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What are the rights and responsibilities of the American people?

Quick version

  • The Declaration of Independence established that
    • all US citizens are equal
    • everyone has a right to 'life, liberty and the pursuit of happiness'
  • The US Constitution sets out the rights of the American people and the structure of the US Government.
  • The first ten Amendments to the Constitution are known as the Bill of Rights.
  • Two of the best known amendments are the right to freedom of speech and the right to bear arms.
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Video - US Constitution and Government

The US Constitution is the basis for law and national government in the USA.

Watch this video explaining the US Constitution and the structure it sets out for the US Government.

US Constitution

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What does the Declaration of Independence say about rights?

The US Declaration of Independence sets out the guiding principles on which the USA was founded.

A key part of this was breaking away from centralised rule from Britain.

The Declaration of Independence reads:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty and the pursuit of happiness.
The American Declaration of Independence

This establishes the ideas of equality and basic rights.

One role of the US Government is to protect the rights of the American people. The same rights are given to every American without exception.

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What rights and responsibilities does the US Constitution set out?

How the USA is governed and the rights that people in American have are outlined in the .

The US Constitution is the oldest written national constitution still in use in the world:

The Constitution of the United States of America
Image caption,
The Constitution of the United States of America

The US Constitution:

  • is the supreme law of the land which covers all people in the USA
  • establishes the authority (and limits) of the Federal (National) Government
  • sets out the way in which the Government of the US will operate
  • it puts in place branches of Government which prevent power resting in one position
  • provides guarantees for the rights and freedoms of people in the USA

The US Constitution is the foundation for a vast structure of judicial decisions, statutes, presidential actions and traditional practices that have been carried out over the past 200 years.

There have been 27 amendments to the constitution which guarantee specific personal freedoms and rights.

The Constitution of the United States of America
Image caption,
The Constitution of the United States of America
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What is the Bill of Rights?

The US Constitution has several important amendments.

The first ten amendments to the Constitution are known as the Bill of Rights.

They protect all of the basic freedoms of American people.

The most famous are perhaps the first, second and fifth amendments.

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What is the First Amendment?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Constitution of the United States of America

Americans believe that freedom of speech and expression are essential for any democracy. To debate and vote, to assemble and protest, to worship, to ensure justice for all - these all rely upon the unrestricted flow of speech and information.

For example, in the US presidential election in 2024, candidates Kamala Harris and Donald Trump use their right to free speech to try and encourage American citizens to vote for them. At national campaign rallies, on television appearances and on social media, both candidates will have the guaranteed right to speak freely.

Pressure groups or interest groups also enjoy the freedoms the Constitution provides to be active in politics. Religious groups are often particularly outspoken in American politics. The National Rifle Association uses the freedoms provided by the First Amendment to campaign for rights around gun ownership.

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What is the Second Amendment?

A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.鈥
Constitution of the United States of America
American gun store

There is a great deal of controversy around the Second Amendment which allows American citizens the right to own a gun.

America won its War of Independence in 1783 against Britain with a militia (citizen鈥檚 army). After the war was over, citizens were allowed to keep their weapons. Guns and rifles in those days were basic.

Today, it is possible for an American to purchase very sophisticated military equipment. In the aftermath of numerous mass shootings 鈥 more than 40,000 people were killed by guns in 2023 - there have been calls for gun laws to be amended and even for there to be a new constitutional amendment.

The pressure group the National Rifle Association (NRA) is well supported and funded and opposes such reform. The Brady Campaign, on the other hand, spend millions of dollars every year advocating for greater gun control through stronger laws to reduce gun violence.

American gun store
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What is the Fifth Amendment of the US Constitution

No person shall be held to answer for a crime, unless they have been judged by a jury (except in cases arising in time of war or public danger); nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Constitution of the United States of America

If brought to court an American citizen can "take the Fifth". This means that he or she does not have to give evidence that may self-incriminate (make themselves appear guilty).

Guantanamo Bay Detention Centre

There has been controversy surrounding the Guantanamo Bay Detention Centre since it opened in 2002. Many of prisoners held there continue to be detained without a fair trial with a jury.

The US Government describes the men held at Guantanamo Bay as enemy combatants. However, human rights groups such as Amnesty International accuse the US military who run the camp of human rights abuse.

When President Obama was elected, he said he would close this facility, but failed to do so. In 2023, 35 men remained in the detention centre.

(Source: Amnesty International)

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What rights only apply to US citizens?

The US Constitution refers to 'the people' rather than US citizens. In many cases the rights in the the Constitution also provide protection for visitors to the USA.

However there are some rights that only apply to US citizens:

  • right to vote in federal (and most state) elections |
  • right to serve of a jury - it is also a responsibility/duty to serve on a jury if called
  • apply for federal jobs
  • be elected to office
  • keep residency in the US
  • receive government benefits and grants
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Quiz

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Recap what you have learned

  • The Declaration of Independence established that

    • all US citizens are equal
    • everyone has a right to 'life, liberty and the pursuit of happiness'
  • The rights of the American people are written down in the US Constitution.

  • The same rights are given to every American without exception and part of the government鈥檚 role is protect the rights of the people.

  • The US Constitution is the foundation for a vast structure of judicial decisions, statutes, presidential actions and traditional practices.

  • The first ten Amendments to the Constitution and are known as the Bill of Rights.

  • Americans believe that freedom of speech and expression are essential for any democracy and this relates to the First Amendment.

  • There is a great deal of controversy around the Second Amendment which allows American citizens the right to own a gun.

  • If brought to court an American citizen can "take the Fifth". The FIfth Amendment means that everyone is entitled to a trial before a jury and no-one has to give evidence that may self-incriminate.

  • Some rights, such as the right to vote, be elected to political office and receive federal benefits only apply to US citizens.

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