preview

The Issue Of The Bill Of Rights

Better Essays
Open Document

The purpose of the Bill of Rights, as a whole, is a stalwart for the people, protecting them from abuses of government powers; it guarantees certain unalienable rights, including the right to a speedy trial, the right to bear arms and freedom of religion, to name a few. Among the amendments in the Bill of Rights, the one that has known the most controversy is the Fourth Amendment, which reads as following: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. …show more content…

(Cuddihy and Hardy,374) Searches began to expand beyond the realm of religion and years later in 1637, Sir Edward Coke contested the legality of search warrants that were aimed at finding stolen goods or fugitives of the law because he claimed that they were in violation of Article Thirty-Nine of the Magna Carta (376). The saying “a man’s home is his castle” was first termed by Coke as well. Sir Matthew Hale would build on Coke, as he saw it necessary for warrants involving stolen goods to “particularize the house to be searched and warrants concerning fugitives to specify the felon..” (Cuddihy and Hardy). Both Hale and Coke have been regarded as the men responsible for what would come to be known as the Fourth Amendment. However, it wasn’t until the revolt of the 13 original colonies that these protections evolved and found itself on foreign land. The Colonial Era saw the King of England imposing taxes on the American colonies in order to pay off debts incurred due to the French and Indian War. The Sugar Act of 1764 would see a tax placed on molasses and sugar, but the tax also included items such as wine, cloth, coffee and silk (Golden). Initially, these taxes were unenforced, but when the time came to hold the colonist accountable, the people were caught off guard. These taxes resulted in colonials turning to smuggling in order to offset the costs and it was this that set off searches of colonial warehouses and private homes. The colonials

Get Access
Related
Get Access