Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
In the convention that drafted the Federal Constitution it was
strongly urged that a Bill of Rights should be incorporated in the
draft, but it was deemed, by the majority at least, unnecessary and
even dangerous to make a specific declaration of individual rights,
inasmuch as the federal government contemplated was in its very nature
limited to such powers as were expressly, or by necessary implication,
conferred by the Constitution, and hence to specify certain things the
government should not do might be construed as permitting it to do
anything not so specified. This argument prevailed and the draft
submitted to the states contained no Bill of Rights. Immediately,
however, a storm of objections was raised against it because of the
omission. Despite the arguments of Hamilton and Madison that a Bill of
Rights was unnecessary, ratification was finally obtained only by a
general assurance and understanding that a sufficient Bill of Rights
should be added immediately upon the organization of the new
government. The necessary amendments, therefore, were submitted at the
first session of the new Congress and were unanimously adopted by the
states. Other limitations have since been imposed, notably those in
the XIVth amendment, assuring to every citizen equal consideration in
legislation by the states.
By the Federal Constitution as it now stands the citizen, in time of
peace at least, is guaranteed, among other matters, the protection of
the writ of habeas corpus; freedom from bills of attainder and ex post
facto legislation; freedom of religious belief and worship; freedom of
thought and its expression; freedom peacefully to assemble with others
and petition for redress of grievances; freedom from unreasonable
searches and seizure; the right not to be prosecuted for infamous
crimes except first accused by a grand jury; the right in all criminal
prosecutions to a speedy and public trial by an impartial jury, to be
confronted with the witnesses against him and to have assistance of
counsel; that he shall not be deprived of life, liberty, or property
without due process of law; that his private property shall not be
taken from him even for public use without just compensation; that the
obligations accruing to him under lawful contracts shall not be
impaired; that he shall not be denied the equal protection of the
laws. The guarantees in the state constitutions are generally of the
same nature.
Public-domain text, read in full here on John Shaqi.
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