Itis not necessary to have the bill of rights in the United States.Various reasons can be argued out to justify this statement. First,the more the rights outlined in the constitution, the worse it getsfrom the public because it is not possible to include all the rightsin the bill. Whenever a given right is left out, the government mayviolate that right. The constitution is sufficient to protect thevarious individual rights. The constitution has provisions outsidethe bill of rights, for example, trial by jury and habeas corpus,which already protects individual rights. The old constitutionprovided that any public officer who violated the rights of people tobe thrown out of the office. A bill of rights is unnecessary when theconstitution has conferred such powers to the people. Theconstitution confers some powers to the congress, but this power isdrawn from the people (Mollers35).Therefore, there is no need to list the powers which the congressshould not violate.
Theframers of the e constitution, Hamilton and Jefferson had differentviews on various matters, including economics, governance, thestructure of the government and foreign policy (Carney353).While Jefferson held that the economic success would come fromAmerican agrarian tradition, Hamilton emphasized that economicsuccess would come from manufacturing and commerce. Jefferson trustedthe people as better governors and proposed the establishment ofstrong state governments and a weak federal government. Hamiltonsupported a strong federal government assume absolute power so as todirect the nation in a good success path. A blend of their viewshelped move the country in both political and economic lines. Forexample, the constitution was ratified by accommodating Jefferson’santi-federalism. In their differences, the two agreed that thegovernment needs some changes.
Moralityis two fold. First, moral duty is the obligation not to harm otherpeople who are not causing harm to others. Second, it is the duty toharm those who harm themselves and others for the welfare of thegeneral society (Edward 5). Actions such as physical assault,deception and neglect of dependants, cause harm to others and isimmoral because it violates the first moral duty. In order to fulfillthe second moral obligation, the law should restrict the people fromsuch activities. However, actions such as polygamy, gambling anddrunkenness are not immoral because they don’t violate the firstduty. These results of individuals exercising their liberty and,therefore, should not be restricted. Restricting liberty on othersthrough sanctions and fines is immoral because it causes harm tothose exercising their liberty. Thus, the law has an obligation topromote the welfare of the society by ensuring morality is upheld.
ArticleI of the US constitution set out legislative power exclusively to theCongress, which is comprised of the House of Representatives and thesenate. Article II outlines the powers vested in the president andarticle III set judiciary powers, which are exclusively vested in theSupreme Court (Mollers27).The separation of power serves a number of objectives. First, itprevents the concentration of power, thus avoiding the chances oftyranny. Secondly, separation of powers is meant to achieve maximumfreedom for the good of all citizens. Thirdly, separation of powersis set to achieve efficiency in government operations. However, thethree arms of the government should work in collaboration, forexample, the executive may make appointments, but the appointees mustbe vetted by the Congress and the judiciary has the power to overturnany illegal appointments.
Theidea of division of power was factored when drafting the USconstitution on several principles. Power division among the threearms is not meant to create strict boundaries in terms of theirduties, but it seeks to direct their functions in legislation,execution and adjudication (Congressional Research Service).Separation of power helps each of the three bodies to resistincursions and blandishments of other branches. Every branch performssome definite and unique functions and the personnel serving undereach branch is limited only to the functions so established for thatbranch. This helps to avoid duplication of duties since no member canserve the functions that are served by the other branchsimultaneously.
Bothliberty and patriotism are important pillars of American democracy.The populace has the right to enjoy the freedoms conferred to them bythe constitution and the government should fulfill the secondprinciple of moral duty to protect their rights. On the other hand,the public owes patriotism to the state. Individuals should act inthe best interest of the state. However, sometimes there arises aconflict between individual rights and state interest, such thatindividual citizens may be required to abandon their constitutionalrights in favor of the government. For example, the USA Patriot Actof 2001 and the Extension Act of 2011 allows for surveillance andinterception of information for individuals suspected of terrorism(TheUSA Patriot Act Sunset Extension Act of 2011).Support of this development sounds patriotic but on the other hand,it violates the right to privacy.
Carney,Thomas E. "Book Review: Jefferson vs. Hamilton: ConfrontationsThat Shaped a Nation." Journalof the Early Republic.21.2 (2001): 351-353. Print.
CongressionalResearch service (CRS). “CRS Annotated Constitution” CornellUniversity Law School.2010. Internet.
Edward,Mahon, J. “Studies in the History of Ethics: The Morality Of OnLiberty, Washington” DC: Lee University. (2007): 3-45. Print.
Mollers,Christoph. TheThree Branches: A Comparative Model of Separation of Powers. Oxford: Oxford University Press, 2013. Print.
TheUSA Patriot Act Sunset Extension Act of 2011: Report Together withMinority Views (to Accompany S. 193) (including Cost Estimate of theCongressional Budget Office). Washington, D.C: U.S. G.P.O, 2011. Internet resource.