美国权利法案

Evaluation of the American bill of rights

In Philadelphia in 1787 drafted the constitution, and approved at the state of the process, there are also many americans feel uneasy, because did not explicitly protect individual rights in the constitution. Therefore, added 10 amendments to The constitution, called The Bill of Rights, English name is The Bill of Rights. Because of The added to The Bill of Rights, The constitution in 13 states were approved, and came into force in 1789.

Amendment I

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 II

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 III

No Soldier shall，in time of peace be quartered in any house，without the consent of the Owner，nor in time of war，but in a manner to be prescribed by law. Amendment IV

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 V

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.

Amendment VI

In all criminal prosecutions，the accused shall enjoy the right to a speedy and public trial，by an impartial jury of the State and district wherein the crime shall ave been committed，which district shall have been previously ascertained by law，and to be informed of the nature and cause of the accusation；to be confronted with the witnesses against him；to have compulsory process for obtaining itnesses in his favor，and to have the Assistance of Counsel for his defence.

Amendment VII

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 reexamined in any Court of the United States，than according to

the rules of the common law.

Amendment VIII

Excessive bail shall not be required，nor excessive fines imposed，nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution，of certain rights，shall not be construed to deny or disparage others retained by the people.

Amendment X

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.

Bill of rights is born is considered only constraint the federal government, not state.After the civil war, the 14th amendment to strengthen the protection of individual rights, and the states' rights restrictions, but the court focused on just property rights.40 or 50 s of the 20th century, the court will be the introduction of the right choice in the bill of rights in the 14th amendment, the court's center of gravity to the personal rights.Modern, the United States in terms of personal right protection and equal protection have very big development, states and cities set up a human rights, a new batch of the Civil Rights Act, congress and also appeared the new rights such as right of privacy and environment.

The first, the birth of the bill of rights

The original constitution drafted by the United States in 1787 and there is no direct provision of individual rights, but only rules for government organization structure and power.After completion of the draft constitution by states refused to ratify, states are required in the original constitution attached a bill of rights for approval after the constitution of the premise.The federal government to compromise finally, Madison drafted later became a federal ten amendments to the bill of rights was passed in 1791. So why so strong states in the United States and the people the requirements stipulated in the constitution of the contents of the protection of individual rights?We can return to the United States of the colonial period to find the answer.Immigrants came to America either for reasons of religious or political persecution or unemployment bankruptcy, etc., they have obvious thing in common, that is looking for freedom and democracy in the new land, they hate and fear abnormal dictatorship.So as early as 1641 years of colonial period had the free hand, Massachusetts, in 1682, the government organic law, Pennsylvania.So early in the colonial period, the American people will gradually formed a kind of pursuit and protection of individual rights, limited government, demanding democracy the traditional concept of freedom.

Now looking back at the bill of rights in its birth on two defects: one is not the rights that citizens receive equal protection under the second is only binding on the federal government at that time, no binding on the states.Due to the time of the Washington government rarely interference of individual rights, so in a period of time after the birth of the bill of rights, the American people have few chances to use the

guarantee specified in the bill of rights, and because of its constraints only the federal government, that the bill of rights to the American people have the sense of touch "and".

The second, the void of the civil rights

(a) the arrival of the 14th amendment

The American civil war the southern blacks slaves liberated, in order to ensure the achievement of war, the 14th amendment in 1868 to join the federal constitution.The arrival of the 14th amendment first make no racial difference of equality as a basic constitutional principles, the second is on limit state power, the federal government, civil rights protection.But at this time of the 14th amendment and the bill of rights "formed" had not yet been in slaughterhouses (1873) of ruling, the court said a violated by the federal bill of rights guarantee the rights of the state is not in violation of the 14th amendment privilege and exemption clause.At this time of the 14th amendment to become big business charter, "was the focus almost entirely on the property rights law."At this time of the 14th amendment of civil rights, almost no direct, it has been proved for freed slaves did not provide any practical help.In 1896 in plessy v. Flo's decision, the court said as long as give black and white the same facilities will not violate the 14th amendment, its development has become a kind of "separate but equal" theory, make the black in the net of "?Jim Crow laws".

(b) of the Civil Rights Act of congress

Drawn up after the civil war amendments have such one, behind the "parliament has the right to pass legislation to strengthen the provisions", the executive items constitute the basis for the constitution of the Civil Rights Act of congress.Congress in the sixties and seventies of the 19th century made the four Civil Rights Act, which is trying to make the black entitled to enter into a contract, filed a lawsuit and own property rights of citizens, and the effectiveness of the method of congress extended to "anyone", that is not only a state, including personal.This theory are negated by civil rights in 1883, under the jurisdiction of the court ruled that congress can't discrimination is purely personal properties.This period of the Civil Rights Act is the ultimate fate of either by the Supreme Court declared unconstitutional, or by parliament abolished, eventually become a dead letter.

So after the American civil war to the end of the 19th century during this period, despite the 14th amendment and congress of the Civil Rights Act, but both are the court's decision is no effect.So the whole of the 19th century the rights of the people of the United States in a vague state!

The third, from property rights to the personal right

(a) The Supreme Court's centre of gravity shift

As mentioned above, the end of the 19th century court focus completely on the property rights, so in the first 20 years of the 20th century, the state has not been changed.During this time the Supreme Court because of the influence of laissez-faire, using the due process clause that the federal government's many legislation aims to safeguard social stability and nullified.This approach greatly limit the federal government to exercise power, President Roosevelt eventually "reorganization court" plan is put forward.After the court began to give up the original theory of due process, announced that the federal government about the security of social welfare legislation is constitutional, and shifted the focus from the property rights to personal rights.This is Edward ?si ?g loewen described as a "limited constitution revolution".

(b) The two campaigns in the Supreme Court

The middle of the 20th century, the Supreme Court from two aspects, to strengthen the protection of personal rights.First of all, the Supreme Court "through an absorption process" the bill of rights of the rights promised in selectively introduced in the 14th amendment's due process clause, states also restricted because of the bill of rights.Although is only the "choice" to absorb, but after 25 years, expanding the court with a number of rights protected by the bill of rights, states with constraints.It is because the 14th amendment of the bill of rights, make those rights are the substantial content.

Another movement of the Supreme Court is to give the 14th amendment's equal protection clause to effectiveness, changed the past "separate but equal" attitude.During the second world war, the Supreme Court's attitude toward racial discrimination beginning to change, in 1944 the Supreme Court cancelled declared that "white superiority", limiting most southern blacks to participate in political activities.And the Supreme Court began to change views that isolate itself is a kind of inherent inequality, isolating itself constitutes a discrimination.Although the court did not overturn plessy v. Flo's case in 1896, but the attitude of the Supreme Court has begun to change, from the original "separate but equal" to now "isolation as inequality".

The fourth, the new development of rights

After the middle of the 20th century, the United States into the warren court period (1954 ~ 1969), the Supreme Court gives person takes precedence over property status, further strengthen the protection of personal right, the rights granted a broader meaning.This period of "brown v board of education" finally overthrew the principle of "separate but equal", then the Supreme Court will also extend to the citizens' political rights and of equal protection areas of criminal defendants.Equality has become one of the theme of the contemporary American law.

Congress makes the Civil Rights Act has two very similar period in our history, it is

after the civil war, one is after the second world war the fifties and sixties.But this period of the Civil Rights Act after the civil war period, the Civil Rights Act of congress than lucky, because they won the approval of the Supreme Court.And, by this time the Supreme Court ruled that congress legislation not only can constraint "state behavior", can also be constraints "personal".In order to better enforcement of laws against racial discrimination, states and cities have set up special administrative agencies to carry out anti-discrimination laws.The organization for human rights has become the United States government guarantee of individual rights and new tools, although can not fundamentally solve the problem of racial discrimination, but undoubtedly the establishment of human rights institutions can strengthen the effect of anti-discrimination laws.Can say the second half of the 20th century into the era of power expansion in the United States, because the American people have more and more new interests requires the government passed a law to give guarantee, so there are many new rights.Women have the same legal rights as men, people begin to get welfare legal rights, the right to privacy is also considered a constitution to protect personal rights of a component.In addition the environment right is also regarded as a legal rights of every citizen of the United States, more and more public participation in government decision-making about environmental problems.These new rights, new member of the bill of rights, their arrival was on the bill of rights is the development of the bill of rights.