Tuesday, January 20, 2009

Bill of Rights

In comparison to the Declaration of Independence, the Bill of Rights focuses on establishing a power that is balanced and that cannot be abused. By creating a document that clearly states the rights of the parties influenced by it, it protects them from any imposition that may occur from the government.

One concern that was brought up in the Declaration of Independence was that the government was keeping and abusing the use of standing armies when they were not in a time of war. However, in the Bill of Rights, this problem was resolved by stating that a militia shall be maintained, but that they are not allowed to be quartered within a house in which they do not have permission to be in. By clearly defining the limits that the government can have with a standing army, the people are protected from unnecessary power that can be inflicted by the army.

Another concern was that the British government was not allowing trial by jury. In the Bill of Rights, it was concluded that a person has the right to a trial by jury, as well as the right to a speedy trial, and that excessive bail was not allowed. They also included the concept of double jeopardy, and that warrants were needed in order to search private property. Each of these concepts continues to be taken into account and followed today, showing the significance and importance of these clauses in the document.

Overall the Bill of Rights establishes the main concerns of the people, and creates a rule book to follow so that people’s lives are not infringed upon. Because of its creation, the power and authority of the government can be maintained. The creators used their previous state of being unrightfully ruled by the British government to establish the government that they thought was fair and just for the new world. In the end, it was the need for a stable and balanced government that led to the development of the document.

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