How were individual rights before the Constitution was ratified?

Answer 1

Before the ratification of the US Constitution, individuals had implied, not enumerated rights, under the Articles of Confederation, influenced by documents such as the Magna Carta and the English Bill of Rights. These rights included freedom from writ of habeas corpus, right to trial by jury of peers, freedom of the press, and others identified by the English Bill of Rights, following an outbreak of Lockean natural rights philosophy in the seventeenth century. Furthermore, some states had adopted their own declaration of rights ratified, prior to the ratification of the US Constitution and Bill of Rights.

The Virginia Declaration of Rights, adopted on June 12, 1776, was the first protection of individual rights. Rights such as freedom of the press and of the accused were expressed, and also stated that:

• All men are by nature equally free and independent, and enjoy the rights of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. No governmental compact can deprive them of their rights.
• All power is derived from and kept by the people.
• Government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community. If a government does not serve these purposes, the people have an inalienable right to alter or abolish it.
• All men are equally entitled to free exercise of religion, according to the dictates of conscience.

Thus, it can be seen that the Virginia Declaration of Rights encapsulated ideas expressed in the Declaration of Independence, as well as Lockean ideals. Others states such as Delaware, noted that "all government of right originates from the people, is founded in company only, and instituted solely for the good of the whole." Most other states also had their own declarations, in which they enumerated guarantees such as:

• The right to vote
• Free and frequent elections
• Freedom of speech and press
• The right to petition the government for redress of greviances
• No taxation without representation

All state constitutions also guaranteed due process like:

• Right to counsel and trial by jury of peers
• Protection from illegal searches and seizures
• Protection from cruel and unusual punishment, forced self-incrimination, and excessive bail and fines