As public debate about whether Australia should enhance our constitution by taking up a Bill of Rights, Chief Justice of the U.S. Supreme Court John G. Roberts explores the differences between the U.S. and Australia.
The visiting judge was careful to say he didn't have an opinion on whether Australia should or shouldn't go down the Bill of Rights path itself. But, Roberts did illuminate just how torturous and fraught the process was for America, as well as the specific historical circumstances and strong personalities that came into play.
Along the way he explores the implications the U.S. Bill of Rights has had on the history of the United States in areas such as property ownership, crime and the abolition of slavery.
The talk was presented by the Law Faculty at University of Queensland at Brisbane's Banco Court, with introductions by Queensland's Chief Justice Paul de Jersey and UQ Law Professor Ross Grantham.
Bio
Chief Justice John G. Roberts
John G. Roberts, Jr., Chief Justice of the United States, was born in Buffalo, New York, January 27, 1955. He received an A.B. from Harvard College in 1976 and a J.D. from Harvard Law School in 1979.
He served as a law clerk for Henry J. Friendly of the United States Court of Appeals for the Second Circuit from 1979-1980 and as a law clerk for then Associate Justice William H. Rehnquist of the Supreme Court of the United States during the 1980 Term.
He was Special Assistant to the Attorney General, U.S. Department of Justice from 1981-1982, Associate Counsel to President Ronald Reagan, White House Counsel's Office from 1982-1986, and Principal Deputy Solicitor General, U.S. Department of Justice from 1989-1993.
From 1986-1989 and 1993-2003, he practiced law in Washington, D.C. He was appointed to the United States Court of Appeals for the District of Columbia Circuit in 2003.
President George W. Bush nominated him as Chief Justice of the United States, and he took his seat on September 29, 2005.
Chief Justice John Roberts shares two popular theories as to why the Bill of Rights was not included in the original Constitution.
One theory is based on Alexander Hamilton's argument in "Federalist No. 84" that the Constitution is itself a bill of rights, making a Bill of Rights unnecessary and even harmful.
First 10 amendments to the Constitution of the United States, adopted as a group in 1791. They are a collection of guarantees of individual rights and of limitations on federal and state governments that derived from popular dissatisfaction with the limited guarantees of the Constitution. The first Congress submitted 12 amendments (drafted by James Madison) to the states, 10 of which were ratified. The 1st Amendment guarantees freedom of religion, speech, and the press and grants the right to petition for redress and to assemble peacefully. The 2nd Amendment guarantees the right of the people to keep and bear arms. The 3rd prohibits the quartering of soldiers in private dwellings in peacetime. The 4th protects against unreasonable search and seizure. The 5th establishes grand-jury indictment for serious offenses, protects against double jeopardy in criminal cases, and prohibits compelling testimony by a person against himself. The 6th establishes the rights of the accused to a speedy trial and an impartial jury and guarantees the right to legal counsel and to the obtaining of witnesses in his favour. The 7th preserves the right to trial by jury in serious civil suits and prohibits double jeopardy in civil cases. The 8th prohibits excessive bail and cruel and unusual punishment. The 9th states that enumeration of certain rights in the Constitution does not mean the abrogation of rights not mentioned. The 10th reserves to the states and people any powers not delegated to the federal government.
Thank You fora tv Americans were MASONS that had their own agenda this is always left OUT by all speakers Declaration Independence, Constitution, Statue Liberty, created written sculpted, all, All MASONS, yet no speaker says anything even this judge is a MASON. Plato, there is no greater great lie than a half truth, and leaving out the Masonic philosophy, and movement when all first 3 Presidents from Canada . John A Macdonald, Mexico Benito Juarezto, all the way down to Bernardo OHiggins of Chile were all Masons. Yet no speaker no historian speaks of the Masonic influence from Europe to America through its presidents, Alexander Hamilton, womanizer, also mason, managed the First Mason bank for Mason Washington. If one leaves out the Mason boys club, you will not know American Founding fathers history.Masonary still runs the show today.