Rights, Bill of


Rights, Bill of

▪ British history
formally  An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown (1689) 

      one of the basic instruments of the British constitution, the result of the long 17th-century struggle between the Stuart kings and the English people and Parliament. It incorporated the provisions of the Declaration of Rights, acceptance of which had been the condition upon which the throne, held to have been vacated by James II, was offered to the prince and princess of Orange, afterward William III and Mary II. With the Toleration Act (1689), granting religious toleration to all Protestants, the Triennial Act (1694), ordering general elections to be held every three years, and the Act of Settlement (Settlement, Act of) (1701), providing for the Hanoverian succession, the Bill of Rights provided the foundation on which the government rested after the Glorious Revolution (1688–89). It purported to introduce no new principles but merely to declare explicitly the existing law. The revolution settlement, however, made monarchy clearly conditional on the will of Parliament and provided a freedom from arbitrary government of which most Englishmen were notably proud during the 18th century.

      The main purpose of the act was unequivocally to declare illegal various practices of James II. Among such practices proscribed were the royal prerogative of dispensing with the law in certain cases, the complete suspension of laws without the consent of Parliament, and the levying of taxes and the maintenance of a standing army in peacetime without specific parliamentary authorization. A number of clauses sought to eliminate royal interference in parliamentary matters, stressing that elections must be free and that members must have complete freedom of speech. Certain forms of interference in the course of justice were also proscribed. The act also dealt with the proximate succession to the throne, settling it on Mary's heirs, then on those of her sister, afterward Queen Anne, and then on those of William, provided they were Protestants.

      Click here for the text of the Bill of Rights (1689) (Bill of Rights).

▪ United States Constitution
 in the United States, the first 10 amendments to the U.S. Constitution (Constitution of the United States of America), which were adopted as a single unit on December 15, 1791, and which constitute a collection of mutually reinforcing guarantees of individual rights and of limitations on federal and state governments.

      Click here for the text of the Bill of Rights (Constitution of the United States).

      The Bill of Rights derives from the Magna Carta (1215), the English Bill of Rights (Rights, Bill of) (1689), the colonial struggle against king and Parliament, and a gradually broadening concept of equality among the American people. Virginia's 1776 Declaration of Rights, drafted chiefly by George Mason (Mason, George), was a notable forerunner. Besides being axioms of government, the guarantees in the Bill of Rights have binding legal force. Acts of Congress in conflict with them may be voided by the U.S. Supreme Court when the question of the constitutionality of such acts arises in litigation.

      The Constitution in its main body forbids suspension of the writ of habeas corpus except in cases of rebellion or invasion (Article I, section 9); prohibits state or federal bills of attainder and ex post facto laws (I, 9, 10); requires that all crimes against the United States be tried by jury in the state where committed (III, 2); limits the definition, trial, and punishment of treason (III, 3); prohibits titles of nobility (I, 9) and religious tests for officeholding (VI); guarantees a republican form of government in every state (IV, 4); and assures each citizen the privileges and immunities of the citizens of the several states (IV, 2).

      Popular dissatisfaction with the limited guarantees of the main body of the Constitution expressed in the state conventions called to ratify it, led to demands and promises that the first Congress of the United States satisfied by submitting to the states 12 amendments. Ten were ratified. Individual states being subject to their own bills of rights, these amendments were limited to restraining the federal government. The Senate refused to submit James Madison's (Madison, James) amendment (approved by the House of Representatives) protecting religious liberty, freedom of the press, and trial by jury against violation by the states.

      Under the First Amendment, Congress can make no law respecting an establishment of religion or prohibiting its free exercise, or abridging freedom of speech or press or the right to assemble and petition for redress of grievances. Hostility to standing armies found expression in a guarantee of the people's right to bear arms and in limitation of the quartering of soldiers in private houses.

      The Fourth Amendment secures the people against unreasonable searches and seizures and forbids the issuance of warrants except upon probable cause and directed to specific persons and places. The Fifth Amendment requires grand jury indictment in prosecutions for major crimes and prohibits double jeopardy for a single offense. It provides that no person shall be compelled to testify against himself, forbids the taking of life, liberty, or property without due process of law or the taking of private property for public use without just compensation. By the Sixth Amendment, an accused person is to have a speedy public trial by jury, to be informed of the nature of the accusation, to be confronted with prosecution witnesses, and to have the assistance of counsel. Excessive bail or fines and cruel or unusual punishment are forbidden by the Eighth Amendment. The Ninth Amendment protects unenumerated residual rights of the people, and by the Tenth, powers not delegated to the United States are reserved to the states or the people.

      After the Civil War, slavery was abolished, and the Fourteenth Amendment (1868) declared that all persons born or naturalized in the United States and subject to its jurisdiction are citizens thereof. It forbids the states to abridge the privileges or immunities of citizens of the United States, or to deprive any person of life, liberty, or property without due process of law. After 1924, the due process clause was construed by the Supreme Court as guaranteeing that many of the same rights protected from federal violation were also protected from violation by the states. The clause finally made effective the major portion of Madison's unaccepted 1789 proposal.

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Universalium. 2010.

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