Bill of Rights paper final Sample

Bill of Rights and Amendments
NAME
HIS/301
AUGUST 15, 2013
Professor
Bill of Rights and Amendments
Although the Constitution was written primarily to define and represent the ideals and dreams of men for freedom of life; liberty, and the pursuit of happiness, there were many imperfections because of the compromises required to get the document ratified by the states involved. Amendments to the Constitution were added to correct these deficiencies, including the Bill of Rights and the first 10 amendments. However, the Bill of Rights still did not adequately address the issues of slaves. Amendments 13, 14, and 15 were added in an attempt to fulfill the gaps left by the original 10. These amendments were also a precursor to future amendments addressing civil right issues during the Civil Rights movement.
How and Why Amendments are added to the Constitution
The Constitution was approved in 1788, including Article V stating how amendments would be added. Amendments were needed either as an improvement, a correction, or an addition. There are two ways to pass an amendment although only one has ever been used. The first method takes two-thirds of the house and Senate and three-fourths of the states to have a proposed amendment ratified. The second method, although never used requires a Constitutional Convention to be called by two-thirds of the House and Senate and approved by three-fourths of the states. The "US Constitution" (n.d.) website states that the president can have no role in amending the formal process of the amendment, nor can he veto the amendment or ratification. The first amendments to be added to the Constitution are known as the Bill of Rights. They encompass amendments one through 10. Two groups formed to discuss the ideas of a bill of rights. The first group, known as the Federalists did not think a bill of rights was needed. The second group, Anti-Federalists believed a bill of rights would prevent the government from threatening the authority of states and from taking away rights of individuals. The debate over the need for a bill of rights originated before the ratification of the Constitution and continued to be a major issue over certain basic rights not covered. The Federalists compromised and agreed to support the addition of a bill of rights to avoid endangering the ratification of the Constitution by key states.
Problems with Constitution Motivating Bill of Right
Many personal freedoms were not explicit in the Constitution such as freedom of religion, free press, freedom from unreasonable search and seizure press, prohibiting double jeopardy, right to bear arms, free speech, security in personal effects, freedom from warrants without probable cause, and guarantee of a speedy public trial. The need to guarantee and define these rights precipitated the addition of the Bills of Rights. The Constitution did have some of these rights within them, but the Bill of Rights goes farther to explain them in greater detail. Thomas Jefferson persuaded James Hamilton to draft amendments to satisfy critics who say the Constitution was incomplete without human rights protection.
Effects of Bill of Rights
Although the Bill of Rights did not immediately have a big impact on individual rights, it is at the center of today’s government. This bill limited actions by the federal government and left the states to protect their citizens by their own states Constitution. Prior to passage of the 14th amendment, it was the federal government that the Bill of Rights pertained to only. Therefore, individuals were not strongly effected until after the passage of the 14th Amendment by applying these rights to state governments. According to "Celebrate the Constitution" (2003), “Since its adoption in 1791, the Bill of Rights has served as the cornerstone of basic American freedoms. Its laws specify the fundamental rights and most cherished liberties of the American people and protect them from the whims of popular majority opinions and abusive government officials” (para. 1).
Problems with Constitution Leading to Amendments 13, 14, and 15 The compromises made regarding the issue of slavery in the Constitution precipitated the need for the 13th, 14th, and 15th amendments. Although there were opponents of slavery, there was not a serious movement to abolish slavery at that time. The southern states relied on the use of slavery for their agriculture industry. It was understood that without a guarantee of slave labor, the southern states would not ratify the Constitution. Therefore, the northern states compromised on this issue. The personal rights of slaves were not addressed in any manner. The 13th Amendment abolished slavery, but left the status of the freed slaves unclear. Although the Supreme Court Dred Scott decision declared slaves to be non-persons, the 14th Amendment established the freed slaves as citizens. The 15th Amendment gave the Blacks the right to vote. The compromises made by the north in the Constitution as a means to get the south to ratify it actually recognized and protected slavery. The Enumeration Clause appropriated representatives for each state based on its population. Slaves were counted as “other persons” and were allotted as three-fifths of a whole person. The north wanted the slaves counted as property and not persons, but the south wanted them counted as whole persons despite their legal status of “other persons.” The Fugitive Slave Clause of the within Constitution required states with escaped slaves to return them to the state they came from. The north and south continued to debate over slavery until the civil war. Even after the passage of the Emancipation Declaration in 1863 freeing the slaves, northerners still worried it may be seen only as a temporary measure to settle the war. They pursued a permanent measure abolishing slavery with the passage of the 13th Amendment. Although the 13th Amendment did abolish slavery, the freed slaves did not enjoy the same rights as other citizens. Their rights were undefined and unclear. They were left without protection against the attempts of the southern states to classify them as an underclass status for nonpersons.
In 1868, the 14th Amendment was passed to give the freed slaves the same rights as any other natural born citizen. This amendment explicitly classified Blacks as persons and citizens by a natural right of being born here in this country and recognizing their allegiance to it. Although this amendment prohibited states from taking away any individuals civil rights, Blacks were still treated unfairly in the south. Once again, the Blacks did not receive the rights that others enjoyed. Voting was one right not fully enjoyed by Blacks. The south did not want them to vote as it may lead to power. The Blacks were not encouraged to vote or instructed how to vote. Each state governed their own voting rights and citizenship did not necessarily qualify one for voting rights.
The 15th Amendment was passed to give the Blacks the right to vote and run for election, removing the race qualification. A question has arisen regarding the validity of the ratification of this amendment. The Congress that proposed the amendment excluded the 11 breakaway southern states. Ten of these states later ratified it in compliance with the First Reconstruction Act of March 2 giving all Black males the right to vote as a condition to be readmitted into the Union. Once again the southern states found a way to deter the Blacks from voting. Some states passed laws requiring voters to pass a reading and writing test and also to pay a poll tax. Most of the slaves did not have the opportunity to learn how to read and write. They also could not afford to pay the poll tax. The southern states were trying to limit the power that can be gained by the Blacks exercising their voting rights.
Effects of 13th, 14th, and 15th Amendments
Although the effects of the 13th, 14th, and 15th Amendments were not immediate but the long-term effects are far reaching. The amendments were ignored by some states for a century. The narrow meaning of the 13th Amendment ending slavery but the south fought hard against it because freeing slaves would cause other problems. The north wanted the slaves to stay down south as they were afraid that they would take jobs for less pay. The 14th Amendment giving citizenship to Blacks ultimately did not address racial discrimination causing segregation to grow. The doctrine of separate but equal became prevalent in public transportation and other similar areas. These laws were called “Jim Crows” laws and justified segregation in public areas separating Blacks from Whites. The deficiencies and abuses of these amendments led to the Civil Rights Movement and also encouraged the Women’s Suffrage Movement. These amendments were a precursor to other amendments defining the rights of other discriminated classes of people. Without these amendments, women would not have the rights they enjoy, and we probably would not have a Black president today. The 15th Amendment was added to protect Blacks voting rights. Soon Blacks started voting in large numbers to gain political powers to protect their rights “Civil War Amendments," (n.d.). Afterwards states starting passing laws that require people to pay a poll tax and a requirement for all voters to pass a reading and writing test. There were people still trying to take away African Americans civil rights.
Despite the efforts of many to limit civil rights of Blacks from the early writing of the Constitution to the present day, most of the ideals originally presented by the founders are in effect today. The Constitution was improved upon through the years with the addition of the Bill of Rights and other amendments as they became necessary to protect the rights of individuals. Bogen (n.d.), concludes “Some constitutional amendments have an impact beyond their terms: they transform the way people look at the world. An amendment evidences a consensus for change, and may be a catalyst for more” (para. 1).

References
Bogen, D.S. (n.d.). From Racial Discrimination to Separate but Equal. Retrieved from http://racism.org/index.php?option=com_content&view=article&id=1356:common-law-impact&catid=113&Itemid=140&showall=1&limitstart=
Celebrate the Constitution. (2003). Retrieved from http://teacher.scholastic.com/scholasticnews/indepth/constitution_day/background/index.asp?article=billofrights
Civil War Amendments. (n.d.). Retrieved from http://library.thinkquest.org/J0112391/civil_war_amendments.htm
US Constitution. (n.d.). Retrieved from http://www.usconstitution.net/constam.html#process

References: Bogen, D.S. (n.d.). From Racial Discrimination to Separate but Equal. Retrieved from http://racism.org/index.php?option=com_content&view=article&id=1356:common-law-impact&catid=113&Itemid=140&showall=1&limitstart= Celebrate the Constitution. (2003). Retrieved from http://teacher.scholastic.com/scholasticnews/indepth/constitution_day/background/index.asp?article=billofrights Civil War Amendments. (n.d.). Retrieved from http://library.thinkquest.org/J0112391/civil_war_amendments.htm US Constitution. (n.d.). Retrieved from http://www.usconstitution.net/constam.html#process