May 22, 2011
University of Phoenix
Bill of Rights and Amendments
Bill of Rights and Amendments to the Constitution refers to the ensuing changes to the nation’s supreme document after its preliminary ratification. At first the founders conceded the initial 10 Amendments known as the Bill of Rights at the same time. In an attempt to tackle envisaged challenges and perfect the union, the founding fathers made enhancements to the early Constitution. As part of the national effort, these changes incorporated certain rights that the founders thought as eminent in advancing liberty and good governance. Notably, Bill of Rights include such rights as civil rights, the rule of law, fair trial, and all such rights that promote equality.
This paper aims to explore how and why Amendments become part of the Constitution, the problems with the original document that motivated the adoption of the Bill of Rights and its effects. In addition, the paper also details the problems with the original document, or changes in society that necessitated later amendments. Finally, the paper chronicles the thirteenth through fifteenth Amendments to the Constitution.
How and why Amendments become part of the Constitution
As Chief Justice John Marshall, 1821 once said, the people made the Constitution, and the people can unmake it. The Constitution is the creature of people’s will, and lives only by their aspirations. The Articles of the document adopted at the Philadelphia summer convention of 1787 represents a form of mutual statesmanship and the model of concession. However, Amendments became perceptible as a handful of states representatives deliberating on the document never refined it so that it covers the imminent need of incoming states. As such, successive changes to represent the broad interests for additional members to the new union become inescapable.
Amendments to the document were obligatory as no single state, pointless to cite the seven states that formed the convention quorum could dictate the outline as scores of issues remained unresolved. The decree on the amount of authority by central government, state Congressional quota, and their election process never incorporated rights. Therefore, to ensure respect of these fundamental rights, they passed Amendments to the Constitution to pave way for the inclusion of these rights. The constitutional inclusion is the only viable option that imposes these rights in all states.
Problems with the Original Document that Motivated the Adoption of the Bill of Rights
The original document had diverse number of oversights during its inception until the Bill of Rights became part of the final document. "The Bill of Rights is a set of 10 articles amending the original Constitution. It was authored by James Madison and enacted in the First Congress, which followed shortly after the original Constitution was ratified and the new federal government formed ”Kates, D. B.(2008). The fresh frame of governance as adopted at the convention contained many loopholes and critics feared it made potential room for central government’s abuse of power. Early founders had fresh in their minds the memory of the British violation of civil rights before and during the Revolution.
For that reason, they demanded bills of rights that spell out the immunities of individual citizens. This state of affairs left many delegates disappointed particularly George Mason, a legendary voice of early constitutional dissent from Virginia, who had earlier written the Virginia Declaration of Rights. The Archive further reveals that James Madison drafted the Amendments to the Constitution. The paramount authority of the Supreme Court came to exert much influence and effects on the Bill of Rights....