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Bill of Rights: Essential Liberties (Essay Sample)
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22 Feb 2020 20:58
PURPOSE
The purpose of this discussion is to assess the role and value of the rights and privileges American citizens are afforded via the Constitution.
BACKGROUND
Do Americans take their liberties “for granted”? Many Americans are quick to point out that the USA is the "freest country in the world." Yet, other democracies include more thorough lists of liberties afforded to their citizens.
Indeed, The Framers of the Constitution, particularly those sympathetic to the Anti-Federalist program, desired a guarantee that the newly formed federal government would not deny citizens certain freedoms considered “essential” to civic life. Federalists, meanwhile, did not see the point in enunciating certain rights. They argued that by including some rights and not others, the Congress would be free to deny citizens those “undiscovered” rights not included in the Constitution. For instance, there is no “right to privacy” in the Constitution, though court cases and interpretation have certainly created one in the hearts of Americans.
TASKS
REVIEW the Bill of Rights -- the first ten amendments or changes to the U.S. Constitution. Then, RESPOND to the following three critical thinking prompts:
1. Consider the civil liberties enshrined in the Bill of Rights. Identify three liberties you feel are the most essential to citizens in the daily and/or political lives? Be sure to explain your answers.
Note: some amendments, like Amendment One, include multiple liberties (i.e., the freedoms of speech, worship, publishing, assembly). You do not need to choose three amendments per se, but rather three liberties or freedoms. In other words, although there are ten amendments, there are more than ten liberties.
2. Think about rights or liberties that are included in the Bill of Rights, and select one that you feel could be removed and either a) not cause damage to the fabric of civic life in the USA and/or b) improve civic life in the USA. Explain your reasoning.
Note: Amendment 3, which states that "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law," is arguably unnecessary in contemporary society. If you choose to discuss this one, do so with nuance and imagination.
3. Think about rights or liberties that are not included in the Bill of Rights and select one that you feel should be amended ("added to") the Constitution today. Explain your response.
Note: For example, the "right to privacy" is based on an alchemy of court interpretation, federal and state laws, and a value-based understanding that one should be secure in their affairs in a "free" country. But because there is no explicit "right to privacy", lawmakers and the courts have the ability to draw lines in the sand when it comes to so-called privacy rights. source..
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‘Bill of Rights: Essential Liberties’
This essay will provide detailed and comprehensively analyzed responses to the three critical thinking prompts. It will identify at least three liberties that are essential to American citizens in their daily and political lives and address one of the rights provided by the Bill of Rights which, if eliminated, may improve the civic life or not cause harm to the fabric of the civil life in the country. This essay will also establish one of the rights or liberties not included in the Bill of Rights that needs to be added.
Analysis of Essential Liberties in the Bill of Rights
Prompt One
One of the essential liberties in the daily lives of the Americans is stipulated in the Fourth Amendment. This liberty entails sufficient protection of the citizens against unreasonable seizures as well as a search of private property (Olivito, 672). The rapid increase in cases of the illegal search of private property by law enforcement officers has seen many citizens get deprived of their right to privacy. Olivito, argues that privacy is a critical factor in enhancing the daily lives of the citizens and violation of such rights through illegal seizures and searches of private property may significantly affect the human dignity of the victims of such circumstances (Olivito, 682). The second critical liberty is freedom of speech and press, commonly referred to as freedom of expression that is guaranteed to the American citizens in the First Amendment. This civil liberty that is enshrined in the Bill of Rights is very pivotal in promoting the political lives of the citizens (Shiffrin 3). It accords them the freedom to express their views regarding specific issues facing them without having a fear of government restraint.
Vibrant democracy in the United States can be best achieved through strictly enhancing the freedom of expression of the public as one of the most indispensable tools for promoting self-governance in any society that practices democracy (Shiffrin 18). The fact that American is a democratic society makes this liberty essential for the citizens. Another fundamental liberty relates to freedom of worship or religion. Freedom of religion advocated by the First Amendment improves the daily lives of the citizens through promoting the cultural identities and religious beliefs of people, which should always be respected (Epstein 8).
Prompt Two
Amongst all the rights and liberties that are included in the Bill of Rights, the least essential liberty relates to restriction of the sectioning of men in uniform in private homes, particularly during the times of peace or war. The removal of this liberty is likely to have little or no negative impact on the fabric of the civic life of the citizens in the country. That is because the intended purpose of this liberty is already comprehensively expounded by the Fourth Amendment, which protects the citizens from unlawful seizure of private property (Gamble 207). That makes the Third Amendment unreliable and less influential in promoting the rights and liberties of the citizens as enshrined in the Bill of Rights since it seems to duplicate other functions of the Fourth Amendment.
Prompt Three
Several rights or liberties have not yet been incorporated in the Bill of Rights despite their significant impact on the rights of the citizens. One of the liberties that need to be added relates to the Fifth Amendment and involves the liberty of a fair indictment by t...
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