US Constitutional Individual Liberty

This essay comprehensively examines the treatment of individual liberty under the United States Constitution. It delves into the First Amendment, focusing on freedom of speech and its limitations, and explores the implications of Article III, Section 3. The essay analyzes the historical context and evolution of the concept of individual liberty, highlighting its importance and the ongoing debates surrounding its interpretation. It discusses various amendments, including the Second Amendment (right to bear arms), the Third Amendment (quartering of soldiers), the Fourth Amendment (protection against unreasonable searches and seizures), the Fifth Amendment (protection of life, liberty, and property), and the Fourteenth Amendment (equal protection). The essay also addresses the limitations and exceptions to these freedoms, such as obscenity laws and restrictions on fighting words. It concludes by emphasizing the importance of balancing individual liberties with the need for societal order and the ongoing challenges in interpreting and applying these constitutional guarantees. The essay uses several scholarly sources to support its arguments.

Treatment of individual liberty under the Constitution of United States
The Constitution of the Us: The first Amendment, Freedom of Speech, Article 111, Section 3
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Introduction
This essay focuses on the Treatment of individual liberty under the Constitution of
United States and other rights given to individuals and residents of the US as right to liberty.
However, The first Amendment, Freedom of Speech, Article 111, Section 3 all the
amendments and other changes in the law has been made to restrict individuals to harm
others.
Treatment of individual liberty under the Constitution of
United States
The term liberty is actually the state of being free, free within society from the authoritative
restriction. The liberty is the right given to individual under the articles given under
Constitution of United States. It is the right which allows individual to freely move, speak
and do as they like.
Imposed by authority on one’s behavior or upon
political view
With the changes in time, concept of the individual liberty has been changed throughout the
time. This concept of individual liberty is being in existence but its importance is quite now
understood. The world is full of peoples and the peoples create the society but this society is
being determined in terms of different aspect. The framers of the constitution have created
the constitution depending upon the need of the changes required at that period of time and
since now the amendments have been made so that all the people of the country shall feel
safe and secure as to the permanent safety to the rights and liberties of every individual is
there in the constitution. Whenever any of the person in the country feels aggrieved can seek
his rights and those rights were always be with him (Gallagher, et al. 2015).

The concept of individual liberty under the First
amendment
The first Amendment, Freedom of Speech, Article 111, Section 3 and amendment of
the constitution of united states 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 right of the people peaceably to assemble and to petition the government for a
redress of grievances (Gallagher, et al. 2015).
The first Amendment, Freedom of Speech, Article 111, Section 3 shows that freedom of
speech is an important aspect for the individual in the society as freedom of speech is a right
which actually provides the liberty to every individual in the society. This right have
restrictions but before taking about restrictions there is something which is important that this
speech right shall also have scope over the defamatory statements as if the individual is
stating truth then such can never be considered as the defamatory statement (Gallagher, et al.
2015).
The law is established to create all the things in a proper control as provided under the article
III of the constitution of united states ‘THE JUDICIAL BRANCH’ the judicial power of
united states shall be vested in the one supreme court and the other inferior courts which
congress can establish from time to time as and when required. The Supreme Court acts as
the guardian of the constitution of Unites States, its purpose is not only to provide the justice
to the aggrieved person’s but also to guard the basic structure of the Constitution. It was done
with a view to promote individuals to work freely and motivate them to enjoy the right of
freedom to enjoy.
The freedom of speech and press states the freedom to express the opinion of the individuals
and to publish the truth which is so provided in the freedom of press. This right is given to the
press to publish any documents which is for the benefit of the society and to keep them
vigilant against anything which is going in the society and in the government. This freedom
though has some exceptions as to places where such right cannot be granted which are
obscenity, fighting words, defamation(libel and slander), child pornography, perjury ,
blackmail, incitement to imminent lawless action, true threat, solicitation to commit crimes
(Pichler, et al. 2017).

But there are things which were left unconsidered and should be considered by the framers of
the constitution. However, these points and factors were the biggest reason of defaults and
disputed in the framed Constitution of United States. In freedom of speech and press. The
exception states that there shall not be any fighting words and defamatory words being
spoken as well as published but when any defamation is caused or any fighting word is being
used to provoke someone in order to reveal the truth can it also be used. Obscenity is one of
the aspect in dispute as the obscenity is not protected by first amendment since the obscene
things shown can affect the society. In the present time the society have full access to the
obscene websites and such things can easily affect the society. There must be some basis or
test of obscenity as to what extend the obscenity should be allowed. Youth is not having any
knowledge about the physical relations and because of which the youth get affected and
extend of obscenity affects them the most. This was done to strengthen the overall youth
work program and promote others to freely act in the United States. This act gave the power
and allow other individuals to work freely and effectively (Garrow, 2015).
The first Amendment, Freedom of Speech, Article 111, Section 3 depicts that the freedom of
religion is the freedom given to the every person residing in the United States to choose their
own religion and no one can interfere to perform and follow their own religion. These too
much of religious belief could be misused by the peoples as the religious belief is not a
ground of refusing to obey the laws prohibiting conduct which state is free to regulate and the
court interfere in the religious prospectus of the individuals as well as when the person is
performing a ritual according to their religion the courts has not considered it as acceptable.
The framers should consider some aspect to make it more clear because if there is any
religion which states anything which has been followed for a long period of time it has to be
followed but if cases like drugs being given in any ritual then such shall be given in very least
quantity and the only drug which is not dangerous shall not be given and such shall only be
given in a specific period of time not in the course of employment and such information shall
be provided to the institution or company where the person is working and getting income
(Pichler., et al. 2017).
The bill of rights are the first ten amendments to the United States which is provided to the
every individual of the society and such rights shall not be taken away. These given rights are
availed by every individual or resident of the United States which strengthen their own sprit
and also allow them to enjoy their life with the proper liberty (Garrow, 2015).

2nd amendment states a well-regulated militia which is necessary for the security of a free
state the right to bear arms shall be with the people to protect the Free State. But for the grant
of the arms the background and the position of the person shall be considered so that whether
the person is able to have the arms or not shall be considered and their shall be medical and
psychological test so that the person is physically as well as mentally healthy to have the
arms for the safety of the free state. This amendment was done to strengthen the safety and
security of the individual from the ill-intentioned person. However, while giving the arms to
particular individuals, there is proper protocols and licensing procedure which every
individual needs to learn. It not only strengthen the safety and security but also empower
other individuals to freely move in danger areas as well (Pichler, et al. 2017).
3rd amendment the housing of soldiers no soldiers shall be in time of peace shall be quartered
in any house without the consent of the owner nor in time of war as prescribed by law. This
was done to promote the right of liberty to live in peaceful environment and restraining any
kind of tranquility in the society due to the unforeseen acts (Russo, 2015).
4th amendment protection from unreasonable searches and services. It was done to strengthen
the safety and security from the cyber acts. With the ramified development in the
technologies, many ill-intentioned person are harming the social website and individuals to
gain their personal benefits. Therefore, this amendment was brought to the notice so that it
could positively impact the society and remove the acts and negative harm of the ill-intention
people such as cybercrime, malware attacks and bombing (Grelle, 2016).
Every individual have right that no government authority shall make any unreasonable
searches and services against the authority which has been granted to them. If the authority
do have to search then for such they must have search warrant to conduct the search of the
place suspected (Prothero, & Kerby, 2015). But the search so conducted must be according
to the rules and the ethics. The person suspected must not be hurt by the authority who is
conducting the search and if such happens then there must be action taken against such
actions so that the liberty of every individual shall not be suffered who has been suffered by
such acts. This act or amendment was done to maintain the proper level of tranquility in the
society and restraining others to trespass other property. This is the legal right of the residents
in US to restrain other to enter into their property. If it happens then they may file case
against that trespassed person.

5th amendment protection to life, liberty and property. This amendment was passed to
promote the people and liberty of life so that it could strengthen overall society justice and
protection of the life of the individuals (Gallagher, et al. 2015).
It is the duty of the government to protect the life liberty and the property of every individual.
The constitution of the United States provides the safeguard to such right. The framers shall
also consider the extent of the protection of the life of the person at every phase of time.
Whenever it comes to the life of the government authority and the common person of the
country then always the life of the government authority shall always be considered to be in
priority (House, 2014). very person is important and they all are equal in the eye of law. If
there is any such condition then always the decision should be to save all the lives and the
government shall try to save every person irrespective of the government authority and the
common person. If there is no chance left then the authority can decide according to the best
interest of the nation (Baruch, 2017).
After assessing the details case study and conditional bills, it is found that 6th, 7th and 8th
amendment deals with the right of accused person in criminal cases and civil cases and
excessive bail fines and punishment forbidden. However, anticipatory bills are allowed to be
given but there should be proper facts and evidence which could easily be used to identify
that the person is not guilty (Suárez, 2016).
The person shall be considered accused until and unless court declared the person to be guilty
and all the rights shall be provided to the accused person in the civil as well as criminal cases.
The bail shall be granted to the accused person on the bases of the offence against which the
bail is being requested from the court. The court shall impose fines for the offences
committed by the accused and shall punish the guilty (Hamilton, 2018). The court shall give
forbidden punishment in rarest of rare cases as the person who has committed the offence is
considered that he shall also change so the reformative theory shall be considered and the
forbidden punishment shall be given in rarest of rare cases. The anticipatory bail shall be
granted only when there is proper evidences and other required details (Suarez, 2017).
9th amendment other rights kept by the people
This right is the rights which are left or which are explicitly not mentioned, i.e. the rest all the
rights are vested in this amendment. This right is mainly used by the individual in order to
stop the government to exceed their authority or whenever government does any act

arbitrarily without considering the law and the legality then this amendment is used as a
shield and the sword to stop the government. This was done to strengthen the rights of the
individuals and allow them to freely move in the country. It also keep residents save from the
possible domination of the government (Lamont, 2011).
10th amendment 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.
The unlimited power shall be provided to the national government but such power shall not
affect the rights of the peoples of the nation. So the rights of the people are the major concern
of the national government in order to use any of its power. The federal government regulates
or commands state government as to what policies they must adopt (Mayer, Mutchler, &
Mitchell, 2016).
14th amendment Equal protection
The term equal protection is a wider term and includes the protection of every possible
aspects. It focuses on protecting every individuals and saving them possible losses in
effective manner. The amendment addresses the citizenship rights and equal protection of the
laws and was proposed in response to the issues related to former slaves following the period
of American civil war. There shall be equal treatment between the males and the females and
no person shall be deprived of their rights and the duties. There shall not be any slaves in the
society and everybody shall be equal in the eye of law
At last the individual liberty is one of the major aspect in the life of every individual and no
person shall be deprived of such liberty. If that person is deprived of any liberty due to any
other person then in that other person could be punished (Margulies, 2015).
Conclusion
After assessing the case study and details analysis on the fact, it could be inferred that
every individual should use their right to liberty. However, all the amendment in the right to
liberty has been done with a view to promote the residents to live freely until and unless they
do not harm others. There should be thought of humanity while enjoying the given liberty
life.

References
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