The Bill of Rights Essay Example | Topics and Well Written Essays - 2500 words

The Bill of Rights - Essay Example James Madison is acknowledged as the chief Bill of Rights author (Revolutionary War and Beyond, 1). This document protects Americans' rights as discussed below I. Freedom of Speech, Press, Religion and Petition The Congress shall not make any law with regard to the founding of religion, or barring the free exercise thereof; or abridging the freedom of the press or of speech; or people’s right to assemble peaceably, and to implore the Government to even out their grievances (Mintz, 295). II. Right to bear and keep arms A well-regulated armed force, being crucial to the safety of a Free State, people’s right to bear and keep arms shall not be interfered with (Yale Law School, 1-10). III. Conditions for quarters of soldiers In time of peace, no soldier shall be housed in any house, without the owner’s consent the, nor during war, but in a way that the law prescribes (Yale Law School, 3). IV. Regulation of the right of search and seizure The Bill of Rights forbids th e violation of the right of the people to be safe in their houses, persons, effects, and papers against irrational seizures and searches. Moreover, no warrants shall come forth, except upon plausible grounds, backed by affirmation or oath, and predominantly giving a description of the place that need searching, and the things or people to be taken into custody (Yale Law School, 4). V. Provisions relating to prosecution According to the Bill of Rights, but for on a Grand Jury’s indictment or presentment, no individual shall be seized to answer for a capital/federal crime, or else an infamous crime, with the exception of in cases cropping up in the militia, or in naval or land forces, while in actual service in the event of public danger or war. It also states that unless the judges fail to come to a ruling, an individual cannot go through trial for one offense two times; and that the court cannot compel anyone to testify against himself/herself or deprive him/her of life, prop erty or liberty, without due law process. Moreover, the government should not take the property of an individual for public use without fair compensation (Mintz, 295). VI. Right to a fair trial In all criminal prosecutions, the Bill of Rights guarantees the right to a public and speedy trial of the accused by unbiased judges in the jurisdiction wherein the alleged crime took place. Moreover, the Bill gives the accused the right to be informed of the cause and nature of the charges against them, in addition to guaranteeing him/her the right to employ the services of a lawyer in his/her defense as well as the right to cross-examine witnesses (Mintz, 295). VII. Right to a trial by jury In lawsuits at common law, the Bill grants the accused the right to a trial by jury and also guarantees that facts that those juries decide cannot be later examined again in any US court (Yale Law School, 4). VIII. Bails, fines and punishment The Bill of rights prohibits excessive fines, excessive bail, and the inflicting of unusual and cruel punishments (Mintz, 295). IX. Rule of construction of Constitution The bill stipulates that the listing of certain rights in the Constitution shall not be taken to mean the denial or disparaging of other rights that the people retain (Yale Law School, 4). X. Rights of the States and the people under Constitution The Bill indicates that the states as well as the people retain powers that the Constitution has not delegated to the US and the federal government