Northern Development and Mines. In the UAE there is something similar to that and it is applied which is “Trakhees”.

3.1.3 Application for review and investigation:

People can request for new decision to be reviewed, for any decision that can cause harm to the environment, with new evidence, for example: if someone wants the government to review clean air standards to ensure they are strong enough. The ministry can decide based on the evidence that is collected. Also, people have the right to ask for an investigation if there is any harmful action for the environment, for example, If there is an oil spill in the ocean which is harmful to the marine life and damage the environment, people can ask the ministry to open an investigation, and they have to collect evidence and apply a detailed application that includes all the information about the environmental violence.

3.1.4 Sue to protect a public resource and Nuisance:

Citizens have the right to sue a party for harming the environment or breaching the environmental regulations. Individuals have no right to sue for harming a public source receive any personal rewards. It should be only done for the benefit of the public and the protection of the source.

Citizens have the right to sue for any damages or loss resulting of public nuisance causing harm to the environment. For example, a person facing damages due to widespread air pollution can sue for damages. There are no requirements to get the consent of the Attorney’s General. However, farmers who wish to sue for public nuisance have to obtain the approval of Normal Farm Practices Protection Board. Otherwise, they cannot sue for any harm caused by nuisance under the Farming and Food Production Protection Act in 1998.

Employees who are exposed to environmentally harmful activities and forced to work under these circumstances may sue their employer without the fear of reprisal. Employees are protected from the harm, dismissal, or penalization that could be done by their employer. They are also entitled to the protection when they do not follow the words of their employer to obey the laws.

5.0 Conclusion:

To sum up, Environmental Bill of Right help in ensuring the right of people to give their opinion and participate in taking a new decision that can positively improve the environment, so if we see or know any actions that could harm our environment, we can play a role to stop these actions. In addition, I suggest that this document (the EBR), be applied and used because it is concerned with ensuring the right of people to protect the environment and will contribute greatly to preserving and not depleting our environment. It can also be applied in the UAE because it is very interested in contributing to not harm our environment and because people can also participate in it. Also, to offer the EBR in different languages.

References:

  1. Ontario’s Environmental Bill of Rights and You (1993). An Introduction to the Environmental Bill of Rights. Toronto: Government of Ontario. Retrieved from https://media.assets.eco.on.ca/web/2016/03/EBR_2015_April15_2016_englishweb.pdf
  2. Sharik.ae (2011), Retrieved from :https://www.government.ae/en/participate/consultations https://media.assets.eco.on.ca/web/2016/03/EBR_2015_April15_2016_englishweb.pdf
  3. https://www.government.ae/en/participate/consultations

Right to Bear Arms Essay

Why is the Right to Bear Arms Important Essay

Imagine someone is sitting in his living room one day after work, with his feet kicked up and an ice cold sweet tea in his hand. Then all of a sudden, he hears the noise of a creaky front door opening. He runs to his bedroom and reaches into the closet for his shotgun, but then he realizes that Congress passed legislation last month and confiscated all firearms in the country. The robber has a gun; because the gun is unregistered, the police did not know he had it and could not take it away. He has no way to defend himself and the robber finds and kills him. Americans not only have the right to carry a firearm, but they have a responsibility to participate in the second amendment. Just this year alone, 2182 people have been shot in Chicago, 374 of which have died (HeyJackass!). If stricter gun laws were put in place, would this solve the issue? Gun control is unconstitutional because it limits the public’s right to defend themselves and their families, it deters crime, and it is not an effective way to reduce gun crime.

Your right to bear arms is important. Our founding fathers made it a point by putting it in the Bill of Rights. The purpose of the Second Amendment is so that Americans will have the ability to protect themselves and their families from threats such as burglars and murderers. If the government takes away our firearms then only criminals will have firearms. Gun ownership deters crime. Basic gun laws like banning of so-called assault rifles like the popular AR-15 and the AK-47 can give the government a chance to ban all firearms, and take away our right to defend ourselves from tyrannical governments that we fled from and drove out of our beautiful land. The constitution states “…a well regulated militia being necessary to the security to the free state, the rights of the people shall not be infringed” (Lee and Sting l). This should be interpreted as any gun law is an infringement as long as it takes away firearms from sane, good citizens(Lee and Stingl). Gun control has been tossed around in the past presidential elections and in current debates. Politicians are just using gun control as a way to grab support from the far left and liberals. If these gun grabbing politicians get elected, they will not be able to take away guns without support from congress. These presidential candidates are basically lying to you to get your vote. It is highly unlikely that they will get their agenda passed through both houses of congress and take away the Second Amendment right (Lee and Sting l).

Gun ownership deters crime. This is a proven fact, that many would-be muggers or burglars have been chased off or killed by gun owners. Gun control laws could prevent citizens from protecting themselves from foreign and domestic invaders. The second amendment ensures your right to defend yourself with firearms, and that ensures that you have the best chance of survival. It is proven that in most home invasions gone wrong, the police can not get there fast enough, but this could be solved with the use of firearms. Nearly 80 percent of gun owners feel safer because they have the ability to protect themselves (Gun Control). “It is better to have a firearm and not need it than to need one and not have it, ” says Cindy Chester, a victim of a violent crime, who wishes she would have had a firearm to protect herself. Armed civilians can stop crimes and are more likely to make dangerous situations, including mass shootings, less deadly. Most mass shootings are in public places where people aren’t supposed to have guns in the first place like schools and concerts, with that being said, a law abiding citizen that would stop a would be shooter cannot bring their firearm into that place. For this reason, teachers with proper firearm training and annual mental health checks should be able to carry a firearm in schools (Lee and Stingl). With this last point being said, armed civilians can react quicker than police because they are already on the scene. This is why your second amendment and the right to concealed carry is so important.

Gun control will not be able to prevent violent crimes committed with firearms. In big populated cities such as Chicago and washington d.c. with the strictest gun laws in the country, the gun violence rates are much higher than states with more lenient gun laws. This is a proven fact because most of the crimes are committed with unregistered firearms(Gun Control). In 2011, 83% of murders in chicago were committed with firearms, and the gun laws in place did nothing to stop this. Countries like Mexico, Canada, The UK, Germany and Japan have the strictest gun laws in the world, but still account for the majority of gun violence in the world.(OpenSecrets).

In Mexico alone, there were 11,309 murders that involve guns, and those numbers are only getting worse(Gun Control). Since the banning of guns in countries like Mexico, gun violence is staying the same if not getting worse because of criminals with unregistered firearms(Gun Control). Cindy Chester lives in regret every day because she did not have the ability to protect herself when her ex- boyfriend shot her and cost her right leg and her unborn child. Chester wants to advocate for the second amendment because she does not want other women to go through the hardships she has had to endure because of this one tragic night. “Guns can be a useful and just a piece of equipment when used in the right hands” says Chester. When used responsibly and educating people about firearms, they aren’t that dangerous unless you are a would be criminal on the receiving end of the firearm. According to the CDC six children are injured or killed in unintentional shootings each day because of poor firearm safety education(Abrams).

People are often misinformed when it comes to gun laws and gun control. There are gun laws already in place that restrict the sale of firearms to felons, and mentally ill people. Another common opinion is that you can go to your local gun store and pick up a fully automatic machine gun, this is false(Lee and Stingl). To purchase a fully automatic rifle, you must apply for the proper permits, which is a very rigorous and extensive process, you have to pass multiple background checks and also apply for a tax stamp which is very expensive. The manufacturing of machine guns was also banned in 1986, which makes the acquiring of one very difficult, and expensive. To even purchase a small caliber rifle such as a .22 caliber which is most commonly used for small game hunting, you have to pass a background check(Charles). 84 percent of Americans support more extensive background checks, and common sense gun laws like the banning of easily accessible modifications like bump stocks that increase the fire rates of firearms. So far in 2019 the senate has passed two measures with some support that strengthen the intensity of background checks and the Trump administration has passed legislation to ban bump stocks after the infamous Vegas shooting. Donald Trump has repeatedly vowed to protect the rights of gun owners and has even warned that guns would be a target for political assault in the very near future(OpenSecrets).

One of the most common arguments for gun control is that the second amendment was written when the founding fathers had muskets. While this argument is true, technology evolves, which means we have new abilities to defend ourselves better with semiautomatic handguns and rifles. When a burglar comes into your home with a firearm, you should want to defend yourself and your property with the best technology possible so you have the best chance of repelling the attacker and surviving. The second amendment was written to make sure the American people had the means to defend their country against a tyrannical government, so this means we should have the same or similar technology as the government so we can defend ourselves if they become corrupt(Lee and Stingl). Another argument for gun control is that most suicides are committed using firearms. If firearms are banned, people are still going to find different ways to commit suicide. If someone is intent on taking their own life, banning firearms will not stop them (Lee and Stingl). There are many arguments for gun control, but our founding fathers made sure our rights would be protected by writing them into the bill of rights.

Your right to bear arms is one of the most important rights in the bill of rights because it protects all the other amendments and also gives you the ability to defend yourself, your family, and your property, and helps to reduce crime. Stricter gun laws will not be able to stop gun violence because most criminals will not turn in their firearms. It is proven that gun control does not work because in other countries, it has failed to reduce the violent crime rate committed with firearms. Suicide rates would not improve because people would find alternate ways to commit suicide. People are misinformed about the second amendment because of the media and politicians trying to sway their opinion and get their vote. The second amendment reads “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.”, this means that the people of America have the right to own firearms, to defend themselves, their families and their property. These inalienable rights shall not be taken away because that violates the constitution, and the bill of rights. Law abiding citizens with firearms can better serve the public’s needs and interests by protecting people with their firearms from murderers, robbers, muggers, and mass shooters. Gun ownership deters crime because you can easily stop bad people without the police being on the scene and possibly keep innocent people from harm’s way. As the 2020 election is growing ever so close, please be aware of your candidate’s stance on gun control, and remember, your life may depend on it.

The Bill of Rights: Principles and Elements

Every country is governed by a constitution, a set of rules that specify the nature of the government. All constitutions are aimed at protecting, not only the rights of people, but also those of the country. It contains different elements like the bill of rights, the principles of constitution, federalism, as well as the judicial review. This paper provides a detailed analysis of these elements.

The bill of rights takes into account the crucial rights of the people of a certain country. It is aimed at protecting all classes of people living in the country. Some of the rights/freedoms considered include the freedom of religion which asserts that all people have the right to worship and none should be denied this, regardless of the belief or day.

The right to bear arms allows all countries to establish their own security systems. The right of quartering of soldiers asserts that soldiers must not be quartered during the peaceful times.

The right of search and seizure holds that if there is no investigation of a crime that has taken place, then the court will not carry out any related analysis. It also takes care of the prisoners by holding that they cannot be punished before trial which should be systematic rather than speedy allowing no confrontation of witnesses.

It gives the jury the mandate of dealing with civil cases which in turn should not by all means pronounce a cruel or unusual punishment to the offender. It also specifies the body responsible for making it, highlighting the levels of powers it ought to allocate to both the state and people.

There are four principles of any constitution. According to Balmer, the principle of separation of powers, checks and balances asserts that the executive, judicial, and the legislative systems should have their powers separated, though serving one government (Para. 3). Federalism principle divides the larger body into smaller self governing bodies. The principle of limited government holds that the government should only do what its people allow.

The principle of judicial review addresses courts duties. Another addressed issue is the length of time that different people ought to serve in their positions varying from 2 years for house representatives, 6 years for senators, 4 years for the heads of states as well as electoral commission servants. The constitution also allows room for amendments, though this can take time before being effected as illustrated below using the U.S constitution that was ratified in the 19th century.

The constitution is less of words, efficient and difficult to change. It stands out as the most effective and oldest in the world. It existed during the 1861-1865 war. Since then up to date, it is only 27 successful changes that have been made in the section of the bill of rights.

This has been achieved by employing some laid down technical procedures like the formal amendment procedure which allows an amendment if two thirds of the house of congress and the legislature proposes the change. Another way of amending is through the review of the judicial and legislative systems. These two act if there is any crucial change as demanded by the people.

In conclusion, basing on the time of its ratification and its effectiveness, it is worthy noting that countries ought to adopt the principles as well as the elements that govern the U.S people.

Works Cited

Balmer, Vinil. “The Basic Principles of a constitution.” New York: McGraw-Hill, 2007.

Bill of Rights and Individual Liberties

Introduction

Enemies of the constitution played down the claim that the bill of rights was not needed in the constitution since it contravened the wishes and desires of the majority in the country. This followed after the proponents of the removal of the bill of rights argued that the state machineries had no powers and authority to deny individuals their personal liberties.

Those supporting the view that the bill of rights be excluded from the constitution claimed that the state was given a blank check on matters that the bill of rights did not talk about. Federalists such as Madison believed that the bill of rights was ineffective and had to be omitted from the constitution (Labunski 62).

Furthermore, writers of the federalist papers believed that immediate amendments to the constitution could cause more harm than good to the state. In Federalist 38, Madison commented that the bill of rights had to be done away with since anti-federalists could not actually agree on the most pressing needs as regards to the bill of rights. Furthermore, people had coexisted peacefully for several years without the bill of rights.

After a careful thought and further research, Madison realized that the bill of rights was important and had to be included in the constitution. He therefore chose to be neutral. In Federalist 44, he suggested that the constitution barred the states from infringing on the rights of individuals.

However, he underscored the fact that extra measures had to be taken in order to guarantee liberty and individual freedom. In Federalist 48, Madison noted that states could easily interfere with individual liberty even though the constitution protected individuals. According to Madison’s analysis, the bill of rights could do little to guarantee individual liberty and freedom.

In this paper, it is observed that the bill of rights is very important in protecting individual liberty and freedom. For this reason, it must always be included in the constitution in order to sanction it legally. In real sense, individual liberty is incompatible with state sovereignty. Without the bill of rights, the state would tend to deny individuals their rights in order to safeguard its sovereignty. The bill of rights defines the relationship between the state and citizens.

The Role of the Bill of Rights in Safeguarding Individual Liberty

The US is one of the states that were established based on the fundamental freedoms and civil liberties. It was through the civil liberties as outlined in the bill of rights in the constitution that ordinary citizens could be assured their freedoms. In the current political arena, many opponents to the bill of rights suggest that the Patriotic Act should be embraced instead of the bill of rights. This is aimed at cutting the privileges enjoyed by the American populace.

The Patriot Act was crafted to protect citizens against terrorism but it has turned out to be a tool that is utilized by the state machineries to deny people their rights. Critics to the bill of rights believe that state interests should be given priority implying that individual liberties should be regulated. This proves that individual liberties and state sovereignty are incompatible in practice.

Founders of the nation such as Patrick Henry insisted that individual liberty was inevitable. The patriot claimed that limiting individual liberty was the same as killing an individual. In other words, individual liberties were to remain intact. The American bill of rights is based on the Massachusetts Bay Liberties that was constituted in 1641. The collection of liberties gave citizens of Massachusetts a freedom to enjoy some rights that were equivalent to the modern day rights.

After the constitution was ratified, the congress moved to amend the constitution to include the bill of rights in 1791. It was viewed that without the bill of rights, the masters and the owners of the means of production would continue subjugating and perpetuating the rights of the unfortunate in society. During colonialism, citizens were not allowed to worship freely and their political participation was limited.

The law could punish any individual who opposed the existing social order. In this regard, the ruled had to follow what the ruler wanted them to follow. The relationship between the ruled and the ruler was skewed. The bill of rights was necessary to specify and clarify the relationship between the king and the subjects. In the contemporary society, the same thing can happen in case the bill of rights is scrapped from the constitution.

Before the enactment of the bill of rights, the constitution stated who was supposed to own property. Regarding the ownership of firearms, only the state had the power and authority to possess arms. Citizens existed at the mercy of state machineries. In the legal quarters, citizens were often treated unfairly.

Those with high social statuses were always given priority in matters touching on property ownership. This meant that the poor existed at the mercy of the rich. The bill of rights was established to check on this issue. The bill of rights was therefore established to serve as a foundation to civil liberties to be enjoyed by every individual in the state.

Furthermore, the bill of rights was incorporated in the constitution in order to prevent the government from taking control of individual life. The bill of rights provides individuals with legal defences in case the government attempts to go against the wishes and desires of the majority.

Through the first amendment, citizens could enjoy various freedoms and rights. Freedom of speech, freedom of press, freedom of religion and the right to public assembly were all included in the first amendment. The individual could freely assembly to express his or her opinion without state intervention.

In this case, the individual had the right to petition the government on matters pertaining to injustice such as state brutality and state harassment. Moreover, the first amendment barred the state from introducing a state religion. In places where the bill of rights is not incorporated in the constitution, citizens have no choice but to follow what the state provides, including religious beliefs.

The fourth amendment provides that the state cannot forcefully investigate an individual without his or her consent. This clause limits the state authorities from searching and capturing an individual without prior notification. Due to this amendment, the security agencies cannot enter the compound of an individual without a court order.

In other words, no authority has the power to seize another person’s property without following a due process. This was not the case before the introduction of the bill. In the Fifth Amendment, the individual should never be forced to give information. In this case, torture is prohibited. State authorities could prefer using force to acquire critical information from an individual but this law prohibits them from doing so.

Works Cited

Labunski, Richard. James Madison and the Struggle for the Bill of Rights: Pivotal Moments in American History. New York: Oxford University Press, 2006. Print