Constitution of the United States
The Bill of Rights of the United States of America
Preamble
Not all of the founding fathers of the US Constitution were in support of a Bill of Rights. In fact the Federalists were outright opposed to inclusion of a Bill of Rights in the new Constitution. Alexander Hamilton argued that the Constitution already contained sufficient protection. He argued that amendments are always possible even after ratification, thus having a Bill of Rights opens yet another avenue for legislators to amend and curtail the natural rights. Of course he was right. Today The Bill of Rights is interpreted by activist judiciary in ways that would not be possible if there was no such Bill of Rights. The natural rights of citizens would not be up for debates and liberal and deliberate (mis)interpretations; yet that's exactly what is happening.
Restraint to Federal power
Many will find it incredible or at least surprising that the original intention of the The Bill of Rights was to be a restraint on the powers of the federal government.
The Bill of Rights serving as a bar to federal powers to act, did not prove to be very effective. Freedom of press and free speech were the first casualties in early years of the young nation. Highly critical writings about the government and inflammatory speeches while supposed to be protected under the Bill of Rights, were declared as being a crime. Madison and Jefferson were opposed to the Bill. Both gentlemen declared that Federal Act to criminalize the act of criticism was unconstitutional. Moreover, since states were not bound by the Bill, they were free to ignore it.
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The Universal Declaration of Human Rights
The United Nations Charter on human rights
The following text is a complete reproduction from the UN's Universal Declaration of Human Rights
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore The General Assembly proclaims This Universal Declaration Of Human Rights as a common standard of achievement for all peoples and all
nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect
for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the
peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 1.
All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
(1) Everyone charged with a penal offence has the
right to be presumed innocent until proved guilty
according to law in a public trial at which he has had
all the guarantees necessary for his defense.
(2) No one shall be held guilty of any penal offence
on account of any act or omission which did not
constitute a penal offence, under national or
international law, at the time when it was committed.
Nor shall a heavier penalty be imposed than the one that
was applicable at the time the penal offence was
committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and
residence within the borders of each state.
(2) Everyone has the right to leave any country,
including his own, and to return to his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in
other countries asylum from persecution.
(2) This right may not be invoked in the case of
prosecutions genuinely arising from non-political crimes
or from acts contrary to the purposes and principles of
the United Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his
nationality nor denied the right to change his
nationality.
Article 16.
(1) Men and women of full age, without any limitation
due to race, nationality or religion, have the right to
marry and to found a family. They are entitled to equal
rights as to marriage, during marriage and at its
dissolution.
(2) Marriage shall be entered into only with the free
and full consent of the intending spouses.
(3) The family is the natural and fundamental group
unit of society and is entitled to protection by society
and the State.
Article 17.
(1) Everyone has the right to own property alone as
well as in association with others.
(2) No one shall be arbitrarily deprived of his
property.
Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful
assembly and association.
(2) No one may be compelled to belong to an
association.
Article 21.
(1) Everyone has the right to take part in the
government of his country, directly or through freely
chosen representatives.
(2) Everyone has the right of equal access to public
service in his country.
(3) The will of the people shall be the basis of the
authority of government; this will shall be expressed in
periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by secret
vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of
employment, to just and favourable conditions of work
and to protection against unemployment.
(2) Everyone, without any discrimination, has the
right to equal pay for equal work.
(3) Everyone who works has the right to just and
favourable remuneration ensuring for himself and his
family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social
protection.
(4) Everyone has the right to form and to join trade
unions for the protection of his interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living
adequate for the health and well-being of himself and of
his family, including food, clothing, housing and
medical care and necessary social services, and the
right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack
of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special
care and assistance. All children, whether born in or
out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education
shall be free, at least in the elementary and
fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall
be made generally available and higher education shall
be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full
development of the human personality and to the
strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding,
tolerance and friendship among all nations, racial or
religious groups, and shall further the activities of
the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of
education that shall be given to their children.
Article 27.
(1) Everyone has the right freely to participate in
the cultural life of the community, to enjoy the arts
and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the
moral and material interests resulting from any
scientific, literary or artistic production of which he
is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which
alone the free and full development of his personality
is possible.
(2) In the exercise of his rights and freedoms,
everyone shall be subject only to such limitations as
are determined by law solely for the purpose of securing
due recognition and respect for the rights and freedoms
of others and of meeting the just requirements of
morality, public order and the general welfare in a
democratic society.
(3) These rights and freedoms may in no case be
exercised contrary to the purposes and principles of the
United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
No authority grants liberty. Liberty is a natural, intrinsically personal and is unalienable right of every individual.
Key Constitutional Amendments
Amendment 1 - Freedom of Religion, Press
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment 2 - Right to Bear Arms.
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.
Amendment 4 - Search and Seizure.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment 5 - Trial and Punishment, Compensation for Takings
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 offense 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.
Amendment 9 Construction of Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 10 Powers of the States and People.
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.
Amendment 11 Judicial Limits.
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Amendment 14 Citizenship Rights.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
