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Compose a 1250 words assignment on bill of rights and intention on limiting the national government powers. Needs to be plagiarism free!
Compose a 1250 words assignment on bill of rights and intention on limiting the national government powers. Needs to be plagiarism free! The Supreme Court is a political institution like the other branches of the government such as the executive thus cannot be relied upon to make decisions on the original intention of the bill of rights. Supreme Court decisions and interpretation of the constitution is not always wrong, but the political influences experienced results to an opinion that reflects the current political tide (Garry 30).
There is no explicit wording in the constitution or bill of rights that applies on to the federal government. The Constitution applies universally to all citizens and institutions in the whole nation and so do the bill of rights. The constitution and the bill of rights are thus inseparable and apply universally to the federal government, state or local authority governments. Article VI, Section 2 of the constitution is clear on the intention of those who framed the constitution since it states that ‘the constitution shall be Supreme law of land, and judges in every state shall be bound by the constitution’. Since the constitution framers implied that the judges in every state must obey the laws regardless of any contradictory state laws, it is clear that the intention was to limit the powers of both levels of government and protect the rights of all citizens in the country (Garry 67).
From the ten amendments, it is only the first amendment that states that ‘Congress shall make no law’, but none of the other articles Congress shall not make such laws. It is clear from the other nine amendments that this is constitutional general statements that protect the rights of all citizens against excessive powers of federal, local and state governments. The first amendment was worded differently due to the prevailing political units and inhabitants in every state since most states were bound by religion and origin (Garry 123).
The bill of rights does not intend to restrict government powers since historically there was no federal militia but state militia. The 2nd amendment states clearly that ‘a well-regulated militia is necessary for free states’ referring to the state entities with the armed and peaceful militia.