Importance and History of the First Amendment
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Transcript of Importance and History of the First Amendment
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BROOKDALE COMMUNITY COLLEGE
The First AmendmentArgument Why It Is Our Greatest Right
John Swift
5/2/2007
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The American Revolution was not just a war for independence, but was the battle for an
idea. The idea being that the people would have the underlying say in the manner of their
government and how it would affect the lives of its people. However, there were different views
on how the government be constructed and where the power be divided. The main difference of
opinion was on how the relationship between state and national government be structured. Some
favored a more powerful national government, Federalists, and others preferred that the states
hold a majority of the power, Anti-federalists. Both came to a compromise if the Constitution
was to be ratified. The compromise was the Bill of Rights, the first ten amendments to the
Constitution. It extended certain and basic civil liberties to the citizens of the United States that
prohibited government infringement upon the people.
The Articles of Confederation was a success in governing the revolting colonies during
the time of the war, but it didn't allow for a strong enough central government for post war needs
(Articles). The representatives believed that if they made a central government with even the
slightest power to control the states that they would be trading the tyrannical government they
just left for a new one (Articles).Therefore, Congress had no power to coerce states do go against
their sovereign wills, European powers threatened borders set by the Treaty of Paris, and that
central government had no power to end disputes between states (Todsen). If the United States
was to survive then the structure of government was going to have to be reconstructed. However,
the two visions on how to best accomplish this were completely at odds with each other.
One of those ideologies is that of the Anti-Federalist, a person who advocated for states
rights and feared the authority of a central government. These people came from all walks of
American life, especially farmers, who saw a central government as only a tool used for taxation
(Williams). Leading supporters of this movement were Patrick Henry, James Monroe, and
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Samuel Adams (Williams). Anti-Federalists believed that the greatest threat to liberty of the
people and continuation of the republic was the government becoming increasingly more
powerful (Williams). The national government as established by the Constitution would not
work in a large area (Williams). Therefore, it would only work on a local setting (state) and that
a national government couldnt possibly represent the interests of the entire population
(Williams). The ultimate goal of the Anti-Federalists was the preservation of the republic, being
that the states would hold their sovereignty and limits is held on federal power. Even though they
opposed with the Federalist plan, the Constitution, they were divided on what the solution should
be (Lowi 32). The Anti-Federalists had a different conception of what a republic should look
like, but their beliefs were not necessarily less valid than the Federalists' view (Williams).
The Federalists are supporters of the Constitution and advocated for its ratification, they
also believed the national government should gain power at the expense of the states. Prominent
Federalists and authors of the Federalist papers, articles written to gain support for the
Constitution, were John Jay, James Madison, and Alexander Hamilton (Federalists). The
Federalist perspectives often clashes directly with the beliefs of their counter parts, Anti-
Federalists, and at times are at the opposite end of the spectrum. Federalists believe America is
the perfect setting for a republic because it is so large; that small republics would be destroyed
by the growth of interest groups (Federalists). The Federalists explained that states would not be
wiped out by a more powerful government. That the government would not need to have a
dependence on virtue and the idea that citizen would have to surrender their own interests for
that of the public welfare (Federalists).Under the Constitution, everyone would be forced to
compromise, and in that manner the public good could be achieved (Federalists). At the
Constitutional Convention the battle between the Federalists and Anti-Federalists escaladed with
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the Federalists getting the upper hand. In exchange for Anti-Federalist support, as soon as the
Constitution was ratified, a list of individual rights would immediately be proposed as
amendments to the Constitution (Swanson).
Collectively known as the Bill of Rights, it defines the private sphere of personal liberty
free of government restrictions (Lowi 67). It sets forth certain freedoms that were seen by the
Framers to be so basic they should be extended to every citizen; civil, substantive, and
procedural liberties. Civil liberties are most notably expressed in the first amendment stating the
rights of conscience; freedoms of speech, religion, press and petition (Britannica). Substantive
liberties are a series of restraints imposed upon the government defining what it shall and shall
not do; unlawful search and seizures, quartering of troops, and establishing a religion (Lowi 67).
A procedural liberty is the way government is supposed to act, being grouped together with the
category of due process (Lowi 67). For example, the government has the substantive power to
declare certain acts crimes and to arrest violators, however cant do so without observing the
rights of the accused (Lowi 68). Each amendment aims to protect from a specific branch of
government and even reserve rights to the states.
The most feared branch by the Framers was the Executive. It is the role of this branch to
enforce the laws; therefore amendments III and IV limit the power to do so without taking away
the ability to justly execute this role (Lowi 70). Largely this is in response to the behaviors of the
Crown during colonial rule. It forbids the search and seizure of property of the accused unless
probable cause is proven to a judge (Lowi 70). The Second Amendment exists because of fear at
the time of a consolidated government (Konig). The rights of the accused are crucial to ensure
liberty of the innocent in a free society.
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Many of the grievances against the Crown written in the Declaration of Independence are
protected in the V, VI, VII, and VIII Amendments limiting the power of the Judiciary (Lowi 70).
An indictment produced by a Grand Jury of the accused peers provides that the prosecutor
provide a substantial amount evidence to bring to trial (Albanese 74). The right of trial by jury
and a speedy trail protects the fairness of the proceedings. The decision of the ruling is better
decided by a group of the accused peers rather than an individual who might not be. The shorter
the length of a trail the quicker they can return to their life, unless proven guilty. Since all
accused are innocent they hold the right to be free until they are removed of that right by the
court (Lowi 70). Fifth Amendment guarantees that if a person is to be taken of their personal
property for the use other than their own that they be paid justly for it (Lowi 70). Example of this
would be when constructing highways, land owners must be given adequate compensation for
the land they must surrender. The most important check on power is on the governing body
which is the direct line of the people to the government.
Civil liberties are quintessential in the ideals of American life. The First Amendment
directly points a finger at the Congress. In very clear language states that Congress can make no
law that abridges religion freedom or establish a state religion (Lowi 70). The Amendment also
protects the vital resource to petition the government for grieves (Lowi 70). Above all else the
most important aspect of this amendment is the allowable ability to petition the government.
Power resides in the people to make their opinions made public, no matter how they believe they
cant suffer governmental repercussions because of it. No other provision of the Constitution has
given way to so many different views of its underlying meaning, throughout history there have
been many attempts to limit its influence and interrupt its actual meaning.
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Known as the Atlas of Independence, the second President and Founding Father, John
Adams passed a controversial law known as the Sedition Act, 1798-1801 (Wilson). This was the
first attempt made by the government to affect a civil liberty (Wilson). The law made it illegal to
combine with others to protest the dealings of government and denied to the print of writings that
were against the measures of government (Gilje). The right to petition the government even for
the passage of that legislation would have been illegal and violators could have been sentenced
up to two years in prison (Gilje). Even though it has been over two hundred years since the
Sedition Act, still today the interpretation of tests upon the amendment still occurs.
The Vietnam War was famous for its protests back home about US troop involvement;
most prominent of these demonstrations were done by young people. In December of 1965 two
students, Mary and John Tinker planned to wear black arm bands to school one day as a sign of
protest (Tinker v. Des Moines School District). School officials heard of this plan in advance and
passed a dress code forbidding such an activity, but the Tinkers followed through regardless
(Tinker v. Des Moines School District). The Tinkers were suspended for violating the dress code
(Tinker v. Des Moines School District). The Supreme Court favored with the Tinkers stating that
right of speech extended to their public school (Tinker v. Des Moines School District). In the
opionion by Justice Fortas he stated that; the students had the right to slient symbolic speech as
long as it did not interfer with the learning procress (Tinker v. Des Moines School District).
Cases like this clearify in which ways the First Amendment can be exercised. However, some
cases for example; Dennis v. United States, describes actions even though excerised through
public protest are not protected.
Eugene Dennis was the leader of the Communist Party in the United States between 1945
and 1948 (Dennis v. United States). He was arrested in New York for violating the Smith Act, a
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law that made it a criminal offense to threaten to overthrow the government (Dennis v. United
States). Dennis claimed that his speeches were protected even though they were violent and
described urgency in rebeling agaisnt the government (Dennis v. United States). The Court ruled
agaisnt Dennis because of the grounds that his speeches represented a real danger towards
national security (Dennis v. United States). Justice Vison said in his opinion that the right to
speech is not unlimited and that it will be lifted if that speech represents a clear and present
danger (Dennis v. United States). In a world of growning technology the question of how the Bill
of Rights would extend to cyberspace.
The Federal Communications Decency Act was passed in 1996 to protect children on the
internet from sexual predators (Reno v. A.C.L.U.). The act made it a crime to transmit obsecene
and indecont messages over the internet (Reno v. A.C.L.U.). The ACLU fought over that it
violated both the First and Fifth amendments (Reno v. A.C.L.U.). In a 7-2 decision the Court
decided that the Act violated not both of the amendments, but only the first (Reno v. A.C.L.U.).
Justice Stevens stated that the act was simply to broad to be enforced and that it set a content
based blanket restriction on the First Amenmend (Reno v. A.C.L.U.). The right of the people to
expose government dealings is an invaluable resource to make known information that otherwise
would be kept from the general public.
In 1971 the New York Times received secret information about the US involvement in
Vietnam and what really happened at the Gulf of Tonkin (NY Times v. United States). The
President had exaggerated the event to gain emergency war powers from the Congress, the Gulf
of Tonkin Resolution (NY Times v. United States). When the Times attempted to print this
information the government put an injunction to bar them from doing so (NY Times v. United
States). When the Times sued the defense of the government was that the information would
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indanger national secuirty (NY Times v. United States). The court affirmed the position of the
New York Times, this would be a clear violation of the freedom of the press (NY Times v.
United States). The freedom of the press doesnt end with just saying how you feel in an
editorial, equally important is how those feelings are expressed.
People today dont rely as heavily as they once did on newspapers. The television has
taken over the market, a mass media with many channels providing a twenty four hour broadcast
of nothing besides news. Many of the programs they air have personalities who give
commentaries on current events. Example of one of this is Countdown with Keith Olbermann, on
a episode airing on October 10, 2006, he comments negitively on the dealings of the President
(MSNBC). Throughout the commentary he shows distrust of the President and refers to him
indirectly as a tyrant (MSNBC). Olbermann expresses his deep concern for the future of the
country with the suspenstion of Habeous corpus as provided in a provision of the Miliatary
Commission Act (MSNBC). Such an act is exactly what the Anti-Federalists had intended since
the compromise that brought the Bill of Rights into exsistance.
The aftermath of the Revolution left the central government far to weak to sucessfully
continue to govern the states as a united country. During the Constitutional Convention
arguments between two conflicting perspectives, Federalists and Anti-Federalists, would lead to
the system of government we have working sucessfully today. The Bill of Rights is a precious
resource preserving the liberties of the people from government interferment and secures the
peoples power to control the government. Substantive liberties set guidelines setting what the
government can and cant do. The procedural liberties state how the government is supposed to
act and contains due process of law. The most important of these assorted types of freedoms are
civil liberties. These located in the First Amendment act as the guardians against the government
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and provide a persons ability to control their own destiny. There is hundreds of Supreme Court
cases since its ratification that have sought to limit, expanded, and define the text of the
Amendment. The upmost important aspect of the First Amendment is the ability to share the
opinions on all subjects; government, science, religion, whatever they are, without fear of
government interference. Ultimately, it is this ability that keeps the government in check, the
ability to expose. A people who dont have such a right cant truly say they are free.
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Works Cited
Albanese, Jay S. Introduction to Criminal Justice. 3rd Edition. Virginia Common Wealth:
Pearson, 2005. 74.
"Constitution of the United States of America." Encyclopedia Britannica. 2007. EncyclopediaBritannica Online. 5 Mar. 2007
.
Dennis v. United States. No. 341 US 494. The Supreme Court. 4 June 1951.
Gilje, Paul A. "Alien and Sedition Acts." In Gilje, Paul A., and Gary B. Nash, eds.Encyclopedia
of American History: Revolution and New Nation, 1761 to 1812, vol. 3. New York: Facts
On File, Inc., 2003. Facts On File, Inc.American History Online. .
March 3, 2007
Konig, David Thomas. "Second Amendment to the U.S. Constitution." In Schultz, David, ed.Encyclopedia of American Law. New York: Facts On File, Inc., 2002. Facts On File, Inc.American History Online. . March 3, 2007
Lafferty, Martha M. "Bill of Rights." In Schultz, David, ed. Encyclopedia of PublicAdministration and Public Policy. New York: Facts On File, Inc., 2003. Facts On File,
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Lowi, Therodore J., Benjamin Ginsberg, and Kenneth A. Shepsle. American Government:Freedom and Power. 1990. Brief 2006 ed. New York: W. W. Norton & Company, 2006.
MSNBC. The Death of Habeas Corpus. 10 October 2006. 3 March 2007.
NY Times v. United States. No. 403 US 713. The Supreme Court. 30 June 1971.
Purcell, Sarah J. "Making a New Constitution: 17871788." The Early National Period, An
Eyewitness History. New York: Facts On File, Inc., 2004. Facts On File, Inc.American
History Online. . March 4, 2007
Reno v. A.C.L.U. No. 117 S. Ct. 2329. The Supreme Court. 27 June 1997.
Swanson, Rick A. "Bill of Rights." In Schultz, David, ed.Encyclopedia of American Law. NewYork: Facts On File, Inc., 2002. Facts On File, Inc.American History Online.
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Tinker v. Des Moines School District. No. 393 U.S. 503. The Supreme Court. December 1969.
http://0search.eb.com.library.brookdalecc.edu/eb/article-219002http://0search.eb.com.library.brookdalecc.edu/eb/article-219002 -
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Todsen, John P. "Constitutional Convention." In Sabato, Larry J., and Howard R. Ernst.Encyclopedia of American Political Parties and Elections. New York: Facts On File,
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