| |
| |
THE BILL OF RIGHTS AND THE RIGHTS OF MAN
Two historic declarations of human rights were approved in the summer and fall of 1789, less than a month apart -- France's Declaration of the Rights of Man and the Citizen on August 26, and America's Bill of Rights on September 25. Both drew upon the doctrine of natural rights and other philosophical wellsprings of the Enlightenment at a time when French and American attitudes were close and compatible. But their paths were soon to diverge.
The early Franco-American relationship was complex and not without ironies. At the time of the American Revolution in 1776, France was both the center of Enlightenment thought and home to Europe's most powerful monarchy, the Bourbons, with its resplendent court at Versailles. France nevertheless forged a military alliance with the rebellious American colonies to defeat their mutual enemy, Great Britain. For French critics of the Old Regime, America came to represent, accurately or not, their Enlightenment ideal of freedom from censorship, natural rights, and the rational reform of government.
A decade later, Americans eagerly supported the opening phase of the French Revolution -- the convening of the Estates General, the storming of the Bastille, and the creation of a National Assembly. But the cheering stopped with the execution of Louis XVI and the coming of the Reign of Terror. The conservative Federalist government in Washington was appalled at the violence: "Dragon's teeth have been sown in France and came up monsters," observed the second U.S. president, John Adams.
The emerging political opposition in the United States, however, led by Thomas Jefferson, continued to support French republicanism. "Here is but the chapter of the history of European liberty," wrote Jefferson. The earlier idealization of America by French reformers and revolutionaries had been transformed into the idealization of France by American republicans in the 1790s.
In a letter to Jefferson, the French Enlightenment figure Mme. d'Houdetot wrote: "The characteristic difference between your revolution and ours is that having nothing to destroy, you had nothing to injure." Their revolutions may have differed dramatically, but in the Bill of Rights and the Declaration of the Rights of Man, France and America produced enduring affirmations of individual rights that have resounded through the years -- from the Polish constitution signed on May 3, 1791, to national constitutions being drafted today.
THE BILL OF RIGHTS
The First 10 Amendments to the
Constitution as Ratified by the States
December 15, 1791 Preamble
Congress OF THE United States
begun and held at the City of New York, on Wednesday
the Fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.:
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution. 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 have 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 witnesses 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.
|
|
|
|
|
The U. S. Constitution
