Archived Opinion

Bill of Rights born in June

To the Editor:

On June 8, 1789, James Madison (who is considered by many historians to be the Father of the US Constitution), proposed the addition of 10 amendments to the US Constitution which had become effective in June, 1788. After two-and-one-half years of debate and discussion, the 10 amendments, now known as the Bill of Rights, were approved. Still debated and discussed more than 230 years after Madison’s initial proposal, they guarantee certain rights and responsibilities that form the bedrock of citizenship in the United States.   

The First Amendment guarantees freedom of religion, press and peaceful assembly.

The Second Amendment recognizes the need for a “well-regulated militia” for the security of the state and guarantees the right of the people to keep and bear arms. 

Amendment Three prevents soldiers from being sent to live in any home without the consent of the owner in time of peace and requires the law to define when that is allowed in time of war.

The Fourth Amendment prevents “unreasonable” searches and seizures and prevents warrants from being served without probable cause, supported by oath or affirmation, describing the place to be searched and the person or things to be seized. 

Amendment Five says no person can be held accountable for a capital crime (punishable by death) without an indictment by a Grand Jury; prevents a person from being placed in jeopardy more than once for the same offense; prevents a person from being a witness against him- or herself; prevents a person from being deprived of his or her property without due process of law; and prevents private property from being taken from any person for public use without just compensation.

The Sixth Amendment guarantees the right to a speedy and public trial in all criminal prosecutions, before an impartial jury of the state and district where the crime was committed; provides that the defendants be informed of accusation(s) against them; be allowed to confront witnesses; be able to obtain their own witnesses and have the assistance of counsel for their defense. 

Amendment Seven guarantees the right to trial by jury in civil cases where the controversy involves more than $20 and assures that no fact tried by the jury can be re-examined by any other court when the trial is over. 

The Eighth Amendment says that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 

The Ninth Amendment assures that rights not granted to the federal government are retained by the people. 

The Tenth Amendment makes clear that the powers not delegated to the federal government or denied to the individual states are reserved to the states respectively or to the people.

The Bill of Rights became effective on December 15, 1791 and has been guarding our liberties ever since. 

Luke Hyde

Bryson City

Smokey Mountain News Logo
SUPPORT THE SMOKY MOUNTAIN NEWS AND
INDEPENDENT, AWARD-WINNING JOURNALISM
Go to top
Payment Information

/

At our inception 20 years ago, we chose to be different. Unlike other news organizations, we made the decision to provide in-depth, regional reporting free to anyone who wanted access to it. We don’t plan to change that model. Support from our readers will help us maintain and strengthen the editorial independence that is crucial to our mission to help make Western North Carolina a better place to call home. If you are able, please support The Smoky Mountain News.

The Smoky Mountain News is a wholly private corporation. Reader contributions support the journalistic mission of SMN to remain independent. Your support of SMN does not constitute a charitable donation. If you have a question about contributing to SMN, please contact us.