Simone Lawson
The Universal Declaration of Human Rights (UDHR) and the US Constitution were both born out of the aftermath of World War II and the US Revolutionary War, respectively. While they differ in scope and application, they share a commitment to protecting fundamental human rights. The UDHR seeks to define an exhaustive list of rights that all countries should uphold, while the US Constitution, particularly the Bill of Rights, safeguards civil and political rights, including freedom of speech, religion, and the right to bear arms. The US Constitution also guarantees other rights, such as due process, equal protection, and the right to a fair trial. However, it has been criticised for not explicitly mentioning certain rights, such as the right to education. This comparison highlights the interplay between human rights and constitutional amendments, with the Constitution serving as a vehicle to protect and advance human rights in the United States.
| Characteristics | Values |
|---|---|
| Freedom of religion | First Amendment |
| Freedom of speech | First Amendment |
| Freedom of the press | First Amendment |
| Freedom of assembly | First Amendment |
| Right to keep and bear arms | Second Amendment |
| Restrictions on housing soldiers in private homes | Third Amendment |
| Protection against unreasonable search and seizure | Fourth Amendment |
| Protection against self-incrimination, double jeopardy, and seizure of property | Fifth Amendment |
| Right to a trial by jury | Seventh Amendment |
| Prohibition of excessive bail, fines, and cruel and unusual punishments | Eighth Amendment |
| Recognition of rights not explicitly listed in the Constitution | Ninth Amendment |
| Limitation of federal government powers to those delegated in the Constitution | Tenth Amendment |
| Right to due process and equal protection | Fourteenth Amendment |
| Right to education | Interpreted from Fourteenth Amendment |
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What You'll Learn
- Freedom of religion, speech, press and assembly (First Amendment)
- Right to keep and bear arms (Second Amendment)
- No housing of soldiers in private homes (Third Amendment)
- Protection from unreasonable search and seizure (Fourth Amendment)
- Right to due process, trial by jury, and no self-incrimination (Fifth Amendment)
Freedom of religion, speech, press and assembly (First Amendment)
The First Amendment to the US Constitution, part of the Bill of Rights, includes the fundamental right to freedom of religion, speech, press, and assembly. These freedoms are also considered natural rights and human rights, and are protected in the Universal Declaration of Human Rights (UDHR).
The First Amendment states that "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." This amendment was passed by Congress on September 25, 1789, and ratified on December 15, 1791.
The right to freedom of religion is about the ability to worship freely, without government interference. It also means that Congress cannot establish an official religion or favour one religion over another. Freedom of speech and press are closely related and encompass the right to express oneself openly without fear of government censorship or punishment. These rights are essential for a well-functioning democracy, allowing for the free flow of information, ideas, and opinions.
The right to assemble is about the ability of people to gather peacefully for a common purpose, such as protesting or demonstrating. This right is crucial for civic engagement and allows people to collectively express their views and influence government decisions. These rights were established to limit government power and protect individual liberties, ensuring that the government could not infringe upon the natural rights of its citizens.
The UDHR, created after World War II, and the US Constitution, born out of the Revolutionary War, both articulate core principles of human rights. While they differ in purpose, scope, and application, they share a commitment to protecting fundamental freedoms and ensuring that all people are treated with dignity and respect, regardless of their nationality or citizenship status.
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Right to keep and bear arms (Second Amendment)
The Second Amendment to the US Constitution, also known as "the right to keep and bear arms", has been a subject of considerable debate and has undergone a shift in purpose since its ratification on December 15, 1791. The amendment states:
> "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 interpretation of this amendment has been a topic of discussion among legal scholars and activists. On one hand, supporters of the individual right theory argue that the amendment grants citizens an individual constitutional right to possess firearms. They believe that the phrase "the right of the people to keep and bear Arms" indicates that legislative bodies are restricted from prohibiting firearm possession.
On the other hand, proponents of the collective rights theory argue that citizens do not have an individual right to possess firearms. They point to the prefatory language "a well-regulated Militia" to support their argument that the amendment was intended to restrict Congress from legislating away a state's right to self-defence, rather than guaranteeing an individual right to gun ownership.
The Second Amendment originally applied only to the federal government. However, in 2008, the landmark Supreme Court decision in District of Columbia v. Heller asserted that the Second Amendment protected the right of all individual citizens to keep and bear arms for self-defence, not just for a state-run militia. This decision further strengthened Second Amendment protections, with the Court citing the intentions of the framers and ratifiers of the Fourteenth Amendment.
The right for citizens to possess weapons for self-defence and protection of their rights and property is a concept that predates the US Constitution. The English Bill of Rights of 1689 allowed Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." This right was later described by Sir William Blackstone as an "auxiliary right", supporting core rights such as self-defence and resistance to oppression.
Despite the strong legal framework provided by the US Constitution and its amendments, the history of human rights in the US has been characterised by a struggle between progressive expansion of rights and reactionary forces seeking to limit them. The Second Amendment is a key example of this ongoing debate, with courts and legal scholars continuing to interpret and redefine the scope of this right.
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No housing of soldiers in private homes (Third Amendment)
The US Constitution and the Universal Declaration of Human Rights (UDHR) both outline and protect fundamental human rights. The UDHR was created to articulate and define an exhaustive list of fundamental human rights that all countries should work to protect and uphold. Similarly, the US Constitution also protects civil and political rights, with the first ten amendments, known as the Bill of Rights, outlining and safeguarding these rights.
The Third Amendment to the US Constitution states: "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law." This amendment ensures that the government cannot force homeowners to allow soldiers to use their homes without their consent, even during wartime. This amendment upholds the right to privacy and property for citizens, protecting them from unreasonable government intrusion.
The Third Amendment is a clear example of the Constitution safeguarding individual liberties and limiting government power. It was added to address the concerns of Anti-Federalists, who wanted power to remain with state and local governments, and to protect the rights of citizens. This amendment ensures citizens' control over their private property, even in times of national emergency or war.
The Third Amendment also reinforces the right to privacy, which is not explicitly mentioned in the Constitution but is implied through amendments such as the Third and Fourth. The right to privacy is a fundamental human right and is essential for maintaining personal autonomy and freedom from government intrusion. By prohibiting the government from housing soldiers in private homes without consent, the Third Amendment helps maintain citizens' privacy and autonomy.
In conclusion, the Third Amendment to the US Constitution, which prohibits the housing of soldiers in private homes without owner consent, is an important safeguard of citizens' rights. It upholds the rights to privacy and property, limits government power, and ensures citizens' control over their homes, even during times of war. This amendment demonstrates the Constitution's role in protecting fundamental human rights and liberties.
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Protection from unreasonable search and seizure (Fourth Amendment)
The Fourth Amendment to the United States Constitution protects citizens from "unreasonable searches and seizures" by the government. This means that police officers typically cannot search a person, their home, or their property without a warrant or probable cause. The Fourth Amendment also applies to arrests and the collection of evidence.
The Fourth Amendment was added to the Constitution to limit government power and protect individual liberties. It reflects the Framers' intent to avoid the unjust searches and seizures they experienced under English rule. The Amendment ensures that citizens have the "full enjoyment of the rights of personal security, personal liberty, and private property".
However, the Fourth Amendment does not prohibit all searches and seizures, only those deemed unreasonable under the law. The determination of reasonableness involves balancing the protection of individual rights with legitimate government interests, such as public safety. For example, an officer may conduct a traffic stop if they have a reasonable suspicion that a traffic violation or criminal activity has occurred. Similarly, school officials can search a student under their authority without a warrant, as long as the search is reasonable under the circumstances.
The Supreme Court has grappled with the interpretation of "reasonable" under the Fourth Amendment for over two centuries, and technological advancements have further complicated this question. For instance, in Katz v. United States (1967), the Supreme Court ruled that installing a wiretap without a warrant constituted a search under the Fourth Amendment, introducing the concept of a "reasonable expectation of privacy". In another case, Mapp v. Ohio (1961), the Court held that evidence obtained in violation of the Fourth Amendment, without a proper warrant, is inadmissible in state courts.
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Right to due process, trial by jury, and no self-incrimination (Fifth Amendment)
The Fifth Amendment to the US Constitution contains a number of provisions relating to human rights. These include the right to due process, the right to trial by jury, and the protection against self-incrimination.
The right to due process, guaranteed by the Fifth Amendment, means that the government must respect all legal rights, guarantees, and protections provided by the US Constitution and applicable laws before depriving any person of life, liberty, or property. This right applies to all persons within the country, including non-citizens, under the Fourteenth Amendment.
The Fifth Amendment also protects the right to trial by jury. In civil cases at common law, where the value in controversy exceeds twenty dollars, the right to a trial by jury is preserved. This means that any facts tried by a jury cannot be re-examined by another court, except according to the rules of common law.
Additionally, the Fifth Amendment includes the protection against self-incrimination. This means that no person can be compelled to testify or provide evidence in a criminal case if it may incriminate them. This right also applies outside of the courtroom in situations involving the curtailment of personal freedom, such as when a suspect is taken into custody by law enforcement. In such cases, law enforcement must inform the suspect of their Miranda rights, including the right to remain silent and the right to an attorney. If law enforcement fails to honour these rights, any statements made by the suspect may be suppressed as a violation of the Fifth Amendment.
The Fifth Amendment, along with the other nine amendments in the Bill of Rights, was added to the Constitution to limit government power and protect individual liberties. These amendments outline specific rights and freedoms, such as freedom of speech, religion, and the right to bear arms, while also establishing checks and balances on government power.
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Frequently asked questions
The UDHR is a universal document that applies to all people, regardless of nationality, race, or religion, and outlines 30 distinct rights, including the right to education and work. On the other hand, the US Constitution primarily focuses on the rights of citizens, such as the right to bear arms and fair trial, and the relationship between the government and its citizens.
The US Constitution's 5th and 14th Amendments extend fundamental rights, including due process and equal protection, to all persons, regardless of citizenship. These amendments echo the UDHR's principle that everyone has the right to be recognised as a person before the law.
The first ten amendments to the US Constitution, known as the Bill of Rights, outline fundamental freedoms and rights. These include the First Amendment, protecting freedom of religion, speech, press, and assembly, and the Second Amendment, protecting the right to bear arms. The Reconstruction Amendments abolished slavery, provided equal citizenship, and secured the right to vote regardless of race.
Human rights advocates recognise the US Constitution as a vehicle to protect and advance human rights. They emphasise that the Constitution should not be used by powerful forces to undermine human rights and that it should be a force for progress.
