The United States Constitution began when a group of men sat down in Philadelphia during the summer of 1787 and attempted to improve the government that had been formed after the Declaration of Independence had been signed. I’m quite certain they had no idea just how amazing this document would become. I am certain that these men had one firmly held belief – that the government’s power and the individual’s liberty were natural enemies. The framers believed that containing the government’s power and protecting individual liberty was one of their most important tasks.
One of the biggest obstacles to adopting the Constitution was the lack of what we now know as the Bill of Rights. In fact, these missing rights caused the process of adopting the Constitution to add an additional four years of debates. Eventually, the Constitution was ratified with a promise to adopt the Bill of Rights in short order.
The Bill of Rights is actually the first ten amendments to the United States Constitution. These amendments guarantee many fundamental rights in America. Among the more important rights, in the context of Criminal Law, are contained in the 4th, 5th, 6th, and 8th Amendments. These include the right:
· to be free from unreasonable searches and seizures
· to be free from twice being placed in jeopardy for the same offense
· to be free from forced testimony against oneself
· to a speedy trial by an impartial jury
· to be free from excessive bail and cruel and unusual punishment
What is truly amazing, especially in light of police dramas on television, is how often people freely give up these rights. Scores of people fought and died to obtain these rights for you. Don’t dishonor their sacrifice by voluntarily surrendering these rights to the state.
John Buckley
