INTRODUCTION
The U.S. Constitution provides fundamental rights to individuals in the Bill of Rights. Though these were not embodied in the original Constitution, they were inserted in the shape of the first ten amendments. The Bill of Rights, i.e. the first ten amendments, was proposed in 1789 and ratified in 1791.
FREEDOM OF RELIGION, SPEECH, E.T.C. (AMENDMENT 1):
“Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the rights of the people peacefully assemble and petitioning the government for a redress of grievances.”
Explanation:
The First Amendment guarantees the following rights to the citizens of the United States;
(a) Freedom of Religion
(b) Freedom of Speech
(c) Freedom Assembly
(d) Freedom of the Press
(e) Right to petition the Government
RIGHT TO BEAR ARMS (AMENDMENT 2):
“A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear arms, shall not be infringed.”
Explanation:
The Second Amendment guarantees the right to keep and bear arms to the citizens of the United States for their defence. This amendment prohibits the National Government from limiting the right to carry weapons. The amendment was adopted so that Congress could not disarm a State Militia.
HOUSING OF SOLDIERS (AMENDMENT 3):
“No soldier shall, in time of peace, be quartered in any house, without the owner’s consent, nor in time of war, but in a manner to be prescribed by law.”
Explanation:
The Third Amendment guarantees the freedom of the citizens of the United States from billeting of the soldiers. This amendment grew directly out of an old complaint against the British, who had forced people to take soldiers into homes.
SEARCH & ARREST WARRANTS (AMENDMENT 4):
“The right of the people to be secured in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation,& particularly describing the place to be searched and the persons or things to be seized.”
Explanation:
The Fourth Amendment provides that people shall be immune from unreasonable searches & seizures without a search warrant. Seizures & searches can occur under exceptional circumstances, e.g., if someone is suspected of a serious offence or carrying on activities prejudicial to State Security.
RIGHTS IN CRIMINAL CASES (AMENDMENT 5):
“No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger, nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law, nor shall private property be taken for public use without just compensation.”
Explanation:
(a) A capital crime is punishable by death.
(b) An infamous crime is one punishable by death or imprisonment.
RIGHT TO A FAIR TRIAL (AMENDMENT 6):
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State & district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature & cause of the accusation, to be confronted with the witness against him, to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence.”
Explanation:
According to the Sixth Amendment,
(a) All the persons charged with criminal offences shall be entitled to speedy & public trial.
(b) All the accused persons shall be entitled to know the nature of the charges levelled against them.
(c) All the accused persons shall be entitled to get the assistance of Counsel for their defence.
RIGHTS IN CIVIL CASES (AMENDMENT 7):
“In suits at common law, where the value in controversy shall exceed twenty dollars. The right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States than according to the rules of common law.”
Explanation:
The Seventh Amendment provides a right to trial by jury for lawsuits involving anything valued at more than twenty dollars. The framers of the Constitution considered the right to jury trial extremely important. In the Sixth Amendment, they provided for jury trials in criminal cases; in the Seventh Amendment. They offered for such problems in civil suits where the amount contested exceeds twenty dollars.
BAILS, FINES & PUNISHMENTS (AMENDMENT 8):
“Excessive bail shall not be requested, nor excessive fine imposed, nor cruel and unusual punishments inflicted.”
Explanation:
The Eighth Amendment forbids excessive Bail for persons involved in criminal offences. It also prohibits the levy of excessive fines and cruel punishment. The U.S. Supreme Court also held that Bail and penalties must be fair and human.
RIGHTS RETAINED BY THE PEOPLE (AMENDMENT 9):
“The enumeration in the constitution of certain rights shall not be construed to deny or disparage other retained by the people.”
Explanation:
The ninth amendment provides that the rights not mentioned in the Constitution shall continue to be enjoyed by the people.
POWERS RETAINED (AMENDMENT 10):
“The 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.”
Explanation:
The Tenth Amendment provides that powers not delegated to the Federal Government are to be exercised by the State, or the people shall retain all powers not given to the National Government.
CONCLUSION
The fundamental rights are available to all citizens in all the States and are protected against infringement by the Federal Government. Congress and also against State action. They were inserted in the shape of the first ten amendments, the Bill of Rights, proposed in 1789 and ratified in 1791.
F.A.Q.s
Write a comprehensive note on the “Bill of Rights” under the U.S. Constitution.
(2019-A, 2017-S, 2011-A)
Write a short note on the Bill of Rights in the Constitution of the U.S.A.
(2016-S)
