Module 6- The Bill of Rights and Modern Times

After the Revolutionary War, our new country was in need of a national government that would unite our new nation. Our country was in the midst of an economic crisis and something needed to be done. The need for a centralized government was there, but the question was how much power should it be allowed.

During the ratification process of the Constitution, two political groups emerged. The Federalists were supporters of the new Constitution and the Anti-Federalists opposed it. Most Anti-Federalists believed that the Constitution gave too much power to the central government, thereby weakening the autonomy of communities and states. (Faragher, 2006, 214) The Anti-Federalist support prevented the Constitution from being ratified. The main issue was a amendment to the Constitution that would protect the people from potential abuses of the federal government. The promise of a Bill of Rights was important to the Constitution being ratified by five of the states. (Faragher, 2006, 216) There are ten amendments to the Constitution in the Bill of Rights, but do they effectively protect the people from excessive power by the federal government? The Fourth Amendment has been a recent topic that will be discussed.

According to the American Constitution, the Fourth Amendment reads; 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. How is it then that in recent times our federal government, more specifically President George Bush, has been able to violate this right?

Below is a link from a New York Times article that discusses President Bush's disregard for the Fourth Amendment. An excerpt from that article reads, "President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials." (NY Times, Dec. 16, 2005)

http://www.nytimes.com/2005/12/16/politics/16program.html

The Bill of Rights is over two-hundred years old, but it still applies to this very day. I think that the Fourth Amendment is one of the clearest and concise Amendments to our original Constitution, and I cannot understand how it could be openly violated. This issue makes me question whether our government has too much power, and whether there is a need for action. Our government has three branches that are suppose to be balanced, according to the Constitution, but that could be questioned in modern times. My question is, does the Bill of Rights effectively protect the people of this country from excessive power by the federal government, and, if not, how do we restore the balance?