first Amendment to the Constitution

Introduction

The first Amendment to the Constitution addresses the different rights given to the people by the constitution. The people has the freedom of exercising their own religion, has freedom of speech and they has the full right of peacefully assembling at a place.

Q1. Discuss which freedom guaranteed to you in the First Amendment to the Constitution is most relevant to you personally.

Freedom of speech in the First Amendment to the Constitution is the most relevant to me personally. It expresses that the people are free to speak without any government interference. The freedom of speech provides the people a political right to freely communicate with each other their personal thoughts and beliefs. The people are free to communicate to those who want are willing to receive from them the required information without ant government intervention. Expression also helps the people in imparting information or ideas to other people. The freedom of speech and expression must be imparted in accordance without any violation of government law. There should be respect for rights and reputation for others and must protect the national security and public health. The freedom of speech was granted in the bill of rights and it is still in effect. If there is a freedom of communicating ideas and opinions then they can strongly hold their opinion without any interference and can freely impart information and ideas to others. This right is important for the media that plays a very important role to make use of this right of freedom of speech and expression. The freedom of speech is a fundamental right given under democracy where the people have the full freedom to express their views and thoughts to others (John, 2007).

 

Q2. Analyze and discuss the significance of the Bill of Rights and subsequent notable amendments to U.S. democracy.

The Bills Of Rights are the fundamental rights given by the United States to the citizens that serve to protect their rights from infringement by the government. The importance of bill of rights is that it represents the popular American culture and it has a unified of dealing with different constitutional issues that mostly attracts the attention of people and government for several years. It is important because it helps to protect the fundamental rights of the citizens against any encroachment by the government and also from the ensuing misinterpreting the power of the government towards the common citizens of United States. The Bill of Rights constitutes the fundamental rights given by the constitution to the people which includes that they have the freedom of speech, religion, assembly and press to all citizens. The bills of rights are embedded in the constitution of almost every country in the world. The bill of rights also provides monarchy to many thinkers in the revolutionary era. The people have freedom to choose their representative and can undo the bad policies implemented by him. The people own a right to protect their rights from being violated (Anastasia, 2010).

Q3. Discuss the process for amending the Constitution. Is this a “fair” process? Explain.

There are two ways of making an amendment in the constitution:-

  1. Through a regular amendment
  2. A constitutional convention

The constitution requires an amendment when the two-third of the legislation asks for the amendment in the constitution. It is required that there should be three-fourth of the people’s proposal at the convention to ratify.

The second way of amending the Constitution is by passing a regular amendment. It can be done when the two-third of both the house and senate votes to propose an amendment then that is sent to the states for the ratification and if three-fourth of the state approves it then it becomes the part of the Constitution.

The Supreme Court and the president have no role to play in amendment of the constitution. There should be some reasonable time for the ratification of the proposal. When there will be the consent of two-third of both the houses then there is a passivity of amendment to this constitution. The Amendment must not affect the first and fourth clause in the ninth section of the first article and must have consent of both the houses and the senate. It is very difficult to amend the constitution. Since now only 33 amendments have done with the consent and approval of both the houses(Karen,2003).

Q4.How has the case of McCulloch vs. Maryland shaped American society?

The first bank was created by the US government in 1791 for the country at that time when it was controversial to create nationalized bank due to controversies, corruption and the people have a thought in mind that the federal government is becoming powerful (Killenbeck,2006). It was the attempt of Maryland to close the branch of Baltimore by passing a law that emphasis the banks to pay yearly tax that are created outside of the state. But the branch employee McCollum refused to pay the tax. The Maryland was in a convention that she has the power to tax any business in its state and the constitutions do not give any right to the Congress to create any national bank. Ultimately McCollum was fined but it was convicted by the Supreme Court that it is unconstitutional to tax any branch and the Congress has implied power to create a nationalized bank (Smith, 1996).

 

References

  • Howard, John (2009)” 2009 Menzies Lecture by John Howard” The Australian (News Limited) Retrieved February 22, 2014.
  • Castillo, Anastasia. Banned Books: Censorship in Eighteenth- Century England… Retrieved February 22, 2014
  • Sander, Karen (2003). Ethics & Journalism Sage p.66 Retrieved February 23, 2014.
  • Mark Killen beck(2006), McCullohvs Maryland: Securing A Nation, University Press of Kansas Retrieved February 22, 2014
  • Jean Edward Smith (1996), John Marshall: Definer of a nation, New York: Henry Holt & Company. Retrieved February 22, 2014.