United States Declaration of Independence (1776) Show
 In 1776, Thomas Jefferson penned the American Declaration of Independence. On July 4, 1776, the United States Congress approved the Declaration of Independence. Its primary author, Thomas Jefferson, wrote the Declaration as a formal explanation of why Congress had voted on July 2 to declare independence from Great Britain, more than a year after the outbreak of the American Revolutionary War, and as a statement announcing that the thirteen American Colonies were no longer a part of the British Empire. Congress issued the Declaration of Independence in several forms. It was initially published as a printed broadsheet that was widely distributed and read to the public. Philosophically, the Declaration stressed two themes: individual rights and the right of revolution. These ideas became widely held by Americans and spread internationally as well, influencing in particular the French Revolution. The Constitution of the United States of America (1787) and Bill of Rights (1791)
The Bill of Rights of the US Constitution protects basic freedoms of United States citizens. Written during the summer of 1787 in Philadelphia, the Constitution of the United States of America is the fundamental law of the US federal system of government and the landmark document of the Western world. It is the oldest written national constitution in use and defines the principal organs of government and their jurisdictions and the basic rights of citizens. The first ten amendments to the Constitution—the Bill of Rights—came into effect on December 15, 1791, limiting the powers of the federal government of the United States and protecting the rights of all citizens, residents and visitors in American territory. The Bill of Rights protects freedom of speech, freedom of religion, the right to keep and bear arms, the freedom of assembly and the freedom to petition. It also prohibits unreasonable search and seizure, cruel and unusual punishment and compelled self-incrimination. Among the legal protections it affords, the Bill of Rights prohibits Congress from making any law respecting establishment of religion and prohibits the federal government from depriving any person of life, liberty or property without due process of law. In federal criminal cases it requires indictment by a grand jury for any capital offense, or infamous crime, guarantees a speedy public trial with an impartial jury in the district in which the crime occurred, and prohibits double jeopardy. Antifederalists argued that in a state of nature people were entirely free. In society some rights were yielded for the common good. But, there were some rights so fundamental that to give them up would be contrary to the common good. These rights, which should always be retained by the people, needed to be explicitly stated in a bill of rights that would clearly define the limits of
government. A bill of rights would serve as a fire bell for the people, enabling them to immediately know when their rights were threatened. Additionally, some Antifederalists argued that the protections of a bill of rights was especially important under the Constitution, which was an original compact with the people. State bills of rights offered no protection from oppressive acts of the federal government because the Constitution, treaties and laws made in pursuance of the Constitution
were declared to be the supreme law of the land. Antifederalists argued that a bill of rights was necessary because, the supremacy clause in combination with the necessary and proper and general welfare clauses would allow implied powers that could endanger rights. Federalists rejected the proposition that a bill of rights was needed. They made a clear distinction between the state constitutions and the U.S. Constitution. Using the language of social compact, Federalists asserted that when the people formed their state constitutions, they delegated to the state all rights and powers which were not explicitly reserved to the people. The state governments had broad authority to regulate even personal and private matters. But in the U.S. Constitution, the people or the states retained all rights and powers that were not positively granted to the federal government. In short, everything not given was reserved. The U.S. government only had strictly delegated powers, limited to the general interests of the nation. Consequently, a bill of rights was not necessary and was perhaps a dangerous proposition. It was unnecessary because the new federal government could in no way endanger the freedoms of the press or religion since it was not granted any authority to regulate either. It was dangerous because any listing of rights could potentially be interpreted as exhaustive. Rights omitted could be considered as not retained. Finally, Federalists believed that bills of rights in history had been nothing more than paper protections, useless when they were most needed. In times of crisis they had been and would continue to be overridden. The people’s rights are best secured not by bills of rights, but by auxiliary precautions: the division and separation of powers, bicameralism, and a representative form of government in which officeholders were responsible to the people, derive their power from the people, and would themselves suffer from the loss of basic rights. (F) Federalist Essays/Speeches Dangerous to List Rights(F) Publius: The Federalist 84, Book Edition II, 28 May 1788 Enumerated Powers Protects Rights(F) James Wilson Speech in the State House Yard, Philadelphia, 6 October 1787 Essential in an Original Contract(AF)
An Old Whig IV, Philadelphia Independent Gazetteer, 27 October 1787 General Arguments(F) A Countryman II, New Haven Gazette, 22 November
1787 Good Government Protects Rights(F) A Native of Virginia: Observations upon the Proposed Plan of Federal Government, 2 April 1788 Ineffective to List Rights(F)
A Countryman II, New Haven Gazette, 23 November 1787 Jury Trials Need Protection(AF)
Cincinnatus II: To James Wilson, Esquire, New York Journal, 8 November 1787 Limits Government(F)
Uncus, Maryland Journal, 9 November 1788 Limiting Powers More Important than Bill of Rights(F) James Wilson Speech in the Pennsylvania Convention, 28 November 1787 Necessary to Check Government Power(AF) Timoleon, New York Journal, 1 November 1787, Extraordinary Necessary to Prevent Tyranny(F) Uncus, Maryland Journal, 9 November 1788 Necessary Statement of First Principles(AF) A True Friend, Richmond, 6 December 1787 Not Necessary to List Rights(F) James Wilson Speech in the Pennsylvania State House Yard, 6 October 1787 Not Necessary to List Natural Rights(F) Remarker, Boston Independent Chronicle, 27 December 1787 Only Needed in Monarchial Governments(F) Marcus I, Norfolk and Portsmouth Journal, 20 February 1788 Partial List in the Constitution is Incomplete(AF) Federal Farmer, Letters to the Republican, 8 November 1787 Proposed/Recommended Bills of RightsRichard Henry Lee’s Proposed Amendments in Cogeress, 27 September 1787 Representation Protects Rights(F) Letter from Roger Sherman, New Haven, 8 December 1787 Supremacy Clause a Threat to Individual Rights(AF) The Impartial Examiner I, Virginia Independent Chronicle,
20 February 1788 Treaty Powers a Threat to Individual Rights(F) James Madison Speech in the Virginia Convention, 19 June 1788 What document is similar to the Bill of Rights?The Bill of Rights was strongly influenced by the Virginia Declaration of Rights, written by George Mason. Other precursors include English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties.
What are the similarities and differences between the declaration the Constitution and the Bill of Rights?The Declaration was designed to justify breaking away from a government; the Constitution and Bill of Rights were designed to establish a government. The Declaration stands on its own—it has never been amended—while the Constitution has been amended 27 times. (The first ten amendments are called the Bill of Rights.)
What are two similarities between the English Bill of Rights and the US Bill of Rights?There are many similarities and differences within the English Bill of Rights and the American Bill of Rights. Human rights and separation of power (life, liberty, and the pursuit of happiness) are in both Bill of Rights. Both the English Bill of Rights and the American Bill of Rights have freedom of speech.
What are some of the similarities and differences between the Texas and US Bill of Rights?With its more positive tone the Texas Bill of Rights provides much the same protections as the U.S. Bill of Rights. But it also extends beyond federal protections. For example, Sec. 3a explicitly forbids discrimination based on sex, race, color, creed, or national origin.
|
What similarities do you see between this document and the u.s. bill of rights? list at least two.
zusammenhängende Posts
Urheberrechte © © 2024 paraquee Inc.
