Jonah Patel
The United States Constitution has long been a source of contention between those who seek to exert more authority and those who wish to protect individual liberties. The Constitution's Bill of Rights, comprising the first ten amendments, outlines the rights that Americans can assert against the government, including freedom of speech, religion, and the right to bear arms. However, the absence of a bill of rights and the concentration of power in the central government have sparked concerns about the potential for government overreach and the erosion of civil liberties. This tension between freedom and authority has persisted throughout US history, with the COVID-19 pandemic and lockdown measures bringing it to the fore once more.
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What You'll Learn
The Bill of Rights
The US Constitution and the Bill of Rights were created to limit government power and protect individual liberties. The Bill of Rights, comprising the first ten amendments, was added to the Constitution because the latter lacked explicit limits on government power.
The First Amendment prohibits Congress from making laws that establish a religion or restrict the free exercise of religion, freedom of speech, freedom of the press, the right to assemble, and the right to petition the government. The Second Amendment protects the right of the people to keep and bear arms. The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. The Fourth Amendment protects citizens from unreasonable government intrusion in their homes without a warrant and from unreasonable search and seizure of an individual or their private property. The Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination and the right to due process. The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial and the right to an impartial jury. The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not have other rights that are not explicitly mentioned. The Tenth Amendment states that the Federal Government only has the powers delegated to it by the Constitution, and any powers not delegated to the Federal Government are reserved for the states or the people.
While the Bill of Rights was intended to protect individual liberties and limit government power, some critics may argue that it gives too much freedom to the government by not sufficiently restricting its authority or by granting it certain implicit powers. However, it is important to remember that the Bill of Rights was designed to balance individual freedoms with a limited government, and the interpretation and application of these rights have evolved over time through legal precedents and societal changes.
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Freedom of speech and religion
The First Amendment of the United States Constitution, ratified on December 15, 1791, is widely recognised for safeguarding the freedom of speech, religion, the press, and the right to assemble and petition the government. The text of the amendment explicitly states:
> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The First Amendment's freedom of speech provision guarantees individuals the right to express their opinions publicly without censorship, interference, or restraint from the government. This right extends to determining what to say and what not to say. Notably, the Supreme Court has clarified that the First Amendment does not grant individuals the power to say whatever they want, whenever and wherever they want. Instead, the government can impose reasonable restrictions on the time, place, and manner of speech to regulate it while still protecting freedom of speech.
The freedom to exercise religion without government interference is another crucial aspect of the First Amendment. The amendment's Establishment Clause prohibits the federal government from establishing an official religion or favouring one religion over another. This clause ensures that individuals are free to practise their faith without government intrusion or discrimination. This protection extends to groups and has been a pivotal tenet of American freedom, with some colonists fleeing religious persecution in Europe.
The First Amendment's protection of freedom of speech and religion has been interpreted and reaffirmed by the Supreme Court in various cases throughout history. For example, in Gitlow v. New York (1925), the Court ruled that the First Amendment applies to local, state, and federal governments. Additionally, the Court has clarified that private organisations, such as businesses, colleges, and religious groups, are not bound by the same constitutional obligations regarding freedom of speech.
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Federal vs state power
The US Constitution establishes a federal government with defined powers, with the Tenth Amendment specifying that any powers not explicitly granted to the federal government are reserved for the states or the people. This amendment was ratified in 1791 as part of the Bill of Rights, which was added to the Constitution to limit government power and protect individual liberties. The Tenth Amendment safeguards federalism, a system in which power is divided between the federal and state governments. Federalism has evolved through distinct phases in US history, marked by shifts in the balance of power between federal and state authorities.
The Founders intended for the national government to have limited and enumerated powers, leaving the states with significant autonomy in areas like intrastate commerce and social policy. This principle, known as "Enumerated Powers Federalism," ensures that states retain all powers not specifically delegated to the federal government. The Tenth Amendment has been invoked in Supreme Court decisions to determine whether the federal government has overstepped its authority, such as in cases involving desegregation and gun control.
The interpretation and implementation of federalism have been contentious throughout US history. Federalists have advocated for a strong national government, while Anti-Federalists have favoured state and local governments, reflecting ongoing debates about the proper division of power between federal and state authorities. The Constitution's lack of a Bill of Rights at its inception fuelled concerns about the potential for government overreach, leading to the addition of the Ninth and Tenth Amendments to clarify and limit federal power.
The dynamic between federal and state power is further shaped by the Tenth Amendment's implication that states can serve as "laboratories of democracy." This concept allows states the freedom to experiment with different policies and programmes, catering to diverse social and economic preferences across communities. The ability for individuals to choose their state of residence based on these preferences helps prevent a "legislative race to the bottom" at the national level.
In conclusion, the US Constitution's federalist structure, reinforced by the Tenth Amendment, strikes a balance between federal and state power by granting the federal government enumerated powers while preserving state autonomy in all other areas. This system allows for experimentation and adaptability at the state level while safeguarding against excessive centralisation of authority. The ongoing interpretation and enforcement of federalism continue to shape the relationship between federal and state governments in the United States.
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Civil liberties
The First Amendment protects the right to free speech, freedom of religion, freedom of the press, and the right to assemble and petition the government. The Second Amendment protects the right to bear arms. The Third Amendment prohibits the quartering of soldiers in private homes without the owner's consent. The Fourth Amendment protects citizens from unreasonable searches and seizures, requiring warrants to be issued only upon probable cause.
The Seventh Amendment guarantees the right to a jury trial in civil cases, while the Eighth Amendment protects citizens from excessive bails, fines, and cruel or unusual punishments. The Fourteenth Amendment provides for national and state citizenship and prohibits those who have engaged in insurrection against the Constitution from holding office.
The US Constitution also allows the federal government to impose quarantines and lockdowns during a pandemic, but the due process clause limits these emergency powers. The ancient writ of habeas corpus gives courts the authority to determine the legality of lockdown orders, ensuring that any restrictions on liberty are necessary and reasonable.
Over time, the interpretation and application of civil liberties have evolved as the country has become more diverse and inclusive. The division of power between state and national governments remains a subject of ongoing debate, with some arguing for a stronger national government and others advocating for more power to remain with state and local governments.
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The right to a jury trial
The inclusion of the right to a jury trial in the Constitution was influenced by the growing sentiment against English laws in the American colonies. By the time of the Revolution, many of the new states' constitutions specifically included the right to a jury in civil and criminal cases. This was seen as a defence against federal overreach and corruption. The Anti-Federalists, who generally favoured state and local governments, strongly advocated for the inclusion of this right in the Constitution. Patrick Henry, speaking at the Virginia Constitutional Convention, emphasised the importance of trial by jury as "the best appendage of freedom".
The Seventh Amendment, ratified on December 15, 1791, further solidified the right to a jury trial in civil cases. It protects citizens' rights to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. The text of the amendment states: "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law."
The interpretation of "common law" in the Seventh Amendment has been a subject of discussion, as individual states had their own methods of conducting civil jury trials. The Supreme Court case Parsons v. Bedford in 1830 determined that "common law" was based on English common law, as interpreted by the Supreme Court. This interpretation was reaffirmed in subsequent cases, including Dimick v. Schiedt.
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