Understanding the Bill of Rights and Its’ Importance Today

The United States is a nation that was founded on the principle of freedom. Civil liberties, as outlined in the Bill of Rights to the original Constitution, were the means by which ordinary citizens could be guaranteed freedom. In today’s political climate, many of these civil liberties are under attack as supporters of the Patriot Act strive to put an end to privileges enjoyed by United States citizens for more than two hundred years. Although the Patriot Act was designed to protect against terrorists, American freedoms are affected. And, there are some Americans who believe that losing individual freedoms are necessary for the greater good.
Patrick Henry, one of the nation’s foremost patriots of the American Revolution, once cried, “Give me Liberty or give me death!” His passionate outcry resonates over the centuries for the Americans who want our freedoms to remain intact.
To understand why the Bill of Rights is important to everyday citizens, Americans must first understand what the Bill of Rights is and what it set as civil liberties for all.
The Bill of Rights consists of the first ten amendments to the Constitution, a document that outlined how the new American government would be created and operated. Bringing all the thirteen former colonies and their representatives to agreement was a difficult matter but the resulting document provides a flexible, fair, and almost flawless system of government. After the ratification of the Constitution in 1787, a movement began to better protect the interests of each individual. Our Bill of Rights was inspired by and based upon an earlier document, the Massachusetts Bay Colony’s Body of Liberties that took effect in 1641. The Body of Liberties provided citizens of that colony with some of the same rights enjoyed by Americans today. Two years after the Constitution was ratified and accepted, the Bill of Rights was proposed by Congress and went into effect in 1791.
Prior to the American Revolution, colonists were subject to the stringent laws and rules of the British. As in most European countries, British colonies were ruled with a firm hand. Dissent with the government, freedom to worship in the faith of choice, and any voice in government was uncommon. Such acts were often punishable offenses. Other requirements were in effect that set legal guidelines regarding who could own property, own firearms, and many other aspects of American life that we view as rights today. Trials were often unfair and innocent citizens were often found guilty. The Bill of Rights was designed as a foundation for the new nation that would establish civil liberties and protect these rights of each individual citizen.
The Bill of Rights was also designed to prevent the government from assuming total power over citizens and to provide citizens with legal defenses.
The First Amendment is perhaps the most often quoted Constitutional Amendment and remains one of the most important because the freedom of speech, freedom of religion, freedom of the press, and the right to public assembly are all guaranteed through this first item of the Bill of Rights. Peaceful assembly, the right to petition the government over grievances and the guarantee that no state religion will be forced on citizens are all included in the First Amendment. The same amendment also protects the rights of others by limiting free expression that is slander or libel (false accusations or labels without any basis).
Often debated today, the Second Amendment grants Americans the right to keep and bear arms (weapons). The actual wording of this amendment states that, because a well-regulated militia is necessary to national security, citizens have the right to keep and bear arms. Anti-gun activists express beliefs that such a right is outdated but many gun owners will defend their right to keep and bear arms as long as the nation endures. To understand the history behind the second Amendment, it’s necessary to realize that at the time most able men were part of militias that could be called into duty at any time. Most states have specific laws regarding the use, ownership, and sale of firearms. Conviction of some crimes can revoke the right to keep and bear arms for citizens, especially violent crime.
Amendment Three focuses on the quartering of troops in private homes. Although no longer an issue, at the time the Bill of Rights was ratified, quartering of troops in private homes had been a major topic of the times. During the American Revolution, many troops were quartered or housed in the homes of citizens, often citizens with dissenting loyalties.
The Fourth Amendment remains very important because it limits the right of search and seizure by the authorities. This amendment prohibits unreasonable searches – such as those without probable cause or a warrant – and limits the power that authorities have to seize goods. This amendment prevents the government or any legal authority from entering homes to search without cause and from taking items without valid reason or legal permission.
If there is any Amendment commonly known by almost every American citizen, it must be the Fifth Amendment. The phrase “I’ll take the Fifth” is often used in popular media (movies, television programs, and books) to indicate that someone refuses to provide information that could incriminate. This right is provided to citizens as part of the Fifth Amendment, which also guarantees a fair trial by jury and provides for respect of private property.
Amendment Six provides civil rights to anyone accused of a crime. Provisions include the right to a speedy, public trial, an impartial jury of peers, to have full knowledge of accusations and charges made, and to have legal counsel provided to all. This amendment also prevents any individual from being tried more than once for the same offense.
Amendment Seven provides for common law. In any legal suit involving goods, property, or values above twenty dollars, citizens are granted the same rights to a fair trial and jury as those facing criminal charges.
Amendment Eight prohibits excessive amounts of bail, excessive fines, and cruel or unusual punishments. This amendment regulates the amounts of bail and fines allowable by law as well as protects the rights of prisoners.
Amendments Nine and Ten both refer to unlisted rights of common citizens as well as reserve specific rights to each individual state. These amendments allow states to be self-governing and to make their own laws for the citizens of the states.
The Patriot Act enacted to protect United States citizens against foreign terrorists has done more to limit these basic constitutional rights than to prevent terrorism. Many Americans have conceded rights in order to feel better protected but the reality is that the Bill of Rights must be preserved in order to maintain the freedoms enjoyed by Americans.
Such civil liberties are what make the United States different than many other nations where tyranny reigns and individual rights do not exist. In order to remain a true democracy, a government of, for, and by the people, it is vital that the Bill of Rights continues to provide citizens fair treatment, equal opportunities, and the freedoms protected by our Constitution.