America declared its independence in 1776. After the declaration of its independence, their founding fathers composed the federal constitution. By then, the bill of rights was not imperative to them as it is today. James Madison introduced the bill of rights. They were created to ensure that equality existed amongst the people and the government. Madison felt that it was necessary to go through the constitution and make changes where he thought they were appropriate. This paper will look at the contrast between the amendment and the bill of rights. People may view these two things to be similar. However, a fundamental difference exists between the two terms because one focuses on the influence of British to America while the other lays emphasis on the legal securities and civil rights of people who have been struggling for equality for quite a long time.
At the beginning the first the difference between the bill of rights and the amendments is seen in the definitions. To start with the Bill of rights is the one that presides over first ten amendments to the United States Constitution that was ratified in 1791 and guaranteed rights like the freedoms of worship, speech and that of assembly (Currie & De Waal 2013). It can also be defined as the official affirmation of both civil and legal rights of the individuals of any country, state, or Federation. For instance, the second amendment focuses on the right of the US citizens to bear arms. It clearly said that the US citizens had the right to own and keep firearms, and their rights should not be infringed. The people who framed the constitution knew that as time evolves, the needs of people would change because we are living in a society that is rapidly changing. Thus, the adjustments that were made in the constitution were the ones known as the amendments. Therefore, the amendment refers to the changes that were made to the United States’ constitution (Vile, 2010). Since 1788, twenty-seven amendments were ratified and added to the US constitution. The existing regulations were improved, and issues that were not covered in the law were included in the twenty-seven amendments. For example, some of the issues addressed in the amendments included a right to vote, abolishment of captivity, the right to citizenship, and so on.
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Another difference comes regarding the content that is in the bill of rights and the amendments. The amendment set up the structure of the régime. On the contrary, the bill of rights is a negative document that lays out what the government is not supposed to do. It is meant to protect the US citizens and limit the government
The bill of rights is concerned with setting things that the federal government is not supposed to do. It is based on the view that people’s rights should be protected by the government and should not be infringed. For instance, it states that the federal government is not allowed to violate the freedom of assembly and speech. The officials are not supposed to carry out any confiscations and searches without warranties. It is not authorized to deprive the citizens of their live and liberty. Additionally, it is also not permitted to rob people property without the process of law. In simple terms, it focuses on the negative restrictions of the government. The founders of the bill of rights believed that the rights are inherent in all citizens because of their virtue of being human, and the rights cannot be surrendered to the government under any situations. On the other hand, the amendments focus on the civil rights, the rights of states, presidential elections, the abolition of oppression, black suffrage, income taxes, senatorial election, prohibition of liquor, and women’s suffrage. Additionally, it also lays emphasis on the terms of office, presidential succession, and so on. That is to mean that the amendment focuses on saying what the government is supposed to do, and its set up. The amendments state the powers, which the Congress should have, powers the president is expected to have, among other things.
Different people constructed the bill of rights and the amendments. The Congress met in 1879 New York City at Federal Hall and proposed the bill of rights. After the proposal, James Madison, an educated white man who drafted the bill of rights (the original ten amendments). Madison wrote seventeen sections but only ten of them were ratified by numerous states (Cogan, 2015). Different people wrote the eleventh amendment up to the last one.
Lastly, there are different purposes as to why the bill of rights and the amendments were created. They all serve diverse purposes. The bill of rights was designed to build a government and also set the limits to it. On the other hand, the amendments were meant to empower the federal government to preserve liberty. It was designed to ensure that the government was energetic and also coerce it.
In conclusion, the bill of rights and the amendments are among the most critical documents in the United States history. As discussed above, the differences that exist between the two documents come from the definition, purpose, the content that is in the two documents and regarding stating what the dos and the don’ts of the government. Despite the variations that exist between the two documents, they show what is best about America. They symbolize liberty that allows the citizens to achieve success and equality. They make the citizens understand that no one is superior, and no individual is above the law.
References
Cogan, N. H. (2015). The Complete Bill of Rights: The Drafts, Debates, Sources, and origins: Oxford University Press.
Currie, I., & De Waal, J,. (2013). The bill of rights handbook: Juta and Company Ltd.
Vile, J,. (2010). A companion to the United States Constitution and its amendments: Santa Barbara, Calif.: Praeger.
