In contrast, the framers of the American Constitution, although most of them were educated in the British tradition, were unwilling to accept the British position. They did not believe in the sovereignty of the legislature however popular that body might be. True, the original Constitution had not included in it a Bill of Rights.
But within two years of the inauguration of the Constitutional series of amendments were enacted in order to constitute such a Bill of Rights. The task of enforcing and protecting these rights was entrusted to the judiciary, particularly to the Supreme Court of the United States.
The American concept, as one can see from the nature of these rights as well as the manner in which they are safeguarded, is that fundamental rights are not matters to be drawn into the vortex of political controversy or to be placed at the mercy of legislative majorities.
They are to be definitely recognised in the Constitution and protected against any violation either by the authority of the executive or by the legislature through an independent and impartial judiciary.