Literary speaking, most people do not have an idea what is the difference between a constitution and the Bill of Rights. While these are entwined entities, they have varied reasons to split them apart with different characteristics for each. Experts and scholars will give varied definitions and tenets leading to the creation of each, but in the end, they will be trying to say the same things in varied ways.
Every sovereign country has a constitution. Most of them, for the longest time now have had constitutions, which is a document that stipulates how the nation will be run. It also directs how basic things are to be done, and the rules and relations to be followed in different entities.
While a constitution is a mother document by itself, the Bill of Rights is a section contained in a bigger document. That document is the former, that is, the constitution. While the constitution defines the structure and functions of a government, the Bill of Rights says what should and should not be done especially in relation to the citizenry and foreigners.
This article further sets out to bring the comparison between a constitution and the Bill of Rights.
Definition of a Constitution
Online sources define the constitution as a body consisting of the fundamental principles and established precedents that a state, organization, or any other entity acknowledges to be followed. It can also be referred to as a body of law or system of rules and laws.
A country’s constitution establishes the basic structure as well as functions of each branch or arm of the government of the land. In the United States, for example, the constitution sets up the system of federalism that governs the relations between the federal government and states. It also allots certain powers to the federal government and sets out the distinction between them and those within the state governments. Besides, it sets the central government as the supreme over the county and state governments in countries with such systems of governments respectively.
Purposes of a Constitution
Without a constitution, a country would be “ruleless”. Without the rule of law, no single person will say what is to be done. Whether it is a written or unwritten one, its existence is non-debatable. It functions include:
- Provision of scope for good governance.
- Setting out the doctrine of separation of powers.
- Establish a perfect union
- Establish justice
- Ensure domestic tranquility
- Promote the general welfare for the citizenry
- Provide for the common defense
Definition of the Bill of Rights
A Bill of Rights is a formal declaration or assertion of both the legal and civil rights that citizens of any country, federation, or state enjoy. It is also called a charter of rights or declaration of rights. In most cases, it is entrenched, but some extreme needs may make it unentrenched, like when a natural behavior of an individual is regarded to be a threat to other people.
Purposes of a Bill of Rights
Its main purpose is the protection and upholding of the rights of citizens against infringement from the government, private citizens, or public officials. It also explains to the citizens their rights, what they are to observe in regards to their fellow country people, as well as how to ensure their rights are protected.
Examples of Rights Contained in a Bill of Rights
The most basic rights contained in any Bill of Rights include:
- Right to life.
- The freedom of speech and expression.
- Right to privacy.
- Freedom of religion, belief, opinion, and conscience.
- Freedom from servitude, slavery, and forced labor.
- Right to human dignity.
- Equality and freedom from discrimination.
Other rights are based on each application. For example, there are consumer, academic, veteran’s, taxpayer, homeless rights among others. Any violation of the rights and freedoms guarded by the constitution under the Bill of Rights offering leads to proceedings before a court of law.
Relationship Between Constitution and the Bill of Rights
The constitution is the mother of all rules. It contains amendments, by-laws, and any other constitutional changes. As such, it contains the Bill of Rights and guards them wholesomely.
Difference Between Constitution and Bill of Rights
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Function
A country’s constitution establishes the structures and functions of each arm of the government of the land. A Bill of Rights stipulates the rights and freedoms each citizen is entitled to from the government and other citizens.
The constitution describes each of the roles and responsibilities of the arms of the government and citizens while the Bill of rights describes the rights and freedom of the people.
The constitution limits the power of the government while the Bill of Rights grants authority to the people.
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Position
A constitution is a stand-alone document stipulating the rules of the and while a Bill of Rights is housed by the constitution.
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Limitations
The constitution governs the structures of the governments and the whole citizenry while the Bill of Rights only concerns itself with the rights of the people.
Constitution vs. Bill of Rights: Comparison Table
Summary of Constitution vs. Bill of Rights
Even when it is not easy to establish the differences between the two, it is common knowledge that they are not similar. Their functions are different too although they all point to what should be or should not be done. Most governments have ensured such areas are included in their schools’ curriculum to educate their citizenry.
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Which should be the guide for protecting parents personal rights.privacy rights,and parental rights ,also rights to have and protect our kids,all of which have been violated however you look at it.have been broken in on in paied for and owned home.for no legal reason what so ever,then servent for the public which gets payed by our tax dillar$ takes 2 of my toddler kids out side,,which he woke up from sleeping.and pretty much kidnaps them calls DSS to take them becouse of his rong doings.has no investigation just takes them away and are now trafficking our kisds.and if there is a loop hole so they can do this legally,then they has to be some loop that protects me as a parent when I go full force to retrieve my kids spairing no one who gets in the way.it’s. My god given right to protect my kids and family and my given right to raise them .when I’ve done nothing at all rong no neglect, no abuse. And now they are neglecting, and abusing them and I need a guide to retrieve them and sue these dirty lieing crooks. The corrupt police man that started it all when getting paied by our tax dollars commits burglary. In the first and second degree. While possessing a fire arm!and steals my most prized possession .and kidnaps 5 children. Then files false statements.and that’s just a small piece of the true story.that I have proof of every word.some pictures,some on video and some were witnessed by people close by.but all can be proven.but still no kids back home no lawyer having the balls to defend what is right.can no justice.refrence needed plz.
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What ‘State’ do You reside and what is the present condition(where are Your Children presently)?
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You posted that the Constitution and the Bill of Rights are separated, if these two Documents were issued by a King they were. But why would we, the People of the United States, issues them separate and not put them together since we are the Citizens of the United States and of the State wherein they reside?
Governor Patrick Henry, of the 17oo’s, asked what type of Government did our Founders created and that it should be base off of our civil Rights. He did sign the Constitution after he help with the Bill of Rights, which for some reason no one show the Insertion Clause( I hope to have this Clause right) that was pass with the Bill of Rights to be include under Article 5. If you read Article 5 it does not point were to put the Amendments, which the Bill of Rights now has a function of were to put the Amendments and to clarify the Constitution already written. The Constitution is the Right of the Citizens of the United States, which all of us are apart of.
This is in Federalist Papers #84 about a Bill of Rights. Now we have just one Document which each of the States pass as a State Law and was not pass a Federal Law. Which goes with your comment about this Documents are “entwined entities” for the People of the United States who do ordain and establish this Constitution( the Law of the Land) for the United States of America.
“A real contract under common law is a legal term for an agreement that pertains to land and property transactions.”
Because we agree to “promote the general Welfare” of the United States by being Tax and not to be change with a Fee. Hint, with the Health Care Act. This is how it is transfer to a Person born in the United States if they are born of a Citizens of the United States and not a Foreign Citizens.
So how can I prove that these two documents are not separated? Maybe this is why site http://constitutionus.com/, does not separated the two.
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Can you tell me the different between a Bill of Attainder and the Article of Impeachment Inquiry?
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