The Bill of Rights is the first ten Amendments to the Constitution of the United States. It spells out Americans’ rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, freedom of the press, and freedom of religion.
The Bill of Rights also sets rules for due process of law and reserves all powers not delegated to the federal government to the people or to the states. And it specifies that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
In Delaware, as in all states, the Bill of Rights applies as the foundational civil liberties document that restricts the powers of the federal government and guarantees a range of protections to individuals. These protections include freedom of speech, freedom of the press, freedom of religion, and the right to due process of law. The Tenth Amendment, in particular, reserves powers not delegated to the federal government to the states or the people, which forms the basis for states' rights to legislate on various matters. Delaware state law must comply with the rights and freedoms enshrined in the Bill of Rights, and any state legislation or action that infringes upon these rights may be subject to judicial review and potentially struck down as unconstitutional. Additionally, the Ninth Amendment's provision that the enumeration of certain rights in the Constitution does not deny or disparage others retained by the people serves as a reminder that the list of rights in the Bill of Rights is not exhaustive, and other fundamental rights may be recognized by the courts.