OCR Text |
Show fo)2 I I Huts irecaelnies ling n bieenfrenmiiea Unprecedented document took effect Dec. 15, 1791 by F. Peter Wigginton American Forces Information Service Members of the Army, Navy, Air Force, Marine Corps and Coast Guard swear to preserve and protect the Constitution. In doing so, they represent the commitment this country has to freedom around the world and at home. Dec. 15. 1991, therefore, should be especially important to members of the military, for it commemorates the bicentennial of the adoption of this nation's Bill of Rights. No other people had ever before written such a document as the U.S. Constitution. The government it created has endured longer than any of its kind in history. The Bill of Rights consists of the first 10 amendments to that "living document," explain historians of the Bicentennial Commission on the U.S. Consti- tution. The first amendment protects the right of freedom of expression, religion, speech, assembly and petition. Amendments two through four guarantee the right to bear arms, disallow quartering of troops in homes without the consent of the owner and bar unreasonable search and seizure. Citizen protection Amendments five, six and eight protect citizens against arbitrary arrest, trial and punishment. They also prevent double jeopardy and and deny deprivation of life, liberty or property without due process of law. The seventh amendment guarantees the right of a jury trial in all civil cases. The ninth amendment says the rights in the Constitution will not be denied to the people of the United States. The 10th reserves powers not delegated to the federal government to the states and the people. Establishing a Bill of Rights was not easy. In May 1787, the Constitutional Convention opened in Philadelphia to strengthen the Articles of THE BILL OF RIGHTS Amendment 1: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment 2: 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. Amendment 3: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment 4: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment 5: No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. Amendment 6: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment 7: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury in any Court of the United shall be preserved, and no fact tried by a jury shall be otherwise law. common the the rules to of than according States, Amendment8: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Amendment 9: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Amendment 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The 14th Amendment, ratified July 9, 1868, extended the guarantees of the Bill of Rights to the states as well. Confederation, which had been drafted following independence from England in 1776. The meeting was called because it became apparent after a decade the new national government needed a stronger foun- dation. But instead of rewriting the articles, the delegates agreed to create a new government. They presented the Constitution they wrote to the states in September 1787. Approval was required by at least nine of the 13 states to become the law of the land. Some of the 55 delegates who framed the agreements were known as Federalists and supported the provisions as written. They were able to win approval in Delaware, New Jersey, Georgia, Pennsylvania and Connecticut. However, an opposing philosophy, represented by the feared the new Constitution granted too much strength to the federal government and would interfere with individual rights. Anti-Federalist- s, Compromise led to amendments Federalists worried this opposition would gain sufficient support to defeat ratification. To induce adoption in Massachusetts, where a crucial ratification contest would take place, the Federalists devised a strategy that proved successful: They agreed that Massachusetts' approval could include a provision that a Bill of Rights would be added to the Constitution after its adoption. The knowledge the new Constitution would include amendments laying out fundamental liberties softened the opposition. All remaining states, except Maryland, attached a similar demand for such amendments to their ratification. The Constitution was ratified in 1788 and the Bill of Rights introduced in Congress during its first session in 1789. The first 10 amendments were ratified by 11 of 14 states on Dec. 15, 1791. The Bill of Rights was accepted by President George Washing- ton, Dec. 30, 1791. Through the years, other amendments have been added. There are now 26. The most recent was added in 1971, granting the vote to The ability to add amendments ensures the Constitution's vitality and effectiveness through changing times. It is that provision that makes the U.S. Constitution a truly "living document." Warren E. Burger, chief justice of the United States from 1969 to 1986, said: "The Constitution does not solve our problems. It gives people freedom and opportunity to solve their own problems; it gives representatives of the people authority to help solve problems; it provides an executive to enforce the laws and administer the government; it provides a judicial branch to say what the law means. From there on, it is up to the people." And it is the men and women of the U.S. armed forces who daily and visibly best remind the people of this freedom and responsibility. |