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Introduction
Democracy is a subject that is perceived differently by different people. The most accepted definition of democracy, however, is that of the rule by the people. We will not however expand on this as different people have different understanding of what is the people, and rule (Schaffer, 2000, p.1). In the First amendment of the American constitution there were rights and freedoms that were put that are of great importance to every individual in the U.S.
The First Amendments declares that, the 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. These rights or freedoms are: the freedom of religion, freedom of speech, freedom of the press, and freedom to demand the government stop doing wrong (Smith, 2007, p.8). The essay will, however, concentrate on the freedom of speech/expression as the most relevant of all.
The Most Relevant Freedom in the First Amendment
The most relevant freedom or right in the First Amendment of the American constitution is the freedom of speech/expression. It includes the right to express oneself and to be heard (Harr and Karen, 2007, p.147). The freedom of speech is the guarantor of the others as it allows the possibility of having open debates about the government, criticizing it, and political debates. There is need to express ones view and opinions freely in a democratic nation. Its protection, by the constitution, in the U.S. is important. America has the broadest protection for the freedom of speech than any other country (Feinman, 2010, p.63).
The freedom of speech is protected by the constitution in that the power of the state cannot prohibit or limit speech. This is through: the government not imposing restraints of speech in advance, not limit the content of any speech, and the government has no power to limit the place, time and manner in which the speech is put unless there is a good reason for doing so (Feinman, 2010, p.64).
Significance of the Bill of Rights and subsequent amendments to U.S. democracy
The over all significance of the bill of rights and subsequent amendments in any democratic state is to safeguard the interests of the citizens. There is liberty and restraint. The liberty is given to the individual and the restraint is for the government to prevent it from violating the rights of the citizens. Again justice is seen to prevail in a democratic state where there is a form of restraint to the government and allowing the citizens to have liberty. The constitution of the United States has structural features that clarify on the separation of powers, checks and balances that are in the bill of rights. It, therefore, protects individuals rights by limiting the power of the majority and those in power (Hall and Kevin, 2006, p.377).
The bill of rights and subsequent amendments, therefore, are important as they are the constraints on the power that the government has in interfering with the rights of an individual. The liberty of the people is thus protected from the will of the majority or those in power in a way that promotes democracy (Hall and Kevin, 2006, p.377). This way the citizens are protected from any abuse and violation of their natural rights by the state power. This is aided by the judicially in the implementation of the law as stipulated by the constitution.
The process of amending the constitution
Currently in America the constitution can be amended by two ways. However, the essay will only discuss the one way that is currently used, and has been used to approve al the bills for amendment, as the other one has never been used. The bill is required to be passed in the House of Representatives and the senate, by a two-thirds majority of the members. The bill will only go to the state, for the amendment, after it has successfully passed in the houses of representatives and senate. The amendments must, therefore, be ratified and approved by three-quarter of the states, in America.
There then follows a proposal by the congress, and ratification by the state legislatures for the process of amendment to be complete. The president has no role in the role of formally amending the constitution, as stipulated by the American constitution (Constitutional Amendments, 2010, par.2).
The process is a fair one as it would not be easy to amend the constitution and more so the bill of rights which protect the liberty of the citizens. The people in power who may want to explain democracy otherwise from the common understanding by the citizens, with a motive to exploit on the liberties and rights of individuals will find it hard to do so. The reason for the process that is used to pass any amendments in the constitution is to give the citizens and the representatives in the both the houses of time to scrutinize the proposed amendments to see if they are for the good of the people and the promotion of democracy or for a negative motive.
Conclusion
The First Amendments in the American constitution gave rise to the rights/ freedoms of religion, speech, press, and to demand government from doing wrong. The most relevant of all is the freedom of speech as it acts as the guarantor of the rest. It involves freely expressing of ones views and opinions and the right to be heard. The bill of rights and the subsequent amendments safeguards the citizens from the exploitation by the majority and those in power. Amendments have to follow a process of first being ratified by the two houses of legislature, by a two-thirds majority, and on proceeding to the state, it must be ratified by three-quarter of the states. This is fair as it restrains manipulation by the majority at the expense of others.
Reference List
Feinman, J. M. (2010). Law 101: Everything you need to know about American Law. 3rd Ed. New York: Oxford University Press.
Hall, K. L., &Kevin, t. m. (2006). Institutions of American Democracy: The Judicial Branch. New York: Oxford University Press.
Harr, J. S., & Karen, M. H. (2007). Constitutional Law and the Criminal Justice System. 4th Ed. Mason: Cengage Learning.
Schaffer, F. C. (2000). Democracy in Translation: Understanding Politics in an Unfamiliar Culture. New York: Cornell University Press.
Smith, R. (2007). First Amendment: The Right of Expression. New York: ABDO Group.
U.S. Constitution Online. (2010). Constitution Amendments. Web.
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