We The People...
In his Federalist Paper #51, James Madison said, "If all men were angels, no government would be necessary." However, all men are not angels; therefore, some form of government is needed to maintain order, protect the rights of the minority, express the wishes of the majority, defend it's citizens from outside intrusions, etc. It has been seen throughout the centuries since the Ancient Grecian city-states and Acropoli to Britain's monarchy all the way to our very own Constitutional democracy. John Locke, in fact, discussed at length what life would be like without a central governing body. He called it a "state of nature," where individual rights remain unprotected and vulnerable. No one person is ever truly the leader, so what's left is a constant battle for dominance and power; chaos runs rampant and no one is safe. The Romans realized this and created a republican form of government, whereby officials are elected by the people to represent the people when making political choices. The English realized this same point and drafted the Magna Carta in order to prevent King John and all future kings from wielding too much power. Thus, when the colonists first came to America, they agreed, before even l
However, Madison realized that this was still not enough to protect the rights of the majority, should a minority faction seize power. Their magnificence resides in their sheer timelessness and openness to adaptation. Madison included the 9th amendment to quench the fears of the Anti-Federalists and to satisfy the unlisted liberties assumed in the Constitution. One is looked upon as the outline of our government, while the other is noted to have guaranteed those liberties held most sacred by our Framers. Madison initially feared that the Bill of Rights would be a mere "parchment barrier" against the will of the majority. These liberties frame our democracy, and yet the Bill of Rights lacks the structural details the Constitution embodies. In order to prevent an oppressive aristocratic government, the Bill of Rights guarantees the first amendment individual liberties of free speech, religion, petition, press and assembly. However, Jefferson reminded him that an independent judiciary, established by Article 3, Section 1, would protect these minority rights. Johnson, the Supreme Court upheld flag burning as freedom of expression, despite the disapproval of many citizens. " The numerous protections of individual, minority and majority rights create a constitution within the Bill of Rights. The Federalists agreed to add a protection of individual liberties once the new government was established. For example, the Constitution suggests in Article 1, Section 8 that the Congress should have the power to call upon the national militia for defense in times of need. Thus, it is only through the combination of the Bill of Rights and Constitution that our government can exist as a nation "for the people, by the people and of the people.
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