The first eight amendments limit the power of government by specifying a list of rights and liberties. The Ninth Amendment suggests that rights other than those listed may also exist. The Tenth Amendment underlines the fact that the national government exercises only powers granted to it under the Constitution.
The Bill of Rights cannot lawfully be violated by the government unless the Constitution of the United States is amended. Ordinary laws, therefore, can not amend the Bill of Rights. If speech is protected by the First Amendment, that speech may not be punished by government unless the First Amendment is reinterpreted, repealed, or modified by another part of the Constitution (Leonard, 2001).
The Bill of Rights is a legal document containing majestic, but vague, words and phrases. Phrases such as “freedom of speech” and “due process of law” have roots deep in our history. Courts, police, public officials, administrators, and legislatures interpret the Bill of Rights every day. We live today with inventions, radio, automobiles, aircraft, and telephones that create problems the drafters of the Bill of
Rights could not anticipate. The existence of a right implies the existence of a duty. For example, if you have a “right” to free speech, then governments have a “duty” to honor that right.
Interpretation of the Bill of Rights involves defining the rights and corresponding duties (Leonard, 2001). A private individual has no obligation under the Bill of Rights unless that private person is found to be acting on behalf of government.
Factors Leading to the Bill of Rights
Three factors contributed to the adoption of the Bill of Rights in 1791.
I. Many supporters of the new Constitution of the United States feared that the new national government might abuse its powers.
II. Many people believed that there were fundamental rights that no government should abuse.............
