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Why is the Bill of Rights important today? What would happen without it? The essay on the importance of Bill of Rights essay below will answer all of your questions about the issue!
Introduction
Various countries have adopted different systems of government that are suitable for them. A legitimate government is one that has the legal power to rule the nation. A government becomes popular if it is supported by most of the citizens. The constitution is one of the major documents that provide the frame work within which the government operates. This fundamental document defines the relationship between the citizens and the government. It also defines the powers that the government has and how it should exercise them.
The constitution is normally broken down it various categories each having a set of provisions. The bill of rights is one of the basic provisions of a given constitution and it spells out the rights and freedoms of all the citizens of a given nation.
The inclusion of the Bill of Rights in the constitution has been a controversial issue and some people contend that it is not necessary in a situation where we have a legitimate government that has a popular support. In my view, the bill of rights is very necessary in any type of government because of the following reasons.
Arguments against the Bill of Rights
In the case of United States, the inclusion of the bill of rights was controversial and people who opposed it had the following arguments. First, they felt that they could elect various individuals to represent them in parliament and if they failed to be accountable to the citizens, they could be stripped off their leadership positions.
Secondly, the Bill of Rights was used by anti federalists, as a rallying point to argue in favor of the pre-constitutional status quo a confederation of independent states, operating under the glorified treaty that was the Articles of Confederation (Amar 123). They also thought that the process of drafting it could take a long time and it could interfere with the promulgation of the proposed law.
Thirdly, they contended that the bill of rights would give the impression that the federal government had unlimited powers. Fourthly, the bill rights could not be practical and it could simply be treated as a mission statement. They also thought that there were no mechanisms that could be used to force the legislature to stick on it.
It is on this basis that they dismissed it as volumes of aphorisms which would sound better in treaties of ethics than in a constitution of government (Levy 68). This argument remained popular until 1789 when Thomas Jefferson fought for the drafting of the bill. It was later adopted and recognized by the Supreme Court in 1803.
Arguments in favor of the Bill of Rights
The Bill Rights is an important aspect of the constitution and I therefore contend that it should be part of the constitution of any legitimate and popular government. I support it because of the following reasons. It enables the citizens to fully benefit from the government.
This is because it ensures that the government protects the welfare and rights of its citizens. The U.S. constitution has ten amendments and they are what we call the Bill of Rights. These rights also enable the citizens to have a fair trial in the courts hence, they cannot be tried unfairly. In addition to these, suspects can be freed on bail as they wait for their cases to be tried.
The lives of citizens is also protected by the bill, hence, the life of an individual cannot be taken by any body unless there are proper justifications for it. The bill of rights also guarantees the citizens the freedom of speech, of religion, of the press, of lawful assembly, and of appeal by petition (Levy 187).
This right can only be restricted in a case where it interferes with the rights of others. Citizens are also accorded the right be in possession of arms provided they do not misuse them. It also prevents unnecessary military occupation unless it is allowed by the law.
The United Nations also came up with Universal Human Rights. These Rights were formulated in order to preserve the dignity of human beings from any violation. It therefore enhances equality among people and this encourages peace in the world. Many conflicts that occur today in various countries are mainly because the rights of the citizens are not honored.
For example, the wave of revolution that has really spread a cross the Arab world is mainly because the governments in those countries do respect the citizens rights. Many believe that the protection of human rights is essential to the sustainable achievement of the three agreed global priorities of peace, development and democracy (Labunski 157). This protection can only be possible if there are legal provisions for it.
Apart from the bill of rights, the citizens rights can also be safeguarded through the following methods. The government through the judiciary ensures that citizens rights are protected by punishing those who violate them. Secondly, it also uses its security departments to ensure that all citizens are law abiding and do not infringe on the rights of other people. The French Revolution opened a new chapter in the life of French citizens.
During the conflict various scholars like Montesquieu, and Rousseau advocated for the three ideals to be honored by the government. These ideals were equality, liberty, and fraternity. By advocating for these ideals they were demanding for the protection of their rights which had been seriously abused by the despotic regime.
Bill of Rights Essay Conclusion
From the above discussion, we can therefore conclude that the Bill of Rights is very important even if the government is legitimate. The legitimacy of the government is not enough to make it committed in doing the right things that the citizens expect of it. For example, many governments often start ruling with a lot of popularity but they often lose bearing at some level. It is only the bill of rights that can keep the governments activities in check. Therefore, the Bill of Rights should be part of the constitution.
Works Cited
Amar, Akhil. The Bill of Rights: Creation and Reconstruction. New York: Yale University Press, 2000.
Labunski, Richard. James Madison and the Struggle for the Bill of Rights. New York: Oxford University Press, 2008.
Levy, Leonard. Origins of the Bill of Rights. New York: Yale University Press, 2001.
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