THE BILL OF RIGHTS IN THE UNITED STATES: WHAT HAS IT ACCOMPLISHED

Abstract

Prior to its occurrence, the prevailing view on enacting a Bill of Rights in the United States was that it would be unwise and pointless because of its restrictive range of federal legislative power, and because legislation and the common law are the real methods of guarding against oppression. As an aid to students of law and a contribution to the Canadian debate over the Bill of Rights, this article attempts to answer a number of questions regarding the success of the American Bill of Rights. It considers whether the Bill has been utterly pointless and unwise as suspected, or whether it has indeed afforded protection against oppression. The author defines those provisions that have embodied vitality and meaning.