Bill Of Rights 2
After the Revolution, the States adopted their own constitutions, many of which contained the Bill of Rights. The Americans still faced the challenge of creating a central government for their new nation. In 1777 the Continental Congress adopted the Articles of Confederation, which were ratified in 1781. Under the Articles, the states retained their “sovereignty, freedom and independence,” while the national government was kept weak and inferior. Over the next few years it became evident that the system of government that had been chosen was not strong enough to completely settle and defend the frontier, regulating trade, currency and commerce, and organizing thirteen states ...
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they had fought for in the Revolution were not being protected by the Constitution, and then could be ignored by the federal government. The Anti-Federalist called for another convention to outline a Bill of Rights before the Constitution was approved. The Federalist, fearing that the progress would unravel completely, urged immediate ratification. With the understanding of a Bill of Rights to follow later. Eventually the Federalist prevailed. By 1788, eleven states had ratified the Constitution. Six states, however, sent Congress proposals for amendments, modeled on their state constitutions and designed to protect individual rights. (1)
James Madison realized that the public desire for a Bill of Rights could not be ignored. In 1789, after reviewing the state proposed amendments and the state Bill of Rights to be considered by Congress, he proposed nine amendments to be considered by Congress for insertion into the text of the Constitution. After deliberation, debate, and some ...
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of Rights are said to be incorporated against the states through the due process clause of the Fourteenth Amendment. There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states. (1)
Part II
The Supreme Court views and attitudes can change over time. First the membership of the court changes when a justice retires or dies, and when the new justice is appointed to fill his position the new justice may not share the same views as the previous one. Also, new developments occur with the passing of time, which may cause a change in attitudes and ...
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"Bill Of Rights 2." Essayworld.com. January 16, 2005. Accessed December 23, 2024. http://www.essayworld.com/essays/Bill-Of-Rights-2/20649.
"Bill Of Rights 2." Essayworld.com. January 16, 2005. Accessed December 23, 2024. http://www.essayworld.com/essays/Bill-Of-Rights-2/20649.
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