The Bill Of Rights was, and still is a very unique document. It was added to Constitution because there were several states would not ratify the Constitution without it. The most important functions of the Bill Of Rights is the liberties is protects. It secures the most fundamental freedoms, and it prevents government from taking or violating those rights.1
The first question that might be raised about the Bill is "is it necessary?" One might think that the Constitution secures our rights, why do we need a bill? In truth, the Constitution actually offers very little personal guarantees of rights and freedoms. The Bill Of Rights secures the rights and freedoms, while the Constitution places limits, restrictions, and rules on how government can be run.
This is why we have so much freedom in America. The Constitution keeps government from becoming big and tyrannical, while the Bill Of Rights gives freedom to the people. The Bill Of Rights secures many different freedoms including, but not limited to the following; free speech, freedom of the press, freedom to keep and bear arms, free exercise of religion, right to trial by jury, etc. These rights, freedoms, and liberties are essential to the operation of our republic. The Founding Fathers knew the incredibly large potential for government to become tyrannical and despotic, they knew they had to have the Bill Of Rights to protect the freedoms of the people.
The Bill Of Rights, unfortunately, is often misinterpreted and construed to mean what it was not meant to mean. The U.S. Supreme Court is the biggest offender when it comes to the misinterpretation of the Bill Of Rights. Under the name of finding the true meaning of the Bill Of Rights and the Constitution, the Supreme Court often tries to add what are referred to as "implied" rights or freedoms. Often times the meaning of what is written is distorted under the guise of what was actually "implied" or what the original intent of the authors was. This type of reasoning is dangerous and full of holes. The documents must be taken literally, as they are written, not for an "implied" meaning.
The Bill Of Rights expressly states in the tenth amendment that the federal government is only entitled the rights explicitly written in the Constitution. This is the main amendment that keeps federal government in line and for the people.
1. Barry Cooper and Peter Woll. "Bill of Rights" The World Book Encyclopedia 1994 edition.
|