For example, Article I, Section 9 prohibits the suspension of writ of habeas corpus except in cases of rebellion or invasion , Article 1，Section 2 guarantees trial by jury in criminal cases except in cases of impeachment % Article VI，Section 2 prohibits the use of religious test as a qualification for public office.

Further, by separating the federal power among the three governmental branches and by providing for checks and balances, the constitution limits possible misuse of power and protects the rights and liberties of the individual.

However, during the battle over the ratification of the Constitution9 the states strongly objected to the fact that the Constitution did not contain a bill of rights. These states proposed amendments. From these came the first ten amendments to the Constitution > known as the "Bill of Rights' The Bill of Rights today is the main source of basic rights. It guarantees• among other things，the freedom of expression, the freedom of the press，the freedom of religion, the right to assembly, the right to be secure in one,s home, the right to bear arms, the right to due process in judicial and administrative proceedings, as well as criminal procedural rights such as the right to counsel and to a public and speedy trial by an impartial jury.

At the time of its adoption, the Bill of Rights was intended to serve as a restriction only upon the national government.1 However9. the Fourteenth Amendment, adopted in 1868 at the end of the Civil War for the main purpose of protecting blacks in their newly won freedoms, contains two most important provisions in its first paragraph.2 It prohibits that states "deprive any person of life, liberty * or property» without due process of law" or "deny to any person • • • the equal protection of the laws". These two clauses, at the time when they became part of the Constitution, did not include the specific rights enumerated in the Bill of Rights. However these rights are considered so fundamental that most of them have been incorporated through judicial interpretation into the Fourteenth Amendment Due Process Clause. Today，the individual rights guaranteed by the Bill of Rights serve as restrictions on state and federal governments alike. In the same way» though the equal protection clause has no counterpart in the Bill of Rights which limits thefederal government, through judicial incorporation into the Fifth Amendment Due Process clause it now binds the federal as well as state governments.

Federal legislation is also a source of basic rights. The Voting Rights Acts in the fifties, sixties and seventies，for example，are direct efforts by Congress to implement the Equal Protection Provision. Very often» however. Congress relies on other legislative powers in combating racial discrimination. Thus, Congress has used its commerce power to remedy discrimination in public accommodations. It has also used the spending power5 to cut off federal funds to grantees who discriminate.

In an age of massive government,0 the task of securing individual rights and liberties becomes especially difficult. How to reconcile the competing demands for liberty and equality from different interest groups7? How to provide sufficient protection for minority and individual rights in a majoritarian democracy? Does the Constitution only impose negative prohibitions or does it also impose affirmative duties on the government? Are the constitutional provisions addressed only to government officials or do they apply to private individuals or institutions? What are the proper roles of the courts, the legislature and the executive in resolving these problems? These are the questions confronting America in defining and redefining basic rights.

Answer the following questions:
1. Does the Constitution the thirteen states ratified contain provisions for basic rights? What are they?
2. What is the right to the writ of habeas corpus? What does it mean?
3. What is the right to due process?
4. What is the right to equal protection? What is the historical background of the equal protection clause of the fourteenth amendment?
5. During the battle for the ratification of the constitution, who objected to the fact that the original constitution did not contain a bill of rights? Why did they?
6. Comment on the significance of the fourteenth amendment.
7. Does the fourteenth amendment tend to increase the power of the federation? If your answer is yes，then in what ways?
8. Did the framers of the Constitution intend to give Congress the power to legislate against racial discrimination?
9. How has Congress used its commerce power to remedy racial discrimination?
10. Name the sources of basic rights for the American people.
11. Comment on the role of the courts in making constitutional law by using the due process clause and the equal protection clause as examples.
12. What are the main problems confronting the government in defining and redefining basic rights?

The Supreme Court has often stated that "above all else the First Amendment means that government has no power to restrict expression because of its message, its ideas» its subject matter 9 or its content. Nevertheless» on numerous occasions the Court has validated government control based on the content of the message一 on the basis of what is being said. In some instances, such as obscenity, the content of the material has been held to forfeit first amendment protection. In other instances, such as commercial speech * less than full first amendment protection is afforded. But the rationale for approving content-based control in many cases is unclear.
Justice Holmes rejected any absolute interpretation of the first amendment protection of expression. Given the proper circumstances, government could punish speech because of the content of the message. But Justice Black argued for a more sweeping protection for expression. He attempted to make the touchstone of first amendment protection depend on whether "speech" or "action" was being regulated. In his view, speech has absolute protection. "Action", on the other hand, is subject to reasonable regulation.