Elements of Civil Government / A Text-Book for Use in Public Schools, High Schools and Normal Schools and a Manual of Reference for Teachers

by Alexander L. Peterman

BILL OF RIGHTS.

The bill of rights usually declares various rights of the citizen which may be classified under the heads of republican principles, personal security, private property, freedom of conscience, freedom of speech and of the press, freedom of assembly, and freedom from military tyranny.

REPUBLICAN PRINCIPLES.--Under this head the bill declares:

That all power is inherent in the people;

That governments exist for their good, and by their consent;

That all freemen are equal;

That no title of nobility shall be conferred;

That exclusive privileges shall not be granted except in consideration of public services;

That all elections shall be free and equal.

PERSONAL SECURITY.--In the interests of the personal security of the citizen it is provided:

That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures and searches;

That warrants to seize and to search persons and things must describe them by oath or affirmation;

That there shall be no imprisonment for debt, except in cases of fraud.

PRIVATE PROPERTY.--To secure the rights of private property, the bill declares:

That private property shall not be taken for public use without just compensation;

And, in some States, that long leases of agricultural lands shall not be made.

FREEDOM OF CONSCIENCE.--To induce the entire freedom of conscience of the citizen it is declared:

That there shall be perfect religious freedom, but not covering immoral practices;

That there shall be no State church;

That no religious test shall be required for performing any public function;

That the rights of conscience are free from human control.

FREEDOM OF SPEECH AND OF THE PRESS.--To maintain the rightful freedom of the press, the bill guarantees:

That printing-presses may be used by all;

That every citizen may freely speak, write, and print upon any subject--being responsible for the abuse of the right.

FREEDOM OF ASSEMBLY.--The right of assembly is secured by the provision:

That the people may peaceably assemble for the public good, to discuss questions of public interest; and

That they may petition the government for redress of grievances.

FREEDOM FROM MILITARY TYRANNY.--To guard against abuses by the military, it is declared:

That the military shall be in strict subordination to the civil power;

That no standing army shall be maintained in time of peace;

That in time of peace no soldier shall be quartered in any house without the owner's consent;

That the right of people to bear arms shall not be questioned. This does not authorize the carrying of concealed weapons.

FORBIDDEN LAWS.--To insure the people against improper legislation, the bill of rights provides:

That no ex post facto law or law impairing the validity of contracts, shall be made;

That no bill of attainder shall be passed;

That no power of suspending laws shall be exercised except by the legislature.

RIGHTS OF THE ACCUSED.--Among the worst abuses of tyranny in all ages have been the corruption of the courts and the denial of the rights of common justice. To guard against these it is expressly provided:

That the writ of habeas corpus shall not be suspended except when, in cases of rebellion or invasion, the public safety may require it;

That, except in capital cases, persons charged with crime may give bail;

That no excessive bail shall be required;

That all courts shall be open;

That the accused shall have a speedy trial in the district in which the offense was committed;

That the ancient mode of trial by jury shall be maintained; but civil suits, by consent of the parties, may be tried without a jury;

That all persons injured in lands, goods, person, or reputation shall have remedy by course of law;

That the accused shall be informed of the nature of the charges against him;

That he shall be confronted by the witnesses against him;

That he shall be heard in his own defense, and may have the benefit of counsel;

That he shall not be required to testify against himself;

That he shall not be deprived of life, liberty, or property except by due process of law;

That no cruel or unusual punishment shall be inflicted;

That no one shall be twice placed in jeopardy for the same offense.

No citizen of the United States would deny the justice of these declarations. They are so reasonable it seems strange that they should ever have been questioned. "But in enumerating them we are treading on sacred ground. Their establishment cost our ancestors hundreds of years of struggle against arbitrary power, in which they gave their blood and treasure."[2]

It was to secure and maintain a part of these rights that the American colonies went to war with Great Britain, and made good their Declaration of Independence by an appeal to arms.

Most of these rights are preserved in the Constitution of the United States, to prevent encroachments upon the liberties of the people by the General Government. They are repeated in the State constitution in order that they may not be invaded by the State Government. There is also a provision in the constitution of the State which declares that "the enumeration of certain rights shall not be construed to deny or disparage others retained by the people."

[1]Popular education must command the sympathy and respect of the people in each locality in order to remain "popular." While the State, therefore, enforces a general system of public schools, it leaves all the details of local management with the people most closely related to the particular school. The people esteem that which they create and control.

[2]McCleary's Studies in Civics.