Law & Legal & Attorney Wills & trusts

About Individuals Rights

    The Bill of Rights

    • The greatest source of individual rights comes from the first 10 amendments to the Constitution. The first 10 amendments were all adopted at the same time, and they are collectively referred to as the Bill of Rights. Included in the Bill of Rights is the freedom of religion, free speech, the right to petition the government and to assemble, the freedom of the press, the right to bear arms, freedom from unreasonable search and seizure, the right to a jury trial, the right to due process of law and freedom from cruel and unusual punishment.

    Other Significant Constitutional Amendments

    • Beyond the Bill of Rights, numerous other individual rights have been protected by amending the Constitution. The 13th Amendment, for example, abolished slavery, while the 14th and 15th amendments provided rights that were intended to rid society of the lingering effects of slavery, including the right to the privileges and immunities of the state, the right to due process and equal protection of the law, and freedom from racial discrimination in voting. The 19th Amendment granted women the right to vote.

    The Role of Congress

    • Congress has enacted several statutes designed to protect our individual rights that are guaranteed by the Constitution. For example, Section 1983 actions are authorized by statute. A Section 1983 action allows you to bring a claim for damages against state governments that deny you your individual rights guaranteed by the Constitution. Numerous other federal statutes exist that are designed to enforce and protect individual rights.

    The Role of Courts

    • U.S. courts, in particular the U.S. Supreme Court, play a significant role in determining the full extent of our individual constitutional rights. The Supreme Court is the final authority on all matters of federal law, including interpretation and application of the Constitution. It was the Supreme Court, for example, that ended the "separate but equal" doctrine that allowed segregation based on race. And it was the Supreme Court that ruled women have at least a limited right to abortion. And it was the Supreme Court that ruled the right to bear arms is a fundamental right guaranteed by our Constitution.

    The Role of the President

    • The president of the United States is the chief law enforcement officer and the supreme commander of the military. As the leader of the military, the president must exercise restraint so as not to impinge on individual rights. The president also has a duty to uphold and defend the Constitution. The president is the physical protector of your individual constitutional rights.

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