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 Nebraska, as in all states, the Bill of Rights provides the foundational civil liberties and rights that protect individuals from government overreach. These rights include freedom of speech, press, religion, the right to a fair trial, and the right to due process of law. Nebraska state law must comply with the protections afforded by the Bill of Rights, as these Amendments are a critical part of the Constitution and apply to state governments through the doctrine of incorporation via the Fourteenth Amendment. 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, and the Tenth Amendment's reservation of powers not delegated to the federal government to the states or the people, ensure a balance of power between the federal and state governments. Nebraska's own state constitution and statutes must operate within this framework, providing at least the same level of protection as the federal Bill of Rights, and they may offer additional protections for the rights of its residents.