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Encyclopedia > Constitutional rights

A constitutional right is a right granted by a government's constitution (on the national or sub-national level), and cannot be legally denied by that government. A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ...


Constitutional Rights in the United States

In the United States, the constitutional rights of persons derive primarily from the amendments to the US Constitution, known as the Bill of Rights. Persons may also have constitutional rights granted by the constitution of a state. Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Constitution of the United States is the supreme law of the United States of America and is... A bill of rights is a statement of certain rights which, under a societys laws, citizens and/or residents either have, want to have, or ought to have. ...


The provisions providing for rights under the Bill of Rights were originally binding upon only the federal government. In time, most of these provisions became binding upon the states through selective incorporation into the due process clause of the 14th Amendment. When a provision is made binding on a state, a state can no longer restrict the rights guaranteed in that provision. Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... The Fourteenth Amendment may refer to the: Fourteenth Amendment to the United States Constitution - contains the due process and equal protection clauses. ...


Examples of provisions made binding upon the states are the 6th amendment's guarantee of a right to confrontation of witnesses, known as the Confrontation Clause, and the various provisions of the 1st Amendment, guaranteeing the freedoms of speech, the press, religion, and assembly. The Confrontation Clause of Sixth Amendment to the United States Constitution provides in relevant part: In all criminal prosecutions, the accused shall enjoy the right to . ... The First Amendment may refer to the: First Amendment to the United States Constitution - part of the Bill of Rights. ...


However, some provisions in the Bill of Rights were not made binding upon the states and are only applicable to the Federal Government.


For example, the fifth amendment) grants the right to grand jury proceedings in federal criminal cases. However, because this right was not selectively incorporated into the due process clause of the 14th amendment, it is not binding upon the states. Therefore, persons involved in state criminal proceedings as a defendant have no federal constitutional right to grand jury proceedings. Whether an individual has a right to a grand jury becomes a question of state law. Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... A grand jury is a type of common law jury responsible for investigating alleged crimes, examining evidence, and issuing indictments if they believe that there is enough evidence for a trial to proceed. ...


Other Legal Rights in the US

Not all legal rights derive from the constitution. For example, federal law in the United States allows the use of consumer fireworks, but this right is not a constitutional right, and state and local governments may prohibit them. Fourth of July fireworks in San Diego, California New Years Day fireworks at Seaport Village, California Preparing firework at Sayn Castle A firework is classified as low explosive pyrotechnic device used primarily for aesthetic and entertainment purposes. ...

See also: federalism

Federalism is the idea of a group or body of members that are bound together (latin: foedus, covenant) with a governing representative head. ...

See also


  Results from FactBites:
 
Liberty Library of Constitutional Classics (3707 words)
Constitutions of Clarendon (1164) — Established rights of laymen and the church in England.
The Rights of the Colonists, Samuel Adams (1772) — The Report of the Committee of Correspondence to the Boston Town Meeting.
The American Republic: its Constitution, Tendencies, and Destiny, O. Brownson (1866) — Argument against secession, distinguishes the constitution of government from the underlying constitution of the society, and territorial from socialistic or egoistic democracy.
Constitutional Right to Be a Parent (1565 words)
Parent's right to custody of child is a right encompassed within protection of this amendment which may not be interfered with under guise of protecting public interest by legislative action which is arbitrary or without reasonable relation to some purpose within competency of state to effect.
Father enjoys the right to associate with his children which is guaranteed by this amendment (First) as incorporated in Amendment 14, or which is embodied in the concept of "liberty" as that word is used in the Due Process Clause of the 14th Amendment and Equal Protection Clause of the 14th Amendment.
A parent's right to the custody of his or her children is an element of "liberty" guaranteed by the 5th Amendment and the 14th Amendment of the United States Constitution.
  More results at FactBites »


 
 

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