BÀI TIỂU LUẬN BỘ MÔN ĐẤT NƯỚC HỌC MỸ

HANOI NATIONAL UNIVERSITY OF EDUCATION
FACULTY OF ENGLISH
AMERICAN STUDIES
Portfolio

Supervisor: ……………………
Student: ……………………….
Class: ……………………….

Hanoi 2015

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I.

Introduction

1. What is the Bill of Rights?
2. What is in the Bill of Rights?
II.
III.
IV.

History of the Bill of Rights
Importance of the Bill of Rights.
Conclusion

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I.

Introduction
American citizens enjoy many basic rights (freedoms and privileges). In the

United States, you have the right to worship as you choose. You have the right to
speak freely and to read the books you want to read. If you disagree with
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government polices, you have the right to protest against them. Why? Because in
America, these important rights are protected by the Bill of Rights.
1. What is the Bill of Rights?
The Bill of Rights is the name of the first ten amendments to the Constitution
of the United States. They were introduced by James Madison to the First United
States Congess in 1789 as a series of articles. The Constitution is the document that
lays out the basic rules of American government. The states approved the Bill of
Rights in 1791, four years after the Constitution was written.

James Madison, the fourth president of the United States, was a strong supporter
of the Bill of Rights. He read his proposed Bill of Rights in the First Congress.

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Today, many democratic nations around the world have the bill of rights that
protect the basic freedoms and privileges of their citizens.
2. What is in the Bill of Rights?
The Bill of Rights protects a wide range of rights. Many of these rights are
designed to defend a citizen’s personal freedoms. These rights include freedom of

speech, freedom of the press, freedom of religion, and freedom to protest against
government policies.
Other rights are designed to make sure that citizens who are accused of
wrongdoing are treated fairly. These include the right to a trial by jury and the right
to a lawyer’s help.
THE FIRST 10 AMENDMENTS TO THE CONSTITUTION AS RATIFIED
BY THE STATES ("The Bill of Rights")
Amendment I
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the
right of the people to keep and bear Arms, shall not be infringed.
Amendment III
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No Soldier shall, in time of peace be quartered in any house, without the
consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
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.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases arising in

the land or naval forces, or in the Militia, when in actual service in time of War or
public danger; nor shall any person be subject for the same offence to be twice put
in jeopardy of life or limb; nor shall be compelled in any criminal case to be a
witness against himself, nor be deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for public use, without just
compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the State and district wherein the crime shall
have been committed, which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation; to be confronted with

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the witnesses against him; to have compulsory process for obtaining witnesses in
his favor, and to have the Assistance of Counsel for his defence.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall
be otherwise reexamined in any Court of the United States, than according to the
rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor

prohibited by it to the States, are reserved to the States respectively, or to the
people.
Provisions of the Bill of Rights

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First Amendment: addresses the rights of freedom of religion (prohibiting
Congress from establishing a religion and protecting the right to free
exercise of religion), freedom of speech, freedom of the press, freedom of
assembly, and freedom of petition.

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Second Amendment: guarantees the right of individuals to possess firearms.
The most recent decision interpreting the Second Amendment is District of
Columbia v. Heller.

•

Third Amendment: prohibits the government from using private homes as
quarters for soldiers during peacetime without the consent of the owners.

•

Fourth Amendment: guards against searches, arrests, and seizures of
property without a specific warrant or a "probable cause" to believe a crime
has been committed. Some rights to privacy have been inferred from this

amendment and others by the Supreme Court.

•

Fifth Amendment: forbids trial for a major crime except after indictment by
a grand jury; prohibits double jeopardy (repeated trials), except in certain
very limited circumstances; forbids punishment without due process of law.

•

Sixth Amendment: guarantees a speedy public trial for criminal offenses. It
requires trial by a jury, guarantees the right to legal counsel for the accused,
and guarantees that the accused may require witnesses to attend the trial and
testify in the presence of the accused.

•

Seventh Amendment: assures trial by jury in civil cases.

•

Eighth Amendment: forbids excessive bail or fines, and cruel and unusual
punishment.

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Ninth Amendment: declares that the listing of individual rights in the

•

Constitution and Bill of Rights is not meant to be comprehensive; and that
the other rights not specifically mentioned are retained by the people.
Tenth Amendment: reserves to the states respectively, or to the people, any

•

powers the Constitution did not delegate to the United States, nor prohibit
the states from exercising.
With the Tenth Amendments, Madison placed the state governments in
a position of defending people's rights as well by stating that those rights not
delegated to the national government nor prohibited to the states remained
with the states and people. He also hoped to use the states as an important
line of defense against a too-powerful national government.

II.

History of the Bill of Rights
In 1783, after the American Revolution, the 13 American colonies won their

independence from Great Britain. For years, the colonists had complained bitterly
that Great Britain ignored their rights as English citizens. These rights were part of
British law for centuries.
With independence, the colonies became states in a brand-new nation, the
United States of America. Now, the states would write their own laws to determine
the rights of citizens.
In 1787, many state leaders called for a new plan that would create a stronger
national government. Representatives from the 13 states met in Philadelphia,

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Pennsylvania, and hotly debated each point of the proposed plan. Many delegates
feared a stronger government would threaten the rights of American citizens.

Scene at the Signing of the Constitution of the United States Amendments in
Philadelphia, Pennsylvania .

After much debate, the convention agreed on a new plan of government. They
wrote their plan down in the document known as the United States Constitution.
But many states still opposed the Constitution. Finally, the Constitution was
approved after winning the support of 9 out of 13 states.
Why was there so much argument and debate? The Constitution protected few
individual rights. Many Americans demanded these protections from the new
national government. The U.S. Congress responded to these concerns and wrote a

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Bill of Rights, and the states approved them in 1791. The Bill of Rights became the
first 10 amendments to the U.S. Constitution.

III.

Importance of the Bill of Rights
Why is the Bill of Rights important today?
The Bill of Rights was a pretty controversial idea when it was proposed in

1789, because a majority of the founding fathers had already entertained and
rejected the idea of including a Bill of Rights in the original 1787 Constitution. For

most people living today, this decision might seem a little strange. Why would it
be controversial to protect free speech, or the freedom from warrantless searches,
or the freedom from cruel and unusual punishment? Why weren't these protections
included in the 1787 Constitution to begin with? Why did they have to be added
later as amendments?
The Bill of Rights plays a central role in the protection of civil liberties and
civil rights. When enacted, the ten amendments applied only to the actions of the
federal government. In a long series of decisions, however, the U.S. Supreme
Court has ruled that almost all the provisions in the Bill of Rights also apply to the
states. Therefore, the Bill of Rights safeguards the basic rights of individuals from
encroachment by all levels of government.
The Bill of Rights also plays a key role in American law and government, and
remains a vital symbol of the freedoms and culture of the nation.

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IV.

Conclusion
The Bill of Rights is more than words on paper. They are rights that are

enforced by courts in the United States. During the 20th century, the courts
gradually expanded the rights of American citizens. The Bill of Rights is one of
the most important and meaningful documents for the United States.
The Bill of Rights is the same Decralation of Independence of Vietnam
(1945) about the rights of people. Ho Chi Minh based on the Bill of Rights to
draft Declaration of Independence to accuse and expose crime of French colonists
over the world. These Declaration of Independence became important historic
document to Vietnam . The first sentence of Declaration of Independence was

quoted from American Declaration. In a broader sense, this means: All the
peoples on the earth are equal from birth, all the peoples have a right to live, to be
happy and free.
However, the Bill of Rights sets legal limits on the power of government
to prevent public officials from denying liberties and rights to individuals, which
they possess on the basis of their humanity.
The absence of the Bill of Rights was the most compelling criticism by
opponents of the Constitution. Therefore , the Bill of Rights only protected
citizens from the national government’s power. Today, the Bill of Rights protects
citizens from state governments, too. Neither the U.S. Congress nor state
legislatures may pass laws that overrule the Bill of Rights.

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References
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