When James Madison put pen to paper to write the Bill of Rights in 1789, his goal was to guarantee a number of personal freedoms for American citizens while simultaneously limiting the power of the federal government. A major debate during the Constitutional Convention centered on whether to provide enumerated rights for Americans. In order to appease the Anti-Federalist faction, those who feared a strong federal government would signal a return to a monarchy, the Bill of Rights was officially adopted and ratified by three-fourths of the states in 1791.
The rights listed in the Bill of Rights, though not uniquely American, have formed the basis of our democracy for over two-hundred years. While each is critical in its own right, your task in this essay assignment is to argue which of the first ten amendments is the most important to the long-term survival of Americans’ civil liberties. Below are a list of the ten amendments and the rights guaranteed in each:
1st Amendment
Freedom of Religion, Speech, Petition, Press, and Assembly
2nd Amendment
Right to bear arms (own a firearm)
3rd Amendment
Do not have to quarter soldiers in your home
4th Amendment
Outlaws searches and seizures without a warrant; specific guidelines for issuing warrants
5th Amendment
Grand Jury needed for felonies; right against self-incrimination; no ‘double jeopardy’; due process clause; protection of private property
6th Amendment
Speedy, public, fair trial; impartial jury of peers; writ of habeas corpus; assistance of a lawyer; presentation of evidence and witnesses
7th Amendment
Codifies a trial by jury in certain civil cases
8th Amendment
No excessive bail; no excessive fines; no cruel and unusual punishment
9th Amendment
The guarantee of non-enumerated (implied) rights in the U.S. Constitution
10th Amendment
Preservation of federalism; States and people will be granted all powers not prohibited by the Constitution
Directions: In short, you will determine which of the ten amendments is the most important to our country today andexplain why. In your answer, you will want to make a firm argument for why the amendment you have chosen is more important than any of the others. You will also want to cite at least three historical examples/events of when this right was protected and/or infringed upon by the government, being sure to explain how the amendment’s protections were important to each event. Finally, you will want to cite one Supreme Court case in which the Supreme Court either offered greater protection or more restrictions with regard to your amendment.
Notes: (1) For amendments with multiple clauses (i.e. the First Amendment’s five freedoms), it is acceptable to write on only oneof the clauses. (2) You should avoid trying to make a political argument in your paper.
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