Bill of Rights essays

The most distinguishing factor between a written and an unwritten constitution is that something holds greater precedence over the law, and this precedence manifests itself through text. The official introduction of US constitution was formally introduced on ‘June 21, 1788, when the Constitution became the official framework of the government of the United States of America’ (NCC, 2021). The constitution streamlined the country’s legal and social conduct, which was a significant stride forward for America’s democracy as issues such as slavery were still prevalent. 

The first ten amendments( the Bill of Rights), drafted by James Madison, was a critical component of the US constitution because he was passionate about reform and believed there were distinct vulnerabilities when it came to the protection of the rights of US citizens, as many ‘tyrannical majorities in the states passed unjust laws violating the rights of numerical minorities.’ (Bill of Rights Institute, 2022). Consequently, fundamental changes were required to defend the rights of the people of the United States, and therefore the bill of rights met its key objective by invoking amendments encapsulating those inherent rights deemed most important to assure the protection of all liberties. This was illustrated during President trumps Muslim travel ban that stated that 6 Muslim majority countries were not permitted to travel into the USA, as trump was reducing the risk of terrorist attacks. Many regarded the restriction as an opportunity to discriminate. Resulting in the executive order being “immediately blocked by federal courts, which found each iteration to be blatantly anti-Muslim, unconstitutional” (Understanding Trump’s Muslim Bans,2019). This strongly demonstrates the power of the US codified constitution since the preservation of their people’s rights is above all else. This is one of the many statutory codes and must be always regarded within their codified democracy. To ensure that the government power will not exceed the political threshold, as the bill of rights further invokes morality by acting as an indestructible barrier between federal power and public liberty. 

The Bill of Rights applies directly to a legal dispute when: (a) a right of a beneficiary of the Bill of Rights has been infringed by (b) a person or entity on whom the Bill of Rights has imposed the duty not to infringe the right; (c) during the period of operation of the Bill of Rights and (d) in the national territory. In addition, in instances when the Bill of Rights does not apply directly to a dispute because one or more of the elements above is not present, it may apply indirectly. This is because all laws must be developed, interpreted, and applied in a way that conforms to the Bill of Rights. This description tells us that a conceptual distinction must be made between two forms of application of the Bill of Rights.

Indirect application. The Constitution and the Bill of Rights establish an ‘objective normative value system’, a set of values that must be respected whenever the common law or legislation is interpreted, developed, or applied. This form of application is termed the ‘indirect’ application of the Bill of Rights. When indirectly applied, the Bill of Rights does not override ordinary law or generate its own remedies. Rather, the Bill of Rights respects the rules and remedies of ordinary law but demands furtherance of its values mediated through the operation of ordinary law.

Direct application. In disputes in which the Bill of Rights applies as directly applicable law, it overrides ordinary law and any conduct that is inconsistent with it and, to the extent that ordinary legal remedies are inadequate or do not give proper effect to the fundamental rights, the Bill of Rights generates its own remedies. The methodology for the conduct of direct rights litigation is applicable.