Consider the importance of the Bill of Rights in the USA (10 marks)

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The Bill of Rights is the first 10 amendments to the US constitution, ratified in 1791. These amendments were made because anti-federalists worried a big government would treat on states’ rights and would affect smaller states negatively. In Common Sense 1776 government is described as a “necessary evil,” and the Constitution was created to limit the government and prevent tyranny. The rights listed in the Bill of Rights are entrenched, meaning they cannot be easily changed. This is unlike the UK constitution were rights are not entrenched and can easily be changed by a sovereign government. These entrenched rights were put in to protect individual liberties because Americans feared tyrannical leadership after gaining independence from Britain. This is reflected in the 1st Amendment which guarantees freedom on religion, press and assembly. The 6th also ensures the right to a fair trial.

The Bill of Rights limits big government in the 10th amendment which leaves all power not in the constitution to the states. It also sets up the theory of federalism as it delegates and balances power. State freedom from federal government can be seen in Adar vs Smith 2013 which allowed Louisiana to deny a recognition of a gay adoption, despite it being legal in the parent’s home state of New York. It has also been seen in State legalisation of Marijuana in states such as California and Oregon, despite it being illegal under the federal Controlled Substances Act. This allows states to act  as’…

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