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Justifying the Bill of Rights: the US Constitution Research Paper

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The importance of amendments to the United States Constitution

Any written constitution has to describe clearly the method or process to be used in amending it (Bent, 2007). It is seen as a very significant aspect of all written constitutions. The constitution depends upon the process of amendment to guarantee personal freedom and the nature of the adaptability of the constitution. In this regard, no constitution is possibly considered complete if such aspects are absent. The human generation has to continue growing as time moves, and if no provision is put in place for constitutional modification as needed, they will regress.

The constitution should be a vehicle of life. If it has provisions to easily amend it through a process that allows for political freedom, no conflict can arise between real conditions as well as a legal organization. However, a simple process of amending the constitution creates instability as a trivial smack in popular belief may alter the ultimate custom of the government (Bruns, 2010).

Where on the other divide, the constitution is not easy to amend if the political freedom does not have the path to show its will, some repercussions might occur. First, extra-legal organizations which are strengthened by public opinion may develop. For instance, as is with the election of a president of the US. The constitution has provisions for indirect elections. It has transitioned to a direct one without even having to make amendments to the constitution. Besides, if extra-legal organizations are stopped from developing, the repercussion would be an open rebellion.

The constitution needs to function both in the environment it was created and years later. Therefore, it has to be able to adapt to fresh situations as they come up. Similarly, a constitution that is drafted properly has to have a provision for its amendment in such a manner as to anticipate, as far as is mortally plausible, any radical disturbances.

Different countries adopt varying processes of amending the constitution. In the United States, an interim body can be formed to spearhead the amendment of the constitution. The amendment in question can be brought up through a voting majority of two-thirds in the houses of congress and should be passed. However, it can be done differently in a situation where the congress agrees to a process that follows legislations in the three-quarter majority or conventions of the same measure of all the federal states in the nation. Another well-known device is the referendum. It aims at focusing the amendments to the people for endorsement. It is attributed to the most democratic process.

Emphasis should again be put on the idea that no constitution can be thought of as being final or static. A drafted constitution needs to be changed because of fresh political ideals. The need to amend and the provision set forth have to be flexible so that changes are practically possible and somehow rigid to prevent many unnecessary modifications (Graham, 2009).

The amendments to the United States of America constitution have significant effects on the legal system. For instance, when the amendments are done, the evaluation and later execution are facilitated by the legal bodies. The laws made are implemented through the legal justice system. The bill of rights, for instance, is under the forte of the judiciary and is well used to interpret the law.

Which amendment in the Bill of Rights offers the most protection for defendants?

In my analysis of the bill of rights, the sixth amendment provides the most protection for defendants. It states that in all criminal proceedings, a defendant will have the right to a fast and public trial conducted by a jury of the state of America, which is non-partisan. This jury should be of the state and district where the apparent felony is said to have occurred. The district should also have been established by law beforehand.

The defendant should also be duly informed of the nature of the complaint that he is being accused of. He also has the right to have a public confrontation with the witnesses brought to testify against him. This amendment also gives provision for a defendant to compulsorily obtain a witness who will testify in his favor. Lastly, the defendant is entitled to the help of a counsel placed in his defense by the state (National Archives, 2007).

Which amendment in the Bill of Rights offers the most protection for victims?

A close analysis of the bill of rights shows that the fourth amendment protects the victims more. The reason is simple. The freedom and rights of individuals to be safe in their existence, abode, and possessions against arbitrary searches and confiscations shall be honored and not violated, and no permits will be issued, but only on the credible reason that is proved through oath or verification, and specifically clarifying the area to be ransacked as well as the individuals or possessions to be confiscated (National Archives, 2007).

The effects of the US constitution to me as a student

The constitution, which was created by our ancestors centuries ago still has a significant effect on our daily lives (Jerome, 1995). With my current knowledge, I am surprised at the several ways in which the constitution as well as the bill of rights affects my rights as a student. Significant rights and freedoms like due procedures, the right to free speech, and the freedom to associate with anyone, among other rights are well safeguarded in the United States constitution.

The aspects of a student’s life which are connected to the constitution are the freedom to associate, the right to free speech within the precincts of college, fees charged on students, educational injustices, and contracting. Most of the rights and freedoms that the students are exposed to in the institutions of learning today can be attributed to the United States’ constitution and the bill of rights.

The right to assemble, for instance, is cushioned by the first amendment in the bill of rights. It says that the congress will create no law that honors any establishment of religion, or stopping the free use thereof, or reducing the right to free speech, or the one accorded to the press; or the freedom of individuals to assemble peacefully and to request the government for reparation of grievances. This freedom to assemble is what permits students to plan and get memberships into their student governing bodies. The organizations that students join address the concerns of the entire student population. They also link the students with the administration of the college.

The right to due process, for instance, is safeguarded by the fifth amendment in the bill of rights. It states that no one will be held liable to answer for a capital offense or lesser felony. It is also applicable to a prosecution in court except in scenarios cropping from land, water forces, and in the military force held in service in instances of war or public perils. Individuals will also not be subjected, to a similar felony that is placed twice concerning the danger of life, among other issues.

References

Bent, D. (2007). Constitution Convention. New York: McGraw-Hill.

Bruns, R. (2010). The Creation of the U.S. Constitution. New York: Sage Publications.

Graham, J. (2009). Free, Sovereign, and Independent States: The Intended Meaning of the American Constitution. London: Routledge Publishers.

Jerome, H. (1995). The Founding Era. New York: The University Press of Kansas.

National Archives. (2007). Bill of Rights. London: Prentice Hall.

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IvyPanda. 2021. "Justifying the Bill of Rights: the US Constitution." February 21, 2021. https://ivypanda.com/essays/justifying-the-bill-of-rights-the-us-constitution/.

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IvyPanda. (2021) 'Justifying the Bill of Rights: the US Constitution'. 21 February.

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