The legal system in the United States maintains the principle that one of the most fundamental acts of its government is to protect the inherent rights and freedoms that belong to all individuals, and to provide equality for all.

In America, these rights and freedoms are represented and expressed most precisely
in the first Ten Amendments to the Constitution, known as the Bill of Rights. This was ratified by the government in 1791, and in the “equal protection” clause of the fourteenth Amendment, which was ratified in 1868 after the Civil War. During its history, a large body of statutory law, court decisions, and regulatory procedures have evolved and elaborated the freedoms and rights set out in the Bill of Rights and other provisions of the Constitution.

For the protection of such freedoms such as speech and religious worship the First Amendment is used. The first Amendment also protects the right of individuals to organize and protest in peace, for social or political change.

The fundamental basis of any democracy is to have freedom of speech and freedom of the press. For this reason, the First Amendment prohibits the government from attempting to control or monitor the content of public statements or reports in the press .It is believed that, in the end, an open debate will lead to a greater truth and therefore bring about wiser public decisions. It is very rare and in very limited situations that written or spoken speech is limited and punishable.

Religious freedom means that the government cannot support, sponsor or discourage any religious expression by any group or individual. Religion is a prominent feature in the life of many Americans, although the First Amendment means that religion and the government is separate. The United States has a secular government.

The Second Amendment protects the right to bear arms because a “well regulated militia” is necessary for the security of the state. This is a contentious issue in the United States. Some believe that an individual is protected by the constitution, to carry arms, where others believe that it only gives each state the right to have its own “militia” also known as the National Guard. The Supreme Court has not provided any definitive pronouncement on the interpretation of the Second Amendment.

In the United States, individuals are protected against unreasonable searches and the seizure of their property and person. For example, just because the police suspect a person of a crime, they cannot be arrested. If police do search a suspect illegally, anything found cannot be used as evidence in a trial.

In current times, with the changes in technology and the culture, this protection has been expanded into a broader constitutional right of privacy – an example of extrapolating, an implied right from the very words of the Constitution itself.

Some amendments include areas which protect those accused of crimes, as they are designed to ensure that the “due process of the law” is adhered to. Any accused individual has the right to a speedy and public trial, where they are judged by their peers and where they have a chance to in turn, confront their accusers. The accused do not have to testify at their own trial as they might incriminate themselves.

The Eighth Amendment also clearly stipulates the outlawing of “cruel and unusual punishment”. Criminal suspects are under entitlement to legal counsel as shown with the Miranda warnings that the police give when arresting a person, stating the basic rights against self-incrimination “You have the right to remain silent. Anything you say can and will be used against you in a court of law.”  And due process of the law “You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you”.

The accused cannot be tried for the same crime twice as this is double jeopardy. They also cannot be tried for actions that were not crimes at the time they were committed as they are   ex post facto laws.

Property rights are protected by the Constitution. For example, government bodies at any level, must meet stringent legal requirements, and pay just compensation prior to taking anyone’s private property. The government can then only take private property for “public use”, not for private purposes.

The securing of equal rights for women and African Americans in the 20th century has been due to the Fourteenth Amendment’s guarantee of “equal protection of the law”. This has served as a legal foundation for the social and political rights of that era.

The other amendments which ensure equality include the fifteenth…voting rights regardless of race, The nineteenth…women’s right to vote, the twenty fourth…abolition of poll, or election taxes, and the twenty sixth…the lowering of the voting age to eighteen. These reflect the constitutional right to vote and participate in the political process for all citizens.

Constitutional rights do not exist in isolation or in the abstract. To work effectively they require the recognition and support of all Americans, regardless of what position they hold in society and what their political views are. Certain obligations such as serving on a jury is compulsory by law however other forms of participation in the community, like voting is optional. Although, voting is critical to the healthy functioning of the United States as a democracy and protects the rights and freedoms of its people.