How does the Bill of Rights balance govermental powers with the rights of individuals?

Answer 1

For a technical historical answer, contact Jon Roland of the Constitution Society http://www.constitution.org

Traditionally, the Bill of Rights defines specific rights of citizens that were not spelled out in the Constitution, in an attempt to reinforce these as reserved to the people where government could not infringe: (1) free exercise of religion, freedom of speech or of the press, right to peaceably assemble and to petition the government (2) right to bear arms with respect to militia (3) freedom from quartering of soldiers (4) right to security and freedom from unreasonable searches and seizures (5) freedom from self-incrimination (6 and 7) right to speedy public trial, legal defense and other due process procedures, and right to trial by jury and freedom from double jeopardy (8) freedom from cruel or unusual punishment or excessive fines or bails (9 and 10) protection of rights regardless of enumeration and reservation of rights to States or the people not otherwise delegated or prohibited under the Constitution.

However, if the existence of these laws in writing were enough to reinforce equal checks and balances, there would not have been a need to add the Fourteenth Amendment about "equal protection under the law." I find this concept of "equal protection" necessary to apply the Bill of Rights fairly to respect the consent of all the governed parties, instead of favoring some interests over others in violation of the Code of Ethics for Government Service (see Public Law 96-303, 1980).

In practice, I find that only the educated practice and agreed enforcement of Constitutional rights guarantees these to anyone. The First Amendment especially reflects natural laws that govern all humanity -- every human being desires free exercise to act, free speech and press to communicate, and the right peaceably to assemble and to petition as part of due process. Collectively, our individual rights become the three functions of government -- from establishing and interpreting laws and contracts by written and spoken word, to exercising individual freedom and authority, and assembling in protest or petition to represent and defend our interests whether in courts or Congress, or school, churches or other institutions.

As individuals learn to balance our natural rights with those of others, and between the level of the individual to the collective level of government, that is when we will realize the checks and balances intended between the three branches of government, as well as the levels of government of local, state, and federal.

http://www.houstonprogressive.org/isocracy.html

Answer 2

by potential of being the soundness for person rights to the powers of government indexed interior the physique of the form. the clarification the invoice of Rights had to be further previously the form must be ratified grew to become into that it did no longer spell out the bounds to the powers of central government that have been specific interior the unique shape. people have been afraid that they've been transforming into too useful a central authority, regardless of the shown fact that divided into 3 branches for exams and balances. So the invoice of Rights grew to become into further to do 2 issues: spell out what person rights mandatory to be spelled out and, interior the 10th substitute, pass away each and every little thing else to "the States respectively, or to the persons." it somewhat is, the 10th substitute grew to become into meant to set an exceedingly final minimize on the potential of the central government. I evaluate the 10th substitute the main violated between the full shape. the federal government grew to become into meant to stay small.