SlideShare a Scribd company logo
Explain bill of rights. Is bill of right part
of original American Constitution?
Introduction
A bill of rights, sometimes called a declaration of rights or a
charter of rights, is a list of the most important rights to the
citizens of a country. The purpose is to protect those rights
against infringement from public officials and private citizens.
Bills of rights may be entrenched or unentrenched. An
entrenched bill of rights cannot be amended or repealed by a
country's legislature through regular procedure, instead
requiring a supermajority or referendum; often it is part of a
country's constitution, and therefore subject to special
procedures applicable to constitutional amendments. A bill of
rights that is not entrenched is a normal statute law and as such
can be modified or repealed by the legislature at will.
History
The history of legal charters asserting certain rights for particular groups goes back to the Middle Ages
and earlier. An example is Magna Carta, an English legal charter agreed between the King and his barons
in 1215. In the early modern period, there was renewed interest in Magna Carta. English common law
judge Sir Edward Coke revived the idea of rights based on citizenship by arguing that Englishmen had
historically enjoyed such rights. The Petition of Right 1628, the Habeas Corpus Act 1679 and the Bill of
Rights 1689 established certain rights in statute.
In America, the English Bill of Rights was one of the influences on the 1776 Virginia Declaration of
Rights, which in turn influenced the United States Declaration of Independence later that year.After the
Constitution of the United States was adopted in 1789, the United States Bill of Rights was ratified in
1791.
Inspired by the Age of Enlightenment, the Declaration of the Rights of Man and of the Citizen asserted
the universality of rights. It was adopted in 1789 by France's National Constituent Assembly, during the
period of the French Revolution.
The 20th century saw different groups draw on these earlier documents for influence when drafting the
Universal Declaration of Human Rights, the European Convention on Human Rights and the United
Nations Convention on the Rights of the Child.
Exceptions in Western democracies
The constitution of the United Kingdom remains uncodified. However, the Bill of Rights of 1689 is part
of UK law. The Human Rights Act 1998 also incorporates the rights contained in the European
Convention on Human Rights into UK law. Recent infringements of liberty, democracy and the rule of
law have led to demands for a new comprehensive British Bill of Rights upheld by a new independent
Supreme Court with the power to nullify government laws and policies violating its terms.
Australia is the only common law country with neither a constitutional nor federal legislative bill of
rights to protect its citizens, although there is ongoing debate in many of Australia's states. In 1973,
Federal Attorney-General Lionel Murphy introduced a human rights Bill into parliament, although it was
never passed. In 1984, Senator Gareth Evans drafted a Bill of Rights, but it was never introduced into
parliament, and in 1985, Senator Lionel Bowen introduced a bill of rights, which was passed by the
House of Representatives, but failed to pass the Senate. Former Australian Prime Minister John Howard
has argued against a bill of rights for Australia on the grounds it would transfer power from elected
politicians (populist politics) to unelected (constitutional) judges and bureaucrats. Victoria, Queensland
and the Australian Capital Territory (ACT) are the only states and territories to have a human rights Act.
However, the principle of legality present in the Australian judicial system, seeks to ensure that
legislation is interpreted so as not to interfere with basic human rights, unless legislation expressly
intends to interfere.
Is bill of rights part of original
American Constitution
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed
following the often bitter 1787–88 debate over the ratification of the Constitution, and written to address the objections
raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal
freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit
declarations that all powers not specifically granted to the U.S. Congress by the Constitution are reserved for the states or
the people. The concepts codified in these amendments are built upon those found in earlier documents, especially the
Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787),the English Bill of Rights (1689), and
the Magna Carta (1215).
Due largely to the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out
by anti-federalists and then crafted a series of corrective proposals, Congress approved twelve articles of amendment on
September 25, 1789, and submitted them to the states for ratification. Contrary to Madison's proposal that the proposed
amendments be incorporated into the main body of the Constitution (at the relevant articles and sections of the
document), they were proposed as supplemental additions (codicils) to it.Articles Three through Twelve were ratified as
additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution.
Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment. Article One is still
pending before the states.
Although Madison's proposed amendments included a provision to extend the protection of some of the Bill of Rights to
the states, the amendments that were finally submitted for ratification applied only to the federal government. The door
for their application upon state governments was opened in the 1860s, following ratification of the Fourteenth
Amendment. Since the early 20th century both federal and state courts have used the Fourteenth Amendment to apply
portions of the Bill of Rights to state and local governments. The process is known as incorporation.
First Amendment
• The First Amendment provides several rights protections:
to express ideas through speech and the press, to assemble
or gather with a group to protest or for other reasons, and to
ask the government to fix problems. It also protects the right
to religious beliefs and practices. It prevents the government
from creating or favoring a religion.
Second Amendment
• The Second Amendment protects the right to keep and bear
arms.
Third Amendment
• The Third Amendment prevents government from forcing
homeowners to allow soldiers to use their homes. Before
the Revolutionary War, laws gave British soldiers the right
to take over private homes.
Fourth Amendment
• The Fourth Amendment bars the government from
unreasonable search and seizure of an individual or their
private property.
Fifth Amendment
• The Fifth Amendment provides several protections for
people accused of crimes. It states that serious criminal
charges must be started by a grand jury. A person cannot
be tried twice for the same offense (double jeopardy) or
have property taken away without just compensation.
People have the right against self-incrimination and cannot
be imprisoned without due process of law (fair procedures
and trials).
Sixth Amendment
• The Sixth Amendment provides additional protections to people
accused of crimes, such as the right to a speedy and public trial, trial
by an impartial jury in criminal cases, and to be informed of criminal
charges. Witnesses must face the accused, and the accused is allowed
his or her own witnesses and to be represented by a lawyer.
Seventh Amendment
• The Seventh Amendment extends the right to a jury trial in Federal
civil cases.
Eighth Amendment
• The Eighth Amendment bars excessive bail and fines and
cruel and unusual punishment.
Ninth Amendment
• The Ninth Amendment states that listing specific rights in
the Constitution does not mean that people do not
have other rights that have not been spelled out.
Tenth Amendment
• The Tenth Amendment says that the Federal
Government only has those powers delegated
in the Constitution. If it isn’t listed, it belongs
to the states or to the people.

More Related Content

What's hot

Congress
CongressCongress
Congress
Chris Thomas
 
US Constitution PowerPoint
US Constitution PowerPointUS Constitution PowerPoint
US Constitution PowerPointAlicbrock
 
Principles of US Constitutions
Principles of US ConstitutionsPrinciples of US Constitutions
Principles of US Constitutions
thuphan95
 
The us federal court system & supreme court
The us federal court system & supreme courtThe us federal court system & supreme court
The us federal court system & supreme courtpjosephchs
 
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
Shivani Sharma
 
The british constitution
The british constitutionThe british constitution
The british constitutionaquinaspolitics
 
Powers Of Congress
Powers Of CongressPowers Of Congress
Powers Of Congresstspeck7
 
Congress of the USA power point
Congress of the USA power pointCongress of the USA power point
Congress of the USA power point
Vincent Valentine
 
salient features of usa constitution
salient features of usa constitutionsalient features of usa constitution
salient features of usa constitution
aaqash ali
 
British Bill of Rights 1689
British Bill of Rights 1689British Bill of Rights 1689
British Bill of Rights 1689
Navid01
 
Constitutional Convention
Constitutional ConventionConstitutional Convention
Constitutional Convention
kbeacom
 
Amendment of Indian Constitution and Basic Structure Doctrine - Art. 368
Amendment of Indian Constitution and Basic Structure Doctrine - Art. 368Amendment of Indian Constitution and Basic Structure Doctrine - Art. 368
Amendment of Indian Constitution and Basic Structure Doctrine - Art. 368
Gagan
 
Civil Liberties
Civil LibertiesCivil Liberties
Civil Liberties
Christopher Rice
 
Parliamentary sovereignty
Parliamentary sovereigntyParliamentary sovereignty
Parliamentary sovereignty
TawsifAnik1
 

What's hot (20)

Congress
CongressCongress
Congress
 
US Constitution PowerPoint
US Constitution PowerPointUS Constitution PowerPoint
US Constitution PowerPoint
 
Principles of US Constitutions
Principles of US ConstitutionsPrinciples of US Constitutions
Principles of US Constitutions
 
The us federal court system & supreme court
The us federal court system & supreme courtThe us federal court system & supreme court
The us federal court system & supreme court
 
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
THE CONCEPT OF JUDICIAL REVIEW: A COMPARATIVE STUDY AMONG USA, UK, CANADA, AU...
 
The british constitution
The british constitutionThe british constitution
The british constitution
 
US Constitution (2012)
US Constitution (2012)US Constitution (2012)
US Constitution (2012)
 
How the President of the united states elects
How the President of the united states electsHow the President of the united states elects
How the President of the united states elects
 
Powers Of Congress
Powers Of CongressPowers Of Congress
Powers Of Congress
 
Congress of the USA power point
Congress of the USA power pointCongress of the USA power point
Congress of the USA power point
 
salient features of usa constitution
salient features of usa constitutionsalient features of usa constitution
salient features of usa constitution
 
Legal realism
Legal realismLegal realism
Legal realism
 
British Bill of Rights 1689
British Bill of Rights 1689British Bill of Rights 1689
British Bill of Rights 1689
 
4.1 the constitution
4.1 the constitution4.1 the constitution
4.1 the constitution
 
2 party system
2 party system2 party system
2 party system
 
Constitutional Convention
Constitutional ConventionConstitutional Convention
Constitutional Convention
 
Amendment of Indian Constitution and Basic Structure Doctrine - Art. 368
Amendment of Indian Constitution and Basic Structure Doctrine - Art. 368Amendment of Indian Constitution and Basic Structure Doctrine - Art. 368
Amendment of Indian Constitution and Basic Structure Doctrine - Art. 368
 
Sovereignty
SovereigntySovereignty
Sovereignty
 
Civil Liberties
Civil LibertiesCivil Liberties
Civil Liberties
 
Parliamentary sovereignty
Parliamentary sovereigntyParliamentary sovereignty
Parliamentary sovereignty
 

Similar to Bill of right under american constitution

Bill of Rights
Bill of RightsBill of Rights
Bill of Rights
Fermila Yousaf
 
Bill of rights and amendments
Bill of rights and amendments Bill of rights and amendments
Bill of rights and amendments Dakota Boswell
 
human\e constitution
human\e constitution human\e constitution
human\e constitution
monika hardy
 
Bill of rights of The United StatesBill of rights of the united states
Bill of rights of The United StatesBill of rights of the united statesBill of rights of The United StatesBill of rights of the united states
Bill of rights of The United StatesBill of rights of the united states
Paulo Arieu
 
Constitution billofrightsfacts
Constitution billofrightsfactsConstitution billofrightsfacts
Constitution billofrightsfacts
lschmidt1170
 
The bill of rights
The bill of rightsThe bill of rights
The bill of rightstony_odom
 

Similar to Bill of right under american constitution (6)

Bill of Rights
Bill of RightsBill of Rights
Bill of Rights
 
Bill of rights and amendments
Bill of rights and amendments Bill of rights and amendments
Bill of rights and amendments
 
human\e constitution
human\e constitution human\e constitution
human\e constitution
 
Bill of rights of The United StatesBill of rights of the united states
Bill of rights of The United StatesBill of rights of the united statesBill of rights of The United StatesBill of rights of the united states
Bill of rights of The United StatesBill of rights of the united states
 
Constitution billofrightsfacts
Constitution billofrightsfactsConstitution billofrightsfacts
Constitution billofrightsfacts
 
The bill of rights
The bill of rightsThe bill of rights
The bill of rights
 

More from gagan deep

Transnational organized crime its concept
Transnational organized crime its conceptTransnational organized crime its concept
Transnational organized crime its concept
gagan deep
 
Theories of justice
Theories of justiceTheories of justice
Theories of justice
gagan deep
 
The salient features of prevention of terrorism act, 2002
The salient features of prevention of terrorism act, 2002The salient features of prevention of terrorism act, 2002
The salient features of prevention of terrorism act, 2002
gagan deep
 
The election of judges of international criminal court
The election of judges of international criminal courtThe election of judges of international criminal court
The election of judges of international criminal court
gagan deep
 
Summaries the article competence of two judge benches of supreme court to ref...
Summaries the article competence of two judge benches of supreme court to ref...Summaries the article competence of two judge benches of supreme court to ref...
Summaries the article competence of two judge benches of supreme court to ref...
gagan deep
 
Specific crimes under icc
Specific crimes under iccSpecific crimes under icc
Specific crimes under icc
gagan deep
 
Spamming as cyber crime
Spamming as cyber crimeSpamming as cyber crime
Spamming as cyber crime
gagan deep
 
Principle of complementarity
Principle of complementarityPrinciple of complementarity
Principle of complementarity
gagan deep
 
Precedents concept and kinds
Precedents concept and kindsPrecedents concept and kinds
Precedents concept and kinds
gagan deep
 
Law and legitimacy
Law and legitimacyLaw and legitimacy
Law and legitimacy
gagan deep
 
Internal aids of interpretation and construction of statutes
Internal aids of interpretation and construction of statutesInternal aids of interpretation and construction of statutes
Internal aids of interpretation and construction of statutes
gagan deep
 
Fiscal technique
Fiscal techniqueFiscal technique
Fiscal technique
gagan deep
 
Examining computer and evidence collection
Examining computer and evidence collectionExamining computer and evidence collection
Examining computer and evidence collection
gagan deep
 
Drug trafficking and the role of ndps act in curbing the menace of organized ...
Drug trafficking and the role of ndps act in curbing the menace of organized ...Drug trafficking and the role of ndps act in curbing the menace of organized ...
Drug trafficking and the role of ndps act in curbing the menace of organized ...
gagan deep
 
Difference between legal logic and legal rhetoric
Difference between legal logic and legal rhetoricDifference between legal logic and legal rhetoric
Difference between legal logic and legal rhetoric
gagan deep
 
Cyberspace jurisdiction meaning and concept
Cyberspace jurisdiction meaning and conceptCyberspace jurisdiction meaning and concept
Cyberspace jurisdiction meaning and concept
gagan deep
 
Vicarious liability under criminal law
Vicarious liability under criminal law Vicarious liability under criminal law
Vicarious liability under criminal law
gagan deep
 
Type of research method are used
Type of research method are used Type of research method are used
Type of research method are used
gagan deep
 
Trial process in uk
Trial process in ukTrial process in uk
Trial process in uk
gagan deep
 
Rights of accused persons criminal law
Rights of accused persons criminal law Rights of accused persons criminal law
Rights of accused persons criminal law
gagan deep
 

More from gagan deep (20)

Transnational organized crime its concept
Transnational organized crime its conceptTransnational organized crime its concept
Transnational organized crime its concept
 
Theories of justice
Theories of justiceTheories of justice
Theories of justice
 
The salient features of prevention of terrorism act, 2002
The salient features of prevention of terrorism act, 2002The salient features of prevention of terrorism act, 2002
The salient features of prevention of terrorism act, 2002
 
The election of judges of international criminal court
The election of judges of international criminal courtThe election of judges of international criminal court
The election of judges of international criminal court
 
Summaries the article competence of two judge benches of supreme court to ref...
Summaries the article competence of two judge benches of supreme court to ref...Summaries the article competence of two judge benches of supreme court to ref...
Summaries the article competence of two judge benches of supreme court to ref...
 
Specific crimes under icc
Specific crimes under iccSpecific crimes under icc
Specific crimes under icc
 
Spamming as cyber crime
Spamming as cyber crimeSpamming as cyber crime
Spamming as cyber crime
 
Principle of complementarity
Principle of complementarityPrinciple of complementarity
Principle of complementarity
 
Precedents concept and kinds
Precedents concept and kindsPrecedents concept and kinds
Precedents concept and kinds
 
Law and legitimacy
Law and legitimacyLaw and legitimacy
Law and legitimacy
 
Internal aids of interpretation and construction of statutes
Internal aids of interpretation and construction of statutesInternal aids of interpretation and construction of statutes
Internal aids of interpretation and construction of statutes
 
Fiscal technique
Fiscal techniqueFiscal technique
Fiscal technique
 
Examining computer and evidence collection
Examining computer and evidence collectionExamining computer and evidence collection
Examining computer and evidence collection
 
Drug trafficking and the role of ndps act in curbing the menace of organized ...
Drug trafficking and the role of ndps act in curbing the menace of organized ...Drug trafficking and the role of ndps act in curbing the menace of organized ...
Drug trafficking and the role of ndps act in curbing the menace of organized ...
 
Difference between legal logic and legal rhetoric
Difference between legal logic and legal rhetoricDifference between legal logic and legal rhetoric
Difference between legal logic and legal rhetoric
 
Cyberspace jurisdiction meaning and concept
Cyberspace jurisdiction meaning and conceptCyberspace jurisdiction meaning and concept
Cyberspace jurisdiction meaning and concept
 
Vicarious liability under criminal law
Vicarious liability under criminal law Vicarious liability under criminal law
Vicarious liability under criminal law
 
Type of research method are used
Type of research method are used Type of research method are used
Type of research method are used
 
Trial process in uk
Trial process in ukTrial process in uk
Trial process in uk
 
Rights of accused persons criminal law
Rights of accused persons criminal law Rights of accused persons criminal law
Rights of accused persons criminal law
 

Recently uploaded

Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...
Finlaw Consultancy Pvt Ltd
 
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxRIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
OmGod1
 
How to Obtain Permanent Residency in the Netherlands
How to Obtain Permanent Residency in the NetherlandsHow to Obtain Permanent Residency in the Netherlands
How to Obtain Permanent Residency in the Netherlands
BridgeWest.eu
 
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
9ib5wiwt
 
Car Accident Injury Do I Have a Case....
Car Accident Injury Do I Have a Case....Car Accident Injury Do I Have a Case....
Car Accident Injury Do I Have a Case....
Knowyourright
 
The Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot CitizenshipThe Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot Citizenship
BridgeWest.eu
 
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdfDonald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
ssuser5750e1
 
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW  AN OVERVIEW in Malawi.pptxEMPLOYMENT LAW  AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
MwaiMapemba
 
Introducing New Government Regulation on Toll Road.pdf
Introducing New Government Regulation on Toll Road.pdfIntroducing New Government Regulation on Toll Road.pdf
Introducing New Government Regulation on Toll Road.pdf
AHRP Law Firm
 
Notes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.docNotes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.doc
BRELGOSIMAT
 
Secure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark TodaySecure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark Today
Trademark Quick
 
Debt Mapping Camp bebas riba to know how much our debt
Debt Mapping Camp bebas riba to know how much our debtDebt Mapping Camp bebas riba to know how much our debt
Debt Mapping Camp bebas riba to know how much our debt
ssuser0576e4
 
ADR in criminal proceeding in Bangladesh with global perspective.
ADR in criminal proceeding in Bangladesh with global perspective.ADR in criminal proceeding in Bangladesh with global perspective.
ADR in criminal proceeding in Bangladesh with global perspective.
Daffodil International University
 
DNA Testing in Civil and Criminal Matters.pptx
DNA Testing in Civil and Criminal Matters.pptxDNA Testing in Civil and Criminal Matters.pptx
DNA Testing in Civil and Criminal Matters.pptx
patrons legal
 
ASHWINI KUMAR UPADHYAY v/s Union of India.pptx
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxASHWINI KUMAR UPADHYAY v/s Union of India.pptx
ASHWINI KUMAR UPADHYAY v/s Union of India.pptx
shweeta209
 
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptxHighlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
anjalidixit21
 
Cold War - 1, talks about cold water bro
Cold War - 1, talks about cold water broCold War - 1, talks about cold water bro
Cold War - 1, talks about cold water bro
SidharthKashyap5
 
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselMilitary Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Thomas (Tom) Jasper
 
Agrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quizAgrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quiz
gaelcabigunda
 
WINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of DissolutionWINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of Dissolution
KHURRAMWALI
 

Recently uploaded (20)

Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...
 
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxRIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
 
How to Obtain Permanent Residency in the Netherlands
How to Obtain Permanent Residency in the NetherlandsHow to Obtain Permanent Residency in the Netherlands
How to Obtain Permanent Residency in the Netherlands
 
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
 
Car Accident Injury Do I Have a Case....
Car Accident Injury Do I Have a Case....Car Accident Injury Do I Have a Case....
Car Accident Injury Do I Have a Case....
 
The Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot CitizenshipThe Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot Citizenship
 
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdfDonald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
 
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW  AN OVERVIEW in Malawi.pptxEMPLOYMENT LAW  AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
 
Introducing New Government Regulation on Toll Road.pdf
Introducing New Government Regulation on Toll Road.pdfIntroducing New Government Regulation on Toll Road.pdf
Introducing New Government Regulation on Toll Road.pdf
 
Notes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.docNotes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.doc
 
Secure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark TodaySecure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark Today
 
Debt Mapping Camp bebas riba to know how much our debt
Debt Mapping Camp bebas riba to know how much our debtDebt Mapping Camp bebas riba to know how much our debt
Debt Mapping Camp bebas riba to know how much our debt
 
ADR in criminal proceeding in Bangladesh with global perspective.
ADR in criminal proceeding in Bangladesh with global perspective.ADR in criminal proceeding in Bangladesh with global perspective.
ADR in criminal proceeding in Bangladesh with global perspective.
 
DNA Testing in Civil and Criminal Matters.pptx
DNA Testing in Civil and Criminal Matters.pptxDNA Testing in Civil and Criminal Matters.pptx
DNA Testing in Civil and Criminal Matters.pptx
 
ASHWINI KUMAR UPADHYAY v/s Union of India.pptx
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxASHWINI KUMAR UPADHYAY v/s Union of India.pptx
ASHWINI KUMAR UPADHYAY v/s Union of India.pptx
 
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptxHighlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
 
Cold War - 1, talks about cold water bro
Cold War - 1, talks about cold water broCold War - 1, talks about cold water bro
Cold War - 1, talks about cold water bro
 
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselMilitary Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
 
Agrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quizAgrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quiz
 
WINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of DissolutionWINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of Dissolution
 

Bill of right under american constitution

  • 1. Explain bill of rights. Is bill of right part of original American Constitution?
  • 2. Introduction A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and private citizens. Bills of rights may be entrenched or unentrenched. An entrenched bill of rights cannot be amended or repealed by a country's legislature through regular procedure, instead requiring a supermajority or referendum; often it is part of a country's constitution, and therefore subject to special procedures applicable to constitutional amendments. A bill of rights that is not entrenched is a normal statute law and as such can be modified or repealed by the legislature at will.
  • 3. History The history of legal charters asserting certain rights for particular groups goes back to the Middle Ages and earlier. An example is Magna Carta, an English legal charter agreed between the King and his barons in 1215. In the early modern period, there was renewed interest in Magna Carta. English common law judge Sir Edward Coke revived the idea of rights based on citizenship by arguing that Englishmen had historically enjoyed such rights. The Petition of Right 1628, the Habeas Corpus Act 1679 and the Bill of Rights 1689 established certain rights in statute. In America, the English Bill of Rights was one of the influences on the 1776 Virginia Declaration of Rights, which in turn influenced the United States Declaration of Independence later that year.After the Constitution of the United States was adopted in 1789, the United States Bill of Rights was ratified in 1791. Inspired by the Age of Enlightenment, the Declaration of the Rights of Man and of the Citizen asserted the universality of rights. It was adopted in 1789 by France's National Constituent Assembly, during the period of the French Revolution. The 20th century saw different groups draw on these earlier documents for influence when drafting the Universal Declaration of Human Rights, the European Convention on Human Rights and the United Nations Convention on the Rights of the Child.
  • 4. Exceptions in Western democracies The constitution of the United Kingdom remains uncodified. However, the Bill of Rights of 1689 is part of UK law. The Human Rights Act 1998 also incorporates the rights contained in the European Convention on Human Rights into UK law. Recent infringements of liberty, democracy and the rule of law have led to demands for a new comprehensive British Bill of Rights upheld by a new independent Supreme Court with the power to nullify government laws and policies violating its terms. Australia is the only common law country with neither a constitutional nor federal legislative bill of rights to protect its citizens, although there is ongoing debate in many of Australia's states. In 1973, Federal Attorney-General Lionel Murphy introduced a human rights Bill into parliament, although it was never passed. In 1984, Senator Gareth Evans drafted a Bill of Rights, but it was never introduced into parliament, and in 1985, Senator Lionel Bowen introduced a bill of rights, which was passed by the House of Representatives, but failed to pass the Senate. Former Australian Prime Minister John Howard has argued against a bill of rights for Australia on the grounds it would transfer power from elected politicians (populist politics) to unelected (constitutional) judges and bureaucrats. Victoria, Queensland and the Australian Capital Territory (ACT) are the only states and territories to have a human rights Act. However, the principle of legality present in the Australian judicial system, seeks to ensure that legislation is interpreted so as not to interfere with basic human rights, unless legislation expressly intends to interfere.
  • 5. Is bill of rights part of original American Constitution The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution, and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the U.S. Congress by the Constitution are reserved for the states or the people. The concepts codified in these amendments are built upon those found in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787),the English Bill of Rights (1689), and the Magna Carta (1215). Due largely to the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by anti-federalists and then crafted a series of corrective proposals, Congress approved twelve articles of amendment on September 25, 1789, and submitted them to the states for ratification. Contrary to Madison's proposal that the proposed amendments be incorporated into the main body of the Constitution (at the relevant articles and sections of the document), they were proposed as supplemental additions (codicils) to it.Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment. Article One is still pending before the states. Although Madison's proposed amendments included a provision to extend the protection of some of the Bill of Rights to the states, the amendments that were finally submitted for ratification applied only to the federal government. The door for their application upon state governments was opened in the 1860s, following ratification of the Fourteenth Amendment. Since the early 20th century both federal and state courts have used the Fourteenth Amendment to apply portions of the Bill of Rights to state and local governments. The process is known as incorporation.
  • 6. First Amendment • The First Amendment provides several rights protections: to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices. It prevents the government from creating or favoring a religion. Second Amendment • The Second Amendment protects the right to keep and bear arms. Third Amendment • The Third Amendment prevents government from forcing homeowners to allow soldiers to use their homes. Before the Revolutionary War, laws gave British soldiers the right to take over private homes.
  • 7. Fourth Amendment • The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property. Fifth Amendment • The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials).
  • 8. Sixth Amendment • The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer. Seventh Amendment • The Seventh Amendment extends the right to a jury trial in Federal civil cases. Eighth Amendment • The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment. Ninth Amendment • The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.
  • 9. Tenth Amendment • The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.