Declaration of the American rights

Declaration of the American rights

Taking as a starting point three fundamental texts  —the Large Charter, the Petition of right, and the American Declaration of the rights of 1774 — and indicating the first ten amendments of the Constitution of the United States, the Declaration of the rights (or  Bill of Rights) guarantees the safeguard of the individual rights against any attempt of ascribable restriction on the federal government, by ensuring the intangibility of the existing rights.

The Bill of Rights  or the first ten amendments with the Constitution of the United States (1791)

Article the first —Congress will not make any law which touches the establishment or prohibits the free exercise of a religion, nor which restricts the freedom of the word or the press, or the right which have the people to be assembled peacefully and to address petitions to the government for the rectification of its objections.

Art. 2 —a well ordered militia being necessary to the safety of a free State, the right which have the people to hold and to carry weapons will not be violated.

Art. 3 —No soldier will be, in time of peace, placed in a house without the assent of the owner, nor in times of war, if it is not in the way prescribed by the law.

Art. 4 —the civil right to be guaranteed in their person, residence, papers and effects, counters the searchings and unreasonable seizures will not be violated, and no mandate will be delivered, if it is not on probable cause, corroborated by oath or assertion, nor without it particularly describing the place to excavate and people or things to be seized.

Art. 5 —No one will not be put in judgement for a capital or differently defamatory crime, if it is not on declaration of committal for trial  (presentment)  or bill of indictment  (indictment)  presented by a large jury, except for the cases occurring in the sea or Army, or in the militia, when this one is in activity of service in times of war or public menace. No one will not be put twice in danger of life or member for same offence. No one will not be held to testify against itself in a criminal business. No one will not be private of life, freedom or property without regular legal procedure. Null private property will not be taken for public use without right allowance.

Art. 6 —In all the criminal continuations, the defendant will have the right to be judged promptly and publicly by an impartial jury of the State and district where the crime will have been committed  —the district having been beforehand delimited by the law — to be informed of the nature and the cause of the charge, to be confronted with the witnesses for the prosecution, to require by legal means the appearance of witnesses for the defence, and to be assisted by a council for its defense.

Art. 7 —In the lawsuits of common law  (common law)  where the value in litigation will exceed twenty dollars, right to the judgement by jury will be observed, and no fact judged by a jury will be examined again in a court of the United States differently than according to rules' of the "common law".

Art. 8 —Of the excessive guarantees will be required, neither of the imposed excessive fines, nor of the cruel and uncommon punishments inflicted.

Art. 9 —the enumeration, in the Constitution, certain rights will not be interpreted like denying or depreciating the other rights which the people would have retained.

Art. the 10 —powers which are not delegated to the United States by the Constitution, nor refused by it in the States, are reserved for the States respectively, or to the people.

Source:  The United States of America, a government by the people,  State Department, booklet resulting from the Naturalization and Immigration department from the Department of Justice, the United States.

Declaration of the rights (the United States)

Declaration of the rights (the United States), name given to the first ten amendments of the Constitution of the United States.

The first ten amendments guarantee the safeguard of the individual rights against any attempt of ascribable restriction on the federal government and ensure the intangibility of the existing rights. These provisions find their origin in three fundamental texts: the Large Charter, the Petition of right, and the American Declaration of the rights of 1774.

Virginia, in 1776, then Massachusetts, in 1780, had included declarations of rights in their constitutions of origin; these two States, joined by those of New York and Pennsylvania, refused to ratify the new Constitution as long as this one had not been amended in the direction of the protection of the individuals. In 1790, the Congress submitted twelve amendments to the vote of the States; ten of them were adopted in 1791, and form articles 1 to 10 of the Constitution of the United States.