In what ways does the Constitution protect us from our own decisions?
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Answers
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Explanation:The original text of the Constitution contained very few provisions protecting individual rights. This probably occurred for two reasons. First, some of the framers believed that they had created a central government with limited powers that would not have the authority to violate individual rights. Others of the framers feared that any list of enumerated rights might be incomplete and might later be interpreted to deny rights not listed.
Those few provisions protecting individual rights include Article I, Section 9, which provides that “the privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public safety may require it.” The writ of habeas corpus was a common law procedure that allowed the courts to order the release of persons unlawfully imprisoned or detained. Although it has been an important protection in some cases, the courts have given Congress great leeway in limiting the use of the writ.
Article I, Sections 9 and 10, prohibit ex post facto laws (punishing conduct that was not illegal at the time it was performed) and bills of attainder (singling out individuals or groups for punishment). Article III, Section 2, provides for the right to trial by jury in all criminal cases, and requires that the trial be held in the state where the crime was committed.
The “privileges and immunities clause” contained in Article IV, Section 2, provides, “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens of several states.” This limits the ability of states to favor their own citizens and discriminate against out-of-state citizens with respect to certain fundamental rights.
The first ten amendments to the Constitution—the Bill of Rights—came into effect on December 15, 1791, limiting the powers of the federal government of the United States and protecting the rights of all citizens, residents and visitors in American territory.