THE U.S.A.
Whatever the thirteenth century English nobles intended, Magna Carta established the right to personal liberty for all Englishmen, and the charter is probably regarded with more respect in the United States than in this country.
Nonetheless, the American Declaration of Independence of 1776 developed the concept of fundamental rights in declaring all men equal, with inalienable rights to life, liberty and the pursuit of happiness, to secure which government is instituted with die consent of the governed; if the government violates these rights, the people have the right to abolish it and establish a new government. If, after this, we find the American Bill of Rights somewhat prosaic and question the right to pursue happiness, we can see in later formulations of human rights the fruits of this concept in restrictions on sovereignty designed to remove some of the causes of human misery. And we have now reached the stage in the world’s constitutional history when the main beneficiaries of constitution-making are not the nobles but the bourgeoisie.The Founding Fathers of the United States had enough on their hands to reconcile the people to the Constitution of 1787 without encumbering themselves with a Bill of Rights; and the amendments of 1791 consists, for the most part, pf restrictions on the federal power. It is Congress that is prohibited from establishing a religion or prohibiting its free exercise, of abridging freedom of speech and assembly, or infringing the right of the people to bear arms. Billeting of soldiers in peace-time is forbidden. The right of the people to be secure in their persons, houses, papers and effects must not be violated. Warrants may only issue if supported by oath and affirmation, and must specify the place to be searched and the thing to be searched for. No person may be tried for a heinous crime except on indictment by a grand jury; no person shall be subject to double jeopardy, or be compelled to be a witness against himself; and an accused is entitled to trial by an impartial jury from the district in which the offence is alleged to have been committed, to be informed of the nature of the charge, to be confronted with the prosecution witnesses, to compulsory process for his own witnesses and to be defended by counsel.
No person may be deprived of life, liberty or property except by due process of law; property may not be taken for public use except on payment of just compensation; excessive bail and fines, and cruel and unusual punishments, are forbidden. It was not until 1868, after the War of Secession, that slavery was forbidden, and three years later the States were forbidden to abridge the immunities of citizens, to deprive persons of life, liberty or property without due process, or to deny equal protection of the laws—Congress being empowered to make laws to enforce these rights. The right of rebellion, recognized in Magna Carta and the Declaration of Independence, was, in effect, negatived by a provision that no State should finance rebellion against the United States.