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Bill of Rights

Subject: Law

(1791) The first ten amendments to the Constitution of the USA. The constitutional arrangements of 1787 were assumed to guarantee human and civil rights, but omission of specific ...

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A Dictionary of Law (9 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
289 words

...bill of rights A formal document that sets out the fundamental or most important rights of the citizens or residents of a country. The English Bill of Rights of 1689 , for example, set out a number of such rights, including freedom of speech for Parliament and the prohibition of cruel and unusual punishments. A bill of rights is often part of the constitution of the state and gives courts (sometimes only the supreme court) the power to enforce compliance with such rights. In the USA the Supreme Court can even strike down legislation if it does not comply...

Bill of Rights

Bill of Rights (1791)   Quick reference

A Dictionary of World History (3 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
History
Length:
120 words

... of Rights ( 1791 ) The first ten amendments to the Constitution of the USA . The constitutional arrangements of 1787 were assumed to guarantee human and civil rights, but omission of specific rights led to criticism. To prevent this issue jeopardizing ratification, a Bill of Rights was adopted in 1791 . Based on features of the English Bill of Rights ( 1689 ) and common law principles, it guaranteed freedom of speech, press, worship, assembly, and petition (the first amendment). US citizens had the right to speedy and fair trial, reasonable bail,...

Bill of Rights

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A Dictionary of British History (3 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
History, Regional and National History
Length:
124 words

... of Rights Passed by Parliament in December 1689 this gave statutory force to the Declaration of Rights presented to William and Mary on 13 February 1689 . The bill closely followed the declaration in its recital of ancient rights, and the recent abuses of the royal prerogative by the catholic James II, deemed to have abdicated and hence vacated the throne. The succession was stated to lie in the heirs of the protestant Mary, and then her younger sister Anne. None could succeed who were of the catholic faith, or had married catholics. In the early...

Bill Of Rights

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Encyclopedia of the Enlightenment

Reference type:
Subject Reference
Current Version:
2005
Subject:
History, modern history (1700 to 1945)
Length:
677 words

...London, 1998. A close textual analysis of the Bill of Rights, emphasizing its relation to basic values of federalism rather than its protection of individual rights. Conley, Patrick T. , and John P. Kaminski , eds. The Bill of Rights and the States: The Colonial and Revolutionary Origins of American Liberties . Madison, Wis., 1992. A collection of essays assessing traditions of protecting rights within each of the thirteen original states. Lacey, Michael J. , and Knud Haakonssen . A Culture of Rights: The Bill of Rights in Philosophy, Politics, and Law, 1791...

Bill of Rights

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John P. Kaminski

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
1,417 words

...to apply the federal Bill of Rights to restrict the powers of state and local governments (the doctrine of incorporation). How far this incorporation extends the Bill of Rights is still a matter of debate. Certain of the amendments in the Bill of Rights have proven particularly contentious and have generated much litigation, judicial interpretation, and public discussion. The First Amendment’s ban on an “establishment of religion,” coupled with its prohibition against any restrictions on the “free exercise” of religion, has been the basis of many court...

Bill of Rights

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John P. Kaminski

The Oxford Companion to United States History

Reference type:
Subject Reference
Current Version:
2004
Subject:
History, Regional and National History
Length:
1,406 words

...Brant , The Bill of Rights: Its Origin and Meaning , 1967. Paul L. Murphy , The Historic Background of the Bill of Rights , 1990. Kermit L. Hall , ed., By and For the People: Constitutional Rights in American History , 1991. Bernard Schwartz , The Great Rights of Mankind: A History of the American Bill of Rights , Expanded Edition, 1992. Patrick T. Conley and John P. Kaminski , eds., The Bill of Rights and the States: The Colonial and Revolutionary Origins of American Liberties , 1992. Leonard W. Levy , Origins of the Bill of Rights , 1999. John P....

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David Mervin

A Concise Oxford Dictionary of Politics and International Relations (4 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Social sciences, Politics
Length:
632 words

... of rights A statement of the privileges, immunities, and authorities to act that may be legally and morally claimed by the citizens of a state within the bounds of reason, truth, and the accepted standards of behaviour. Written constitutions normally include clauses designed to protect fundamental human rights against encroachment by the state. In France this was the purpose of the Declaration of the Rights of Man of 1789 and the Preamble to the Constitution of 1946 , both of which were incorporated in the Constitution of the Fifth Republic of 1958 . The...

Bill of Rights

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Howard Schweber

The Bloomsbury Encyclopedia of the American Enlightenment

Reference type:
Subject Reference
Current Version:
2015

...and in the case of the Bill of Rights many scholars argue that no amendment is possible at all short of abandoning the Constitution entirely. The Bill of Rights that was adopted in 1791 was not the first American attempt to codify a set of liberties that would restrict the exercise of government powers. Early American models included the Massachusetts Body of Liberties of 1641 , which contains guarantees of religious freedoms and rights of conscience (albeit within strict limits), and various declarations of rights adopted in 1776 , as well as the...

Bill of Rights

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The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
2,242 words

...Bill of Rights, comprising the first ten amendments added to the US Constitution in 1791—originally intended only to limit the powers of the federal government, but in 1868 effectively extended by the Fourteenth Amendment to state powers as well. Far more pervasive in Australian law than the presence of the 1688 UK Bill of Rights is the absence of any equivalent to the 1791 US Bill of Rights. Though following much of the American model—and despite the powerful advocacy of Inglis Clark —the Australian drafters deliberately rejected any systematic Bill of...

Bill of Rights

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Henry J. Abraham and John J. Patrick

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
2,016 words

... of Rights The Bill of Rights is commonly viewed as consisting of the first ten articles of Amendments to the Constitution of the United States of America. But it is the specific guarantees of individual liberties in the first eight amendments that the public normally regards as the Bill of Rights. The Ninth and Tenth Amendments provide generally that rights not specified and powers not delegated to the federal government in the Constitution will remain with the people and the states. Origin of the Bill of Rights Comprising a mere 413 words, the Bill of...

Bill of Rights

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The Oxford Companion to Politics of the World (2 ed.)

Reference type:
Subject Reference
Current Version:
2004
Subject:
Social sciences, Politics
Length:
1,180 words

...and down to 1925 when a process of “nationalization” gradually began that has brought protection against invasion by the states of most of the rights listed and of a number only implied by (or “penumbral” to) the rights specified. The philosophical foundation of the Bill of Rights is set forth in the Declaration of Independence's first sentences, especially the announcement of “certain unalienable rights” grounded in the “laws of nature and nature's God.” The effectiveness of the provisions of the Bill of Rights in protecting fundamental personal...

Bill of Rights

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The Oxford Companion to American Literature (6 ed.)

Reference type:
Subject Reference
Current Version:
2004
Subject:
Literature
Length:
72 words

... of Rights , the first ten amendments to the U.S. Constitution , passed in 1791 , were framed largely by Madison , Patrick Henry , and R.H. Lee . Their main guarantees are the freedom of worship, of speech, of press, of assembly, of petition for redress of grievances, and against being deprived of life, liberty, or property without “due process of law.” An important source was the Virginia Declaration of Rights ( 1776 ), framed by George Mason...

Bill of Rights

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Ellis Sandoz

The Oxford Companion to Comparative Politics

Reference type:
Subject Reference
Current Version:
2012
Subject:
Social sciences, Politics
Length:
1,210 words

...and down to 1925 , when a process of “nationalization” gradually began that has brought protection against invasion by the states of most of the rights listed and of a number only implied by (or “penumbral” to) the rights specified. The philosophical foundation of the Bill of Rights is set forth in the Declaration of Independence's first sentences, especially the announcement of “certain unalienable rights” grounded in the “laws of nature and nature's God.” The effectiveness of the provisions of the Bill of Rights in protecting fundamental personal...

Bill of Rights

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Ellis Sandoz

The Oxford Companion to American Politics

Reference type:
Subject Reference
Current Version:
2012
Subject:
Social sciences, Politics, Regional and Area Studies
Length:
1,224 words

...and down to 1925 , when a process of “nationalization” gradually began that has brought protection against invasion by the states of most of the rights listed and of a number only implied by (or “penumbral” to) the rights specified. The philosophical foundation of the Bill of Rights is set forth in the Declaration of Independence’s first sentences, especially the announcement of “certain unalienable rights” grounded in the “laws of nature and nature’s God.” The effectiveness of the provisions of the Bill of Rights in protecting fundamental personal...

Bill of Rights

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World Encyclopedia

Reference type:
Subject Reference
Current Version:
2004
Subject:
Encyclopedias
Length:
80 words

... of Rights Name given to the first ten amendments to the Constitution of the United States , ratified in 1791 . Several states had agreed to ratify the Constitution ( 1787 ) only after George Washington promised to add such a list of liberties. The main rights confirmed were: freedom of worship, of speech, of the press, and of assembly; the right to bear arms; freedom from unreasonable search and seizure; the right to a speedy trial by jury; and protection from...

Bill of Rights

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The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
1,633 words

... of Rights A major accomplishment of the 1st Congress was the drafting of the first 10 amendments to the Constitution, known as the Bill of Rights, which sets limits on the power of government in order to protect the liberties and rights of individuals from the government's abuse of its power. Creation of the Bill of Rights “[A] Bill of Rights is what the people are entitled to against every government on earth, general or particular [that is, federal or state], and what no just government should refuse, or rest on inference,” wrote Thomas Jefferson to ...

Bill of Rights

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David Denis Aldridge

The Oxford Companion to British History (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
History, Regional and National History
Length:
193 words

... of Rights . Passed by Parliament in December 1689 this gave statutory force to the Declaration of Rights presented to William and Mary on 13 February 1689 , and agreed by them after they had jointly accepted the crown of Great Britain. The bill closely followed the declaration in its recital of ancient rights, and the recent abuses of the royal prerogative by the catholic James II , deemed to have abdicated and hence vacated the throne. The question of any contractual character the crown might possess was skirted. The succession was now stated to...

Bill of Rights

Bill of Rights (1689)   Quick reference

A Dictionary of World History (3 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
History
Length:
140 words

... of Rights ( 1689 ) A declaration and Act of Parliament stating the conditions upon which William III and Mary were to become joint sovereigns of England, Scotland, and Ireland. Its major provisions were that the king could not levy taxes without the consent of Parliament, that he no longer had the power to suspend or dispense with the laws, and that there was to be no peacetime standing army without Parliament’s consent. These terms dealt with issues that had been raised by the actions of James II and were seen as a guarantee of Englishmen’s...

Bill of Rights

Bill of Rights (1689)   Quick reference

World Encyclopedia

Reference type:
Subject Reference
Current Version:
2004
Subject:
Encyclopedias
Length:
77 words

... of Rights ( 1689 ) British statute enshrining the constitutional principles won during the Glorious Revolution . It confirmed the abdication of James II and bestowed the throne on William III and Mary II . It excluded Roman Catholics from the succession and outlawed some of James' abuses of the royal prerogative, such as manipulation of the legal system and use of a standing army. In general, its provisions hastened the trend towards the supremacy of Parliament over the...

Bill of Rights

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The Oxford Dictionary of American Quotations (2 ed.)

Reference type:
Quotation
Current Version:
2008
Subject:
Quotations
Length:
517 words

...Bill of Rights The Bill of Rights: Amendment 1 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. The Bill of Rights: Amendment 2 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. The Bill of Rights: Amendment 3 No soldier shall, in time of...

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