21 Sep 2022

120

Fderalist Perspective on the Bill of Rights and Amendments

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Academic level: College

Paper type: Coursework

Words: 366

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The Bill of Rights can be viewed as essential despite the many years that it has been in place. Arguably, unlike the constitution, the bill of rights encompasses provisions that act to limit the government in a way to protect the rights and liberties of individuals ( Magliocca, 2018) . As such the importance of the bill of rights cannot be downplayed noting that it provides the citizenry with basic rights such that if the bill was not in place, the government would infringe on such rights as freedom of religion and protecting citizens from arbitrary seizure and search ( Massey, 2018) .

The fourth amendment provides that the citizenry is protected from seizures and searches that are unreasonable ( Gienapp, 2018) . As such, it is required that an officer seeking to make searches must provide a valid search warrant. This amendment despite being well-intentioned poses a challenge to criminal justice professionals given that acquiring a search warrant requires that there is probable cause. As such, criminals may have an opportunity to engage in illegal activities since their property cannot be searched without a warrant.

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Federalist perspective 

The fourteenth amendment cannot be viewed as subsuming the bill of rights. As a matter of fact, the amendment was important in ensuring indeed every citizen was protected with the liberties and privileges being granted on an equal basis to all citizens. According to Albee (2018), Alexander Hamilton’s stand that required a strong central government be put in place with a strong Senate and a "lifetime" president.

Disagreeing with Hamilton's stand would be founded on the fact that according to him, the president and Senate would only be removed from office by death or they had tainted their offices. Having a lifelong president can be a recipe for the rise of dictatorship and authoritarian rule which would have a negative impact especially with the work done by the founding fathers of building a nation on the constitution. Additionally, there is a need to create a separation of powers between the states and federal governments. Hamilton's view of having the president appoint state governors would result in delayed decision making due to the bureaucracies synonymous with governments.

References 

Albee, S. (2018).  Alexander Hamilton: A Plan for America . New York, NY: HarperCollins. 

Gienapp, J. (2018).  The Second Creation: Fixing the American Constitution in the Founding Era . Cambridge, MA: Harvard University Press. 

Magliocca, G. (2018).  The Heart of the Constitution: How the Bill of Rights Became the Bill of Rights . New York, NY: Oxford University Press. 

Massey, C. R. (2018).  American Constitutional Law: Powers and Liberties, 2018 Case Supplement . Alphen aan den Rijn, Netherlands: Wolters Kluwer Law & Business. 

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StudyBounty. (2023, September 16). Fderalist Perspective on the Bill of Rights and Amendments.
https://studybounty.com/fderalist-perspective-on-the-bill-of-rights-and-amendments-coursework

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