詹姆斯.麥迪遜(James Madison,創作憲法的國父之一),寫出了限制政府權力、保障人民權利的一份列表,這些權力表述在憲法的前10條修正案中,叫做《人權法案》(the Bill of Rights)。
其中的一些權力包括諸如:
表達自由;
武裝權力(持槍權);
不受侵犯的權力;
一罪不可兩罰的權力;
不能自己指證自己的權力;
被陪審團審判的權力;
對公訴人的權力;
不受逼供、濫用刑法的權力等。
《人權法案於》於1791年通過。
5、What do we call the first ten amendments to the Constitution?
答案:《the of Rights》
《The Bill of Rights》 is the first 10 amendments to the Constitution. When the Framers wrote the Constitution, they did not focus on individual rights. They focused on creating the system and structure of government. Many Americans believed that the Constitution should guarantee the rights of the people, and they wanted a list of all the things a government could not do. They were afraid that a strong government would take away the rights people won in the Revolutionary War. James Madison, one of the Framers of the Constitution,wrote a list of individual rights and limits on the government. These rights appear in the first 10 amendments, called the Bill of Rights.
Some of these rights include freedom of expression, the right to bear arms, freedom from search without warrant, freedom not to be tried twice for the same crime, the right to not testify against yourself, the right to a trial by a jury of your peers, the right to an attorney, and protection against excessive fines and unusual punishments. The Bill of Rights was ratified in 1791.
6、What are the rights or freedom from the First Amendment?
答案:speech;religion;assembly;press;petition the government
The First Amendment of the Bill of Rights protects a person’s right to freedom of expression. Freedom of expression allows open discussion and debate on public issues. Open discussion and debate are important to democracy. The First Amendment also protects freedom of religion and free speech. This amendment says that Congress may not pass laws that establish an official religion and may not limit religious expression. Congress may not pass laws that limit freedom of the press or the right of people to meet peacefully. The First Amendment also gives people the right to petition the government to change laws or acts that are not fair. Congress may not take away these rights. The First Amendment of the Constitution guarantees and protects these rights.
This idea is called “consent of the governed.” If the government creates laws that are fair and protect people, then people will agree to follow those laws.
另外要注意,權力和自由之間是“或”的關係,right or freedom。就是說,權力和自由不是從屬關係。不像中國人想象、理解的那樣“政府有權力,給予人民自由”。這在下面講到美國公民、美國合法居住者的權利和義務時,至關重要。
This idea is called “consent of the governed.” If the government creates laws that are fair and protect people, then people will agree to follow those laws.