Fundamental rights are those rights, which are provided to people against abuses of powers and unfair damages so as to create pleasant and healthy atmosphere for the people. According to concept of popular sovereignty, rule is by the people and for the people. To incorporate this concept into itself, American Constitution has provided some fundamental rights to the Americans.
2. Fundamentals rights Guaranteed in U.S constitution
These can be discussed under the following
A. Rights to Person: (Personal Rights)
i. Right to life
Under American constitution, every American possesses right to life. Through this right, everyone has control over his body and his body cannot be damaged. Existence of this right is very necessary for preservation of other rights.
ii. Rights to personal freedom
The U.S constitution grants the right to personal freedom to the people. Under the right no one can be made slave, once been detained or arrested only as punishment.
iii. Right of education
Under American constitution, every citizen has right to education. Due to this right, every citizen is free to get education according to his free will and religious beliefs.
iv. Right to equal protection of Law
Under the U.S constitution every citizen has been give equal protection & equality before law and no one can demand immunity from this one the basis of any reason.
v. Right of Property
Rights, by which a person is entitled to good health, welfare, medical treatment, are personal rights and such rights are also fundamental rights. American Constitution guarantees the personal rights.
vi. Right of Religion
In religious matters all the citizens enjoy full freedom and they can abide by any faith provided one does not interfere in the faith of other.
vii. Right of Speech
American constitution admits right of speech. Every American possesses right to express his ideas about national, social and economic matters. However, American constitution does not allow expression of those ideas, which can damage national security and interests.
viii. Right to petition to the government
Every American citizen can ask the government, state and Federal, for relief for unfair treatment.
ix. No punishment without due process of Law
Arbitrary punishment is prohibited under American constitution. A wrong doer can only be punished after adopting due process of law. According to American constitution, a wrong doer has right to public trial. However, this public trial can be initiated under some specific conditions.
x. Housing of soldiers
It guarantees the freedom to the citizens of the U.S from billeting of the soldiers.
xi. Double Jeopardy
Principle of double jeopardy is incorporated into American constitution. According to American constitution, a person can be punished once for commission of a crime and cannot be punished twice or more for commission of a crime.
B. Rights relating to judicial Process
i. Rights in criminal cases
It guarantees that no one has to stand trial for such a federal crime unless grand jury has accused him.
a. A person cannot be tried twice or the same offence.
b. A person cannot be forced to testify against himself.
c. For one offence double punishment should not given.
ii. Right to fair and speedy trial
The American constitution provides that
a. The accused has a right to a speedy and public hearing.
b. The accused has a right to cross-examine the witnesses.
c. The accused has a right to defend him.
iii. Right to bail
The U.S constitution says that
a. Two much amount of bail should not be asked
b. too much fine should not be imposed, and
c. Cruel & extra-ordinary punishments should not be give.
c. Right of property
This includes the following rights.
i. Right to purchase property
ii. Right to keep property
iii. Right to use property
No one can be deprived of his property unless,
i. He is proved guilty by due process of law,
ii. The property can be acquired for public purposes, and
iii. Property can be acquired by paying due compensation
To conclude, it can be stated that American constitution provides it s people a kind of security especially when government and executive makes abuses of powers. And American Supreme Court provides remedy against misuses of powers. In this way, the American is enjoying their fundamental rights.