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Essаy Prоmpt: Exаmine the оrigins, purpоse, аnd impact of the Bill of Rights in shaping the rights and liberties of American citizens. Assess the debates surrounding the inclusion of a Bill of Rights and analyze specific amendments that have had an influence on American society. Document 1 Source: Anti-Federalist Papers Brutus #1 If the constitution, offered to your acceptance, be a wise one, calculated to preserve the invaluable blessings of liberty, to secure the inestimable rights of mankind, and promote human happiness, then, if you accept it, you will lay a lasting foundation of happiness for millions yet unborn; generations to come will rise up and call you blessed. You may rejoice in the prospects of this vast extended continent becoming filled with freemen, who will assert the dignity of human nature. You may solace yourselves with the idea that society, in this favored land, will fast advance to the highest point of perfection; the human mind will expand in knowledge and virtue, and the golden age be, in some measure, realized. But if, on the other hand, this form of government contains principles that will lead to the subversion of liberty—if it tends to establish a despotism, or, what is worse, a tyrannical aristocracy; then, if you adopt it, this only remaining asylum for liberty will be shut up, and posterity will execrate your memory. Document 2 Source: Federalist Papers, No. 84 Published in McLean’s Edition, May 28, 1788 by Alexander Hamilton. I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it would furnish, to men disposed to usurp, a plausible pretense for claiming that power. They might urge with a semblance of reason, that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it was intended to be vested in the national government. This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights. Document 3 Source: Letter from Thomas Jefferson to James Madison on the importance of having a bill of rights, December 20, 1787. …. “First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. To say, as Mr. Wilson does, that a bill of rights was not necessary because all is reserved in the case of the general government which is not given, while in the particular ones all is given which is not reserved, might do for the Audience to whom it was addressed, but is surely a gratis dictum, opposed by strong inferences from the body of the instrument, as well as from the omission of the clause of our present confederation which had declared that in express terms. It was a hard conclusion to say. After all, there has been no uniformity among the states as to the cases triable by jury, because some have been so incautious as to abandon this mode of trial; therefore the more prudent states shall be reduced to the same level of calamity. It would have been much more just & wise to have concluded the other way that as most of the states had judiciously preserved this palladium, those who had wandered should be brought back to it, and to have established general right instead of general wrong. Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference.” Document 4 Source: Letter from James Madison to Thomas Jefferson on why having a bill of rights would be a waste of time. October 17, 1788 “My own opinion has always been in favor of a bill of rights; provided it be so framed as not to imply powers not meant to be included in the enumeration. At the same time, I have never thought the omission a material defect, nor been anxious to supply it even by subsequent amendment, for any other reason than that it is anxiously desired by others. I have favored it because I supposed it might be of use, and if properly executed could not be of disservice. I have not viewed it in an important light 1. because I conceive that in a certain degree, the rights in question are reserved by the manner in which the federal powers are granted. 2. because there is great reason to fear that a positive declaration of some of the most essential rights could not be obtained in the requisite latitude. I am sure that the rights of Conscience in particular, if submitted to public definition, would be narrowed much more than they are likely ever to be by an assumed power. One of the objections in New England was that the Constitution, by prohibiting religious tests, opened a door for Jews, Turks & infidels. 3. because the limited powers of the federal Government and the jealousy of the subordinate Governments, afford a security which has not existed in the case of the State Governments, and exists in no other. 4 because experience proves the inefficacy of a bill of rights on those occasions when its control is most needed. Document 5 Source: Excerpt from majority opinion from Gitlow v. New York, 1925. “Benjamin Gitlow was indicted in the Supreme Court of New York, with three others, for the statutory crime of criminal anarchy. The contention here is that the statute is repugnant to the due process clause of the Fourteenth Amendment. The indictment was in two counts. The first charged that the defendant had advocated, advised and taught the duty, necessity and propriety of overthrowing and overturning organized government by force, violence and unlawful means, by certain writings therein set forth entitled “The Left Wing Manifesto”; the second, that he had printed, published and knowingly circulated and distributed a certain paper called “The Revolutionary Age,” . . . advocating, advising and teaching the doctrine that organized government should be overthrown by force, violence and unlawful means. . . . We cannot hold that the present statute is an arbitrary or unreasonable exercise of the police power of the State unwarrantably infringing the freedom of speech or press, and we must and do sustain its constitutionality. This being so, it may be applied to every utterance which is of such a character and used with such intent and purpose as to bring it within the prohibition of the statute. In other words, when the legislative body has determined generally, in the constitutional exercise of its discretion, that utterances of a certain kind involve such danger of substantive evil that they may be punished, the question whether any specific utterance coming within the prohibited class is likely, in and of itself, to bring about the substantive evil is not open to consideration. It is sufficient that the statute itself be constitutional and that the use of the language comes within its prohibition.” Document 6 Source: An article in the Maryland Journal. November 9, 1788 by “Uncus” Does the new proposed plan give Congress more power than is necessary they should possess, to enable them to act for the interest–secure the trade–protect and support the honor of the States? By this rule they never must have any. Most people no doubt will agree, that the freedom of a nation does not so much depend on what a piece of parchment may contain, as their virtue, ideas of liberty and “the sense of the people at large.” When the Americans shall have lost their virtue, when those sentiments of liberty which pervade the breasts of freemen shall cease to glow in their bosoms, bills of right will not secure their liberties. But whilst they practice virtue, and retain those sentiments,–from whence can a Congress be collected, who will dare infringe their liberties; or be ignorantly hardy enough to attempt “the liberty of the press.” Should it be thought best at any time hereafter to amend the plan; sufficient provision for it is made in Art. 5, Sect. 3, without placing ourselves in the situation of a conquered people; when divided among three powers, to sue for such conditions as we could obtain. Document 7 Source: Letter to the editor in the Virginia Independent Chronicle, June 25, 1788, signed, “A Delegate Who Has Catched Cold.” Our rights as a free people were fixed and fully expressed at the head of our different constitutions. Why then should they not be placed also at the head of this general federation, which may supersede these? Some states, it is true, have no bill of rights, but it is an additional reason for inserting one in the federal; since as Americans their rights are the same, and making a greater concession of those rights to the federal body, that precaution is at present indispensable: it is not possible now to be ignorant of our rights, and to contest them, being so near of the glorious epoch of their acquisition; but it will be attempted in the future time and the history of all ages announce that they will no more be spared, than those of all the people who have preceded us, if we have no more care for their preservation. Document 8 Source: Excerpt from Supreme Court case, Miranda v. Arizona, 1966 We hold that an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation under the system for protecting the privilege, we delineate today. . . . No amount of circumstantial evidence that the person may have been aware of this right will suffice to stand in its stead: Only through such a warning is there ascertainable assurance that the accused was aware of this right. If an individual indicates that he wishes the assistance of counsel before any interrogation occurs, the authorities cannot rationally ignore or deny his request on the basis that the individual does not have or cannot afford a retained attorney. . . . The privilege against self- incrimination secured by the Constitution applies to all individuals. The need for counsel to protect the privilege exists for the indigent as well as the affluent. Document 9 Source: Excerpt from Supreme Court case Mapp v. Ohio, 1961 Since the Fourth Amendment’s right of privacy has been declared enforceable against the States through the Due Process Clause of the 14th (Amendment) it is enforceable against them by the same sanction of exclusion as is used against the Federal Government. Were it otherwise . . . the freedom from state invasions of privacy would be so ephemeral and so neatly severed from its conceptual nexus with the freedom from all brutish means of coercing evidence as not to merit this Court's high regard as a freedom “implicit in the concept of ordered liberty.” . . . in extending the substantive protections of due process to all constitutionally unreasonable searches—state or federal—it was logically and constitutionally necessary that the exclusion doctrine—an essential part of the right to privacy-be also insisted upon as an essential ingredient of the right. Our holding that the exclusionary rule is an essential part of both the Fourth and 14th Amendments is not only the logical dictate of prior cases, but it also makes very good sense. There is no war between the Constitution and common sense. Federal-state cooperation in the solution of crime under constitutional standards will be promoted, if only by recognition of their now mutual obligation to respect the same fundamental criteria in their approaches. Document 10 Source: Excerpt from Supreme Court case Hazelwood v. Kuhlmeier, 1988 …. We deal first with the question whether Spectrum* may appropriately be characterized as a forum for public expression. The public schools do not possess all of the attributes of streets, parks, and other traditional public forums that “time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.” . . . Hence, school facilities may be deemed to be public forums only if school authorities have “by policy or by practice” opened those facilities “for indiscriminate use by the general public,” . . . If the facilities have instead been reserved for other intended purposes, “communicative or otherwise,” then no public forum has been created, and school officials may impose reasonable restrictions on the speech of students, teachers, and other members of the school community. Educators are entitled to exercise greater control over this second form of student expression to assure that participants learn whatever lessons the activity is designed to teach, that readers or listeners are not exposed to material that may be inappropriate for their level of maturity, and that the views of the individual speaker are not erroneously attributed to the school. Hence, a school may in its capacity as publisher of a school newspaper or producer of a school play “disassociate itself,” . . . not only from speech that would “substantially interfere with [its] work . . . or impinge upon the rights of other students,” . . . but also from speech that is, for example, ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences. A school must be able to set high standards for the student speech that is disseminated under its auspices—standards that may be higher than those demanded by some newspaper publishers or theatrical producers in the “real” world—and may refuse to disseminate student speech that does not meet those standards. *Student newspaper from Hazelwood East Senior High School.