The Bill of Rights
The United States Constitution had no guarantee of fundamental individual rights when it was ratified. However, many state legislatures demanded the guarantee of the protection of individual rights. As a result, three delegates of the constitutional convention, George Mason, did not approve the U.S. Constitution because there was no guarantee. Subsequently, the first Congress passed twelve amendments to the constitution, a tenth of which came to be known as the Bill of Rights.
The Bill of Rights was initially available against any violative action of the Federal government only. The state constitution protects the rights of individuals from the actions of the states. The scenario changed after the American Civil War; under the Bill of Rights, the rights are protected against violation by all forms of government. The Bill of Rights usually does not apply to private infringement. In certain cases, it applies to infringement by private parties when the private parties are delegated any governmental function like conducting an election.
The Ten Rights
The ten amendments provide and guarantee ten fundamental rights to the citizens of America. Following is a summary of each of the rights:
The right to freedom of worship, speech, peaceful assembly, and the press is provided by the first amendment.
The second amendment gives the right to keep firearms. The right under the second amendment is to maintain a militia. It applies to states but not to citizens.
According to the third amendment, the quartering of any troops during peacetime is prohibited.
The fourth amendment protects citizens against any unlawful seizures and searches. Thus, it obligates the requirement of a search warrant for any search.
The provision of accusation that the jury can confirm before a person is charged with a serious crime is laid down in the fifth amendment. The right against double jeopardy and self-incrimination is also provided in the fifth amendment. Lastly, it also protects the citizens against denying life and liberty without due process of law.
The sixth amendment offers important rights to criminal defendants. For example, rights to an immediate trial, the right to trial by an unbiased jury, the right to be well-versed of the charges against the defendant, etc.
The trial by jury in civil cases is guaranteed by the seventh amendment.
In the eighth amendment, protection against excessive bail, fines, and punishment is provided.
The ninth amendment dictates that the retained rights shall not be denied to the citizens.
The powers to the states or the citizens are reserved in the tenth amendment.
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