National characteristics, American; United States -- Civilization
What do they do? They guarantee religious liberty, freedom of speech and
of the press, and the right of popular assembly and petition. They
protect every man, in time of peace, from criminal indictment except by
a grand jury, from secret trial, from compulsion to testify against
himself, from being tried again for an offence of which he has been once
acquitted, and from the requisition of excessive bail and the infliction
of cruel or unusual punishments. They guarantee to him the right to be
tried by an impartial jury of his peers and neighbours in criminal cases
and in all suits under common law when the amount in controversy exceeds
twenty dollars in value. They protect his house from search except under
legal and specific warrant, and his property from appropriation for
public use without just compensation. They assure him that he shall not
be deprived of life, liberty, or property without due process of law.
The remarkable thing about these provisions for fair play is not so much
their nature as the place where they are put. In England there is a Bill
of Rights, embodied in various enactments, which covers pretty much the
same ground. But these, as Mr. James Bryce says, "are merely ordinary
laws, which could be repealed by Parliament at any moment in exactly the
same way as it can repeal a highway act or lower the duty on tobacco."
But in America they are placed upon a secure and lofty foundation, they
are lifted above the passing storms of party politics. No State can
touch them. No act of Congress can touch them. They belong to the law
above laws.
Nor is this all. A supreme tribunal, coördinate with the national
executive and legislature, independent and final in its action, is
created by the Constitution itself to interpret and apply this supreme
law. The nine judges who compose this court are chosen from the highest
ranks of the legal profession, appointed by the President, and confirmed
by the Senate. They hold office for life. Their court room is in the
centre of the national Capitol, between the wings appropriated to the
Senate and the House.
Public-domain text, read in full here on John Shaqi.
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