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Montag, 23. Februar 2015

Bill of Rights of the United States of America: Its beginnings




Created:

September 25, 1789
Ratified:

December 15, 1791

Location:
National Archives
Author(s):

James Madison


“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, or rest on inferences.” -Thomas Jefferson

 

If you are interested in finding out more about the creation of the most important unit in the U.S. Constitution, the “Bill of Rights”, you should continue reading our today’s blog post. 
Firstly, we tell you something about its origins and beginnings and later on we will tell you more about the content and the importance the Bill of Rights have for U.S. citizens.
Secondly, you will have a better understanding of how American population is working and thinking about certain subjects in modern society. 
Finally, you may be able to understand the feelings of U.S. American citizens, in general, when it comes to issues like gun ownership, death penalty, abortion, right to vote, etc. as sometimes, we are not able to make sense of American behavior regarding laws and verdicts in the U.S. judicial world.



The first ten amendments to the U.S. Constitution are called the Bill of Rights. They were added three years after the Constitution was ratified, i. e. in the year 1791. 



In 1789 they were created by James Madison, the 4th President of the United States (1809-1817). During his term he conducted the American-British war, also known as the “second War of Independence”.



The role model for the American Bill of Rights was the English Bill of Rights created back then in 1639 and earlier English political documents such as Magna Carta (a charter agreed by King John of England at Runnymede near Windsor, on 15 June 1215). The English Bill of Rights set out certain rights of individuals including the prohibition of cruel and unusual punishment. and reestablished the liberty of Protestants to have arms for their defense within the rule of law. Here you can note one example of connection to the American Bill of Rights, the right to bear arms that is still today of great importance for U.S. American citizens.



The reason why the Bill of Rights was added to the Constitution was, the people were afraid the federal government would have too much power. The Constitution was still a very young establishment therefore the final touch was still to be made.

The Bill of Rights protects the most important freedoms of U.S. citizens and limits the power of the federal government. At first, the Bill of Rights only applied to the federal government, but now it also applies to the states.



The Bill of Rights had little judicial impact for the first 150 years of its existence, but was the basis for many Supreme Court decisions of the 20th and 21st centuries. One of the first fourteen copies of the Bill of Rights is on public display at the National Archives in Washington, D. C.




The first amendment of the Bill of Rights is probably the most important one. 
It includes freedom of



·         Religion

·         Speech

·         Press

·         Assembly

·         Petition



Freedom of Religion means you can practice any religion you want or not practice a religion at all.

Freedom of Speech means the government can't stop people from saying what they think.

Freedom of Press means the government can't control what the media writes.

Freedom of Assembly means people can protest by having rallies or marches.

Freedom of Petition means people can request that the government change things.



The Second Amendment is also worth and important to mention. It includes the right to bear arms. This law is considered to be strange and dangerous by at least the European part of the world.





Please see below the Preamble of the Bill of Rights that provides you the reason why people decided on adding the Bill of Rights to the Constitution, namely, they were afraid of the fact the government would abuse its powers, as already mentioned above.



Preamble

Congress of the United States begun and held at the City of New-York, on Wednesday the 4th of March, 1789.



THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.



In the following you can see a list of the Bill of Rights in shortened form:

































We would be happy if we cleared things up for you regarding the Bill of Rights in the Constitution of the United States of America. Hope to have you back soon for some more details about current, important legal affairs in the States and how they are linked to the Constitution.





Source:

Donnerstag, 12. Februar 2015

We the people...

We, the people...

 

United States Constitution - The Supreme Law

 
We were born equal but we are all different. Everyone has a different attitude to morality. So what is the distinction between us humans and wild animals? Animals live according to the law of the jungle - the survival of the fittest. No one, however, wants to imagine a world in which this 'law' applies for human beings, too.
 
Our laws maintain our order. The reasonable ones guide our behaviour and enable living together in peace.
 
Every country enacted laws that tell the people living in the respective country how to co-operate with one another. There are, however, not only laws applicable for the co-operation among ourselves but also, for instance, in what way a country is to be governed.
 

A Young Nation's Road To Its Constitution


The foundation of today's American legal system is its Constitution. Let's get back to the beginning and see how it all started...
 
The thirteen Colonies had come a long way until they gained their complete independence in 1783.
 
America's first constitution was the Articles of Confederation which was drafted in 1776/1777 and ratified by the states in 1781. They kept the central government's power to a minimum, i. e. the Confederation Congress could make decisions, but lacked enforcement powers to carry them out.
 
 
The Declaration of Independence (July 4, 1776) was preceded by fierce combats and the American Revolutionary War or War of Independence was still raging on when the Colonies had already cut the ties with the British Crown themselves:
 
Great Britain did not want to lose its Colonies - Money rules the world!
 
Why did the American population want to be independent?
After Britain defeated France in the French and Indian War which had taken place between 1756 and 1763 it had to recoup the great costs thereby incurred. The British government therefore imposed and raised taxes as well as charges in the Colonies of the New World to reduce its debts. Over the course of the following years, the tensions built up unbearably and the situation exacerbated, various protest movements arouse until the powder keg finally blew up in Lexington on April 19, 1775.
 
After numerous battles, for example in Trenton, Saratoga and Yorktown, the war eventually came to an end in Paris in 1783 when representatives of King George III of Great Britain and representatives of the United States of America signed the Treaty of Paris on 3 September. This treaty, along with the separate peace treaties between the British and the nations that supported the American cause, are known collectively as the Peace of Paris.
 

 
The Articles of Confederation was proving more and more inappropriate to serve the difficult task of uniting the diverse interests of the various states as this constitution paralysed Congress which could do nothing without nine states, and some legislation even required approval of all thirteen. It is impossible for a country to operate and work under such circumstances, hence it was high time someone did something to replace the Articles. On this account, drafting the United States Constitution began in 1787 and it was ratified or in other words accepted in June, 1788. The United States of America finally had a solid constitution when it came into force in 1789.
 
 
 
 
 
The aim of the Constitution is to set up the government and to protect the basic rights of Americans.
 
"We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."
 
This is the Preamble to the Constitution and the way it starts means that the power of the government comes from the people. The short statement, however, is only about the purpose of the Constitution itself and does not prohibit actions or grant any rights.
 
The original frame consists of this Preamble and Seven Articles which separate the government into three branches: executive (President and Vice-President), legislative (Congress, i. e. the Senate and the House of Representatives) and judicial (the court system with the Supreme Court being the highest court). The system of 'Checks and Balances' is to prevent one branch from becoming supreme or too powerful. These are the first three articles. Article Four describes the relation between the states as well as the relation between the federal government and each state.
 
It is difficult but not impossible to add changes to the Constitution. These changes are called Amendments and Article Five outlines the amending process. There have been 27 of them so far. The first ten are known as the Bill of Rights. You will read more about them in our next entry.
 
The Constitution, as well as all federal laws and treaties of the United States made according to it, is established in Article Six to be the supreme law of the land. This implies that no federal law has more validity than this document.
 
And in the end: Article Seven.
 
It contains the requirements for a successful ratification of the United States Constitution. At least nine states have to approve the draft to become the Supreme Law - this happened on June 21, 1788 when New Hampshire was the ninth state to sign the document. After the ratification, George Washington was elected the first President of the United States in February 1789.
 
Government took up employment shortly afterwards on March 4, 1789.
 
 
 
We hope to see you soon for another brief retrospect back to the roots of America's legal system.
 
 
Bibliography:
- google & wikipedia search (also images)
 


Donnerstag, 5. Februar 2015

Introducing the Blog

Dear fellow students and interested readers,

a very warm welcome to our blog!

This is to provide you with an insight into the complexity of American laws, their origins and developments across the centuries as well as what is happening today.

Legislation might not be the most thrilling topic you can imagine as the field and its content is said to be rather dull and dry like a desert. However, we will show you how diverse and interesting America's world of law is - just like the continent itself.

So, get yourselves ready for a trip full of curiosities and facts about law and order in the country where nothing is impossible.

Cheers!

Verena, Stefanie, Christoph
(Erasmus Students at the University Pablo de Olavide, Seville)