Brittany Foster: "What the Bill of Rights Means to Me"
I studied the Bill of Rights in the fifth grade, but never thought deeply about what those rights mean to me. In researching for this essay, I came to realize how important they are to my way of life.
The Founding Fathers knew the right to freedom of speech was important and needed protection. Freedom from tyranny requires freedom of expression without a king, president, or government deciding what can be spoken, written, or read. Freedom to believe and worship, freedom of books and of assembly, had all been regulated by kings of various countries. Founders of the Bill of Rights considered the risk of tyranny and sought ways to prevent it. In fact, many states were not going to ratify the Constitution unless it included the guarantee of specific rights for citizens.
I never realized anyone had opposed ratification of the Constitution. Yet some patriots who fought in the Revolution had major objections to the Constitution because they feared the Federal government would have too much power and could become as tyrannical as George III. They were afraid the freedoms they had fought for could eventually be lost if not guaranteed as a part of the Constitution. To ensure ratification of the Constitution, James Madison represented the Founding Fathers in writing the amendments known as the Bill of Rights.
While all components of the Bill of Rights provide vital basic freedoms to American citizens, I have the most to say about those elements having the greatest impact on my life and the lives of my family and friends.
I believe the First Amendment provides the most important, most fundamental freedoms we have. Our country was built on the belief that people had the right to have their own opinions and to live without government tyranny. While the First Amendment guarantees me certain freedoms, it comes with one annoying complication: it assures the same rights to people I may not like or with whom I disagree. I acknowledge that their right to express themselves is as important as my right to express myself.
Freedom of religion assures individuals the right to worship as they choose, or not. I am not a member of any specific religion, and am grateful that my government does not require me to participate in any organized religion.
Last week I saw a large group of people exercising their freedom of assembly (as ensured by the First Amendment) protesting the War in Iraq. There are few countries where citizens can openly express their disapproval of the actions of their government. In America, we cannot be punished for protesting or calling for the President and Congress to change our policies.
The Second Amendment, the "right... to bear arms," causes some conflict for me. I do not live in a house with firearms, but I know that right is important to others. I want to respect and protect their rights, but I know that countless crimes involve guns in the hands of the wrong people and many children are killed by guns kept in homes.
The Third Amendment says that "...no soldier shall, in time of peace, be quartered in any house without consent of the owner..." This amendment is an answer to the English who forced citizens to house soldiers during the occupations of the Revolution. God forbid that a war would ever be fought on American soil; our government would fight to protect us against the occupation of our private homes.
The Fourth Amendment allows people to be secure in their persons, houses, papers, and effects against unreasonable search and seizure. The government needs reasonable cause and a search warrant to go through my home, papers, computer, and any other property.
When I first studied the Bill of Rights I could not relate to the Fifth Amendment and the due process of law because of my certainty that I will never commit a crime or live a lifestyle where I will have to be concerned about due process. But what if I was wrongly accused of a criminal act? Due process guarantees the rights of all people to defend and explain themselves.
The Sixth Amendment also establishes the rights of an accused person by assuring the right to speedy and public trial by an impartial jury of his or her peers. Again, I do not plan to ever be accused of a crime, but I am assured a fair trial as are other Americans who are accused - fairly or unfairly - every day.
The Seventh Amendment promises people the right to a jury trial in civil matters.
If I ever believe that another person has caused harm to me, my property, or my good name, I can request a trial by jury to explain my grievance and seek compensation for damages.
The Eighth Amendment protects against excessive bail and excessive fines. It prohibits infliction of cruel and unusual punishments on any prisoner. I have heard about people, even young people my own age, being jailed in Mexico and other countries for months or years, unable to get out on bail or have a trial to determine innocence or guilt. This sort of thing cannot happen in America.
The Ninth Amendment seems confusing; however, it has a major influence on our overall rights and freedoms. The Founding Fathers could not possibly describe all the rights to which Americans are entitled, but the Ninth Amendment says that people do not lose rights (such as privacy) just because they were not specified in the Constitution.
The Tenth Amendment allows individual states to be responsible for management of issues that differ from state to state, such as education, law enforcement, and the hiring of local officials. As a future voter I will have a voice in local and state matters because the Tenth Amendment restricts the federal government's power to make the decisions about how individual states will be run.
While I cannot feel the entire Bill of Rights affecting me, personally, I can see its influence around me. My mother is a mental health professional who sometimes participates in decisions about whether certain individuals are capable of managing their own lives and personal freedoms. If it is determined that a person is a danger to himself or others, it may be necessary to have someone else make decisions for him. My mother has often discussed with me the fact that the courts take personal freedom very seriously, and there are numerous safeguards to prevent the mentally ill from loss of individual rights. The Bill of Rights assures that all citizens will be equally protected.
There was good reason for states to balk at ratifying the original Constitution. The Revolutionary War was all about breaking away from tyranny, unfair taxation, and oppressive governmental power. The addition of the Bill of Rights created a balance that would protect the rights of citizens while limiting the authority of the government. I am amazed that a document written more than two centuries ago continues to be timely and effectual in protecting the rights of American citizens. I am in awe of the gift of freedom bestowed by Madison and the other Founding Fathers.
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