Argumentative Essay: Bill Of Rights

Emily Macoul
Stephen Russell
American Government
March 12, 2015
Alternative Essay: Bill of Rights
The Bill of Rights is used in our everyday lives. It gives a person with no criminal background and a person with criminal background rights. When we wake up in the morning we use examples of the Bill of Rights. We have the power to decide what we are going to do on a particular day. We have the power to practice a religion or not. We also have the power to assemble in peace every day or not. In the summer of 1787, delegates from the 13 states convened in Philadelphia and Constitution of the United States was drafted. The Constitution at this time, being very flawed, didn’t include specific individual rights of American citizens. The Federalists
and Anti-Federalists could not come to a civil ground without something being put into place. Thomas Jefferson stepped in an argued: "A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference." The American Bill of Rights, inspired by Jefferson and drafted by James Madison, was adopted, and in 1791 the Constitution's first ten amendments became the law of the land. (Source 1)
The Bill of Rights, whether it being by state or through the United States Constitution, state several things. Similarly, the several things that each touch upon is our rights. Not only citizens of a particular state, but our rights as Americans. One Amendment that both Bill of Rights include is the right to bear arms. “A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed. (Zaino, 150) In both Bills, it basically means that we all have a right to protect our property, as well as our family, and ourselves.
Secondly, both Bills guarantee freedoms of speech, press, and assembly. “Free speech and liberty of the press are essential to the security of freedom in a state: They ought, therefore, to be inviolably preserved.” (Source 2) In other words, this amendment allows us to practice any religion, speak how we want, print what we want in newspapers, and allows us the right to peaceably assemble, and to petition the Government for a damage and compensate for any harm done by something they put forth.
Lastly, the Fifth Amendment of the Constitution gives any person who may be taken under a government official, to not speak.
It states that “no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentation or indictment of a Grand Jury.” (Zaino, 151) The Fifth Amendment is famous for people saying "I'll take the Fifth". This gives people the right to choose not to testify in court if they feel their own testimony will incriminate themselves. In addition this amendment protects citizens from being subject to criminal prosecution and punishment without due process. It also prevents people from being tried for the same crime twice. The amendment also establishes the power of eminent domain, which means that private property cannot be seized for public use without just
compensation.
Although there are many similarities, the New Hampshire Bill of Rights has many Articles that the constitution doesn’t have. In the NH Bill, Article 36 states “Economy being a most essential virtue in all states, especially in a young one; no pension shall be granted, but in consideration of actual services, and such pensions ought to be granted with great caution, by the legislature, and never for more than one year at a time.” (Source 4) This is basically saying that, the economy and how its doing is important. When it comes to pensions they need to be given out carefully and scarcely.
Another Article not found in the United States Constitution includes the following: “No law changing the charter or form of government of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters of such city or town upon a referendum to be provided for in said law.
The legislature may by general law authorize cities and towns to adopt or amend their charters or forms of government in any way which is not in conflict with general law, provided that such charters or amendments shall become effective only upon the approval of the voters of each such city or town on a referendum.” (Source 2) In order for a state to change licensing, agreements, commissions, etc. it must be voted on by a board within the town. The state government can make up a law states the changes, but voters must agree or vote on the change before it can be
done.
Lastly Article 23 of the NH Bill states: “Retrospective laws are highly injurious, oppressive, and unjust. No such laws, therefore, should be made, either for the decision of civil causes, or the punishment of offenses.” (Source 2) A retrospective law is a law that is put into place without it going through the many steps in order for it to become a law. The three Articles I stated above aren’t in the United States Constitution because every state is different. Not all states allows the same rights for its citizens are the United States allows for its Americans. You can’t limit or expand rights on the states through a United States Constitution.

Sources:
1. https://www.aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/bill-rights-brief-history
2. http://www.nh.gov/constitution/billofrights.html
3. Core Concepts of America Government by Jeanne Zaino
4. http://teachingamericanhistory.org/bor/constitutions/new-hampshire/