The Constitution of the USA is a landmark document of the Western world. The Constitution defines the principal organs of Government and the basic rights of citizens. Moreover, it is the oldest national Constitution in use.
While the need for a constitution arises from the Articles of Confederation problems, it stated firm friendship between the Congress and the states but limited power of Congress. Therefore, a movement began to reform the Articles, and a Convention was held in Philadelphia. Finally, 12 out of 13 states agreed to begin the work of redesigning the Government.
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The Constitutional Convention
The chief aim of the constitutional Convention was to balance powers. Also, the Convention was to create a government with enough power to act on a national level. But without so much power that fundamental rights would be in danger. And then checks included on the powers to assure that no single branch of Government gained supremacy in the Constitution of the USA. Besides, the concern arose out of the delegates’ experience with the King of England and his powerful Parliament.
Finally, two plans were shortlisted to become the new Government: the Virginia Plan and the New Jersey Plan. The Virginia Plan stated apportioned representation based on the population of each State. At the same time, New Jersey’s plan gave each State an equal right to vote in Congress. The Virginia Plan had great supporters, whereas the New Jersey plan had limited ones. Finally, they settled on the Great Compromise, representing the people as assigned by the population.
The Bill of Rights
One of the fundamental points of conflict was the lack of basic civil rights in the Constitution of the USA. In several states, however, the ratification debate in some states depended on adopting a bill of rights. The solution for ratification was Massachusetts Compromise, wherein four States ratified the Constitution. But at the same time, states sent recommendations for amendments to Congress.
James Madison, the father of the Constitution of the USA, introduced 12 amendments to the First Congress in 1789. Ten of these amendments would become the Bill of Rights. A bill dealing with Congressional salaries was not ratified until 1992. Later it became the 27thAmendment. Based on:
- Virginia Declaration of Rights,
- the English Bill of Rights,
- the writings of the Enlightenment, and
- the rights defined in the Magna Carta, the Bill of Rights contains rights considered to be fundamental to America.
Amendments
The First Amendment states that the Government shall make no law regarding establishing a religion or prohibiting its free exercise. It protects freedom of speech, the press, and the right to petition the Government for a redress of grievances.
The Second Amendment of the Constitution of the USA gives citizens the right to bear arms.
The Third Amendment prohibits the Government from accommodating troops in private homes, grievance during the American Revolution.
The Fourth Amendment secures citizens from unreasonable search and seizure and shall not be violated. The Government shall not conduct any searches without a warrant, and such warrants must be issued by a judge based on probable cause.
The Fifth Amendment states that citizens shall not be subject to criminal prosecution and punishment without due process. Citizens may not be subjected to the same offence twice and are protected from the right to remain silent. The amendment also states that private property is not seized for public use without just compensation.
The Sixth Amendment states the right to a speedy trial by a jury of one’s peers, to be informed of the crimes with which one is charged, and to confront the witnesses brought forward by the Government. The amendment also provides the accused with the right to legal representation and compel testimony from witnesses.
The Seventh Amendment affirms that civil cases keep the right to trial by jury.
The Eighth Amendment of the Constitution of the USA prohibits excessive bail, fines, and cruel unusual punishments.
The Ninth Amendment affirms that the list of rights mentioned in the Constitution is not exhaustive and that the people retain all rights not enumerated.
The Tenth Amendment states that all power not delegated to the United States will rest in the hand of States or to the people.
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