Seventh Grade
Chapter Four Section Two
Other Guarantees in the Bill of Rights
What if a law enforcement officer stopped you on the street, put you in the back of the patrol car and carried you off to jail? Would you want to know why this happened? What if they kept you in jail for several months without taking you to court? Do the police have the authority to break down the door to your house and take your property? These events may sound outrageous to an innocent person, even to someone that has broken the law. Unfortunately, they are things that concern people to the point that guidelines have been put in place. There are laws that law enforcement must follow. In the United States, the Fourth, Fifth, Sixth, and Eighth Amendments help prevent these things from happening and give citizens comfort in their security.
The Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fourth Amendment protects against “unreasonable searches and seizures.” Your home cannot be searched or your property taken without good cause. If a law enforcement officer feels that you have committed a crime, they can get a search warrant from a judge. This allows them to search your home or property and take certain items as evidence. Judges are reluctant to make search warrants unless there is sufficient belief that they will turn up evidence of criminal activity. The Fourth Amendment protects citizens from law enforcement abusing search warrants.
The Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Fifth Amendment once again addresses situations concerning law enforcement and citizens. No one can be put on trial for a serious federal crime without an indictment, or a formal charge by a group of citizens known as a grand jury, who review the evidence against the accused.
A person indicted for a crime may or may not be guilty. All the indictment is doing is expressing the grand jury’s belief that the person may have committed the crime. This is why a person is considered “innocent until proven guilty.” This provision protects people from being brought to trial abruptly and maybe unnecessarily.
The Fifth Amendment also protects from being tried for the same crime twice. This is known as “double jeopardy.” This protects from being tried again after ruled not guilty, even if new evidence has been discovered.
The Fifth Amendment also protects your right to remain silent. You cannot be threatened, tortured, or bullied into confessing to crimes you did not commit. You are protected from being forced to testify against yourself. That is called protection against self-incrimination.
The Firth Amendment also states that no one may be denied life, liberty, or property without the due process of law. Due process is the following of an established legal procedure. It includes the idea that the laws themselves are reasonable.
The Fifth Amendment does provide for the removal of a citizen’s property within the boundaries of the law. The practice of government taking a person’s property is known as “eminent domain.” It is the right of the government to take private property for public use. If a person’s land is in the way of a new highway being built it may be taken for that goal. But the government must provide the owner with the going rate as established by legal practices. They will pay you “fair market value” or what it would cost to purchase the same land in that area. Typically, a person cannot refuse to let the government take possession of their land in such a situation, but there have been cases where the property had historical value that was of greater importance than destroying it for whatever new plan for the general population. In such cases, the proposed plan may be revised or the structure might be moved to a different location.
The Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
The Sixth Amendment shares more due process rights for people accused of crimes. One of the directions given is that a person must be told the exact nature of the charges against them. There is also the guarantee that a trial by jury will be held, but one can request one by a judge instead.
If an accused person requests a jury trial, the trial must be speedy and public, and the jurors must be impartial. If possible, the trial should be held in the same district where the crime occurred. This isn’t always possible, due to the concerns of getting a fair trial.
Accused individuals have the right to hear and question all witnesses against them. They are permitted to call witnesses for their defense. They are also entitled to have a lawyer. Since the Sixth Amendment was written, the Supreme Court has ruled that if someone cannot afford a lawyer, one will be provided to them by the government.
The Eighth Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
The Sixth Amendment may guarantee a speedy trial, but there may still be months before a case can be heard. The accused person may stay in jail or remain free by paying bail. Bail is a sum of money used as a security deposit. If the person goes to court, they will receive the money back. If they don’t show, the money is forfeited, or kept by the court.
Bail is set by the judge. Judges consider many things in deciding bail, such as the type of crime, the record of the accused, the likelihood that they will appear in court, and what the person can afford. Bail cannot be too much; the Eighth Amendment prevents excessive bail.
The Eighth Amendment also forbids excessive fines for those convicted of a crime. It forbids “cruel and unusual punishments.” For years, Americans have questioned what is cruel and unusual. Most agree that punishment should be in proportion to the crime. If a sentence of life imprisonment for stealing something small, this would be excessive. One area that many struggle with deciding whether it is cruel and unusual is the death penalty. How humane is taking the life of someone?
The Second Amendment
Many gun supporters and hunters like to say that they strongly support the Second Amendment. But too many people have confusion over what rights are exactly guaranteed in this amendment. Some argue that it provides only for each state to maintain a “well-regulated militia” by allowing the members to carry arms. When the amendment was first written, a militia was a small, local army of volunteers. They helped win the war of independence against Great Britain.
Other people see the Second Amendment as guaranteeing the right of all citizens to “keep and bear arms” without the interference of the government. Courts have typically ruled that government can pass laws to control the possession of firearms, but not prevent it. One of the ways this control has been practiced is through the licensing to own firearms.
The Third Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
One cause of the Revolution was the resentment of the law making colonists house and feed British soldiers. This amendment makes that unlikely for Americans to ever be forced to shelter the military again. It speaks about peacetime and how soldiers may not move into private homes without the approval of the homeowner. In times of war it must be approved by Congress for this to happen. This was a situation that occurred in both the American Revolution and the Civil War. There have been no other wars on our homeland to cause this possibility to happen since.
The Seventh Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
The Seventh Amendment deals with civil court cases, lawsuits involving disagreements between people rather than crimes. If you were disputing a contract or claiming a doctor had not treated you properly, you could bring a civil suit.
This amendment guarantees the right to a jury trial in these cases if the amount of money involved is over $20. It does not require a jury trial. Both sides may decide to settle with only a judge.
The Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
It would be impossible to cover every situation dealing with the rights of American citizens in the Constitution. For one thing, they writers had no clue what technological advances the future held. This is why the Ninth Amendment came about. It makes clear that citizens have other rights beyond those listed in the Constitution. These unwritten rights are just as valuable as those written and cannot be taken away.
Nowhere in the Constitution will you find the right to privacy. But the Supreme Court has drawn on the First, Fourth, Fifth, and Ninth Amendments to uphold this right. We can enjoy privacy in our homes, confidentiality in our medical and financial records, and freedom from government interference in our personal choices regarding friends, families, and careers.
The Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
There are certain powers of the national and state governments discussed in the Constitution. Still, there are many others, such as authority over schools that are not mentioned.
Slavery is another issue not completely addressed in the Constitution. Some states eventually passed laws abolishing slavery. Under the Tenth Amendment, any powers the Constitution does not specifically give to the national government are reserved to the states or to the people. In this way, the Tenth Amendment prevents Congress and the president from becoming too strong. The government of the United States can have only the powers the people give it.
Chapter Four Section Two
Other Guarantees in the Bill of Rights
What if a law enforcement officer stopped you on the street, put you in the back of the patrol car and carried you off to jail? Would you want to know why this happened? What if they kept you in jail for several months without taking you to court? Do the police have the authority to break down the door to your house and take your property? These events may sound outrageous to an innocent person, even to someone that has broken the law. Unfortunately, they are things that concern people to the point that guidelines have been put in place. There are laws that law enforcement must follow. In the United States, the Fourth, Fifth, Sixth, and Eighth Amendments help prevent these things from happening and give citizens comfort in their security.
The Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fourth Amendment protects against “unreasonable searches and seizures.” Your home cannot be searched or your property taken without good cause. If a law enforcement officer feels that you have committed a crime, they can get a search warrant from a judge. This allows them to search your home or property and take certain items as evidence. Judges are reluctant to make search warrants unless there is sufficient belief that they will turn up evidence of criminal activity. The Fourth Amendment protects citizens from law enforcement abusing search warrants.
The Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Fifth Amendment once again addresses situations concerning law enforcement and citizens. No one can be put on trial for a serious federal crime without an indictment, or a formal charge by a group of citizens known as a grand jury, who review the evidence against the accused.
A person indicted for a crime may or may not be guilty. All the indictment is doing is expressing the grand jury’s belief that the person may have committed the crime. This is why a person is considered “innocent until proven guilty.” This provision protects people from being brought to trial abruptly and maybe unnecessarily.
The Fifth Amendment also protects from being tried for the same crime twice. This is known as “double jeopardy.” This protects from being tried again after ruled not guilty, even if new evidence has been discovered.
The Fifth Amendment also protects your right to remain silent. You cannot be threatened, tortured, or bullied into confessing to crimes you did not commit. You are protected from being forced to testify against yourself. That is called protection against self-incrimination.
The Firth Amendment also states that no one may be denied life, liberty, or property without the due process of law. Due process is the following of an established legal procedure. It includes the idea that the laws themselves are reasonable.
The Fifth Amendment does provide for the removal of a citizen’s property within the boundaries of the law. The practice of government taking a person’s property is known as “eminent domain.” It is the right of the government to take private property for public use. If a person’s land is in the way of a new highway being built it may be taken for that goal. But the government must provide the owner with the going rate as established by legal practices. They will pay you “fair market value” or what it would cost to purchase the same land in that area. Typically, a person cannot refuse to let the government take possession of their land in such a situation, but there have been cases where the property had historical value that was of greater importance than destroying it for whatever new plan for the general population. In such cases, the proposed plan may be revised or the structure might be moved to a different location.
The Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
The Sixth Amendment shares more due process rights for people accused of crimes. One of the directions given is that a person must be told the exact nature of the charges against them. There is also the guarantee that a trial by jury will be held, but one can request one by a judge instead.
If an accused person requests a jury trial, the trial must be speedy and public, and the jurors must be impartial. If possible, the trial should be held in the same district where the crime occurred. This isn’t always possible, due to the concerns of getting a fair trial.
Accused individuals have the right to hear and question all witnesses against them. They are permitted to call witnesses for their defense. They are also entitled to have a lawyer. Since the Sixth Amendment was written, the Supreme Court has ruled that if someone cannot afford a lawyer, one will be provided to them by the government.
The Eighth Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
The Sixth Amendment may guarantee a speedy trial, but there may still be months before a case can be heard. The accused person may stay in jail or remain free by paying bail. Bail is a sum of money used as a security deposit. If the person goes to court, they will receive the money back. If they don’t show, the money is forfeited, or kept by the court.
Bail is set by the judge. Judges consider many things in deciding bail, such as the type of crime, the record of the accused, the likelihood that they will appear in court, and what the person can afford. Bail cannot be too much; the Eighth Amendment prevents excessive bail.
The Eighth Amendment also forbids excessive fines for those convicted of a crime. It forbids “cruel and unusual punishments.” For years, Americans have questioned what is cruel and unusual. Most agree that punishment should be in proportion to the crime. If a sentence of life imprisonment for stealing something small, this would be excessive. One area that many struggle with deciding whether it is cruel and unusual is the death penalty. How humane is taking the life of someone?
The Second Amendment
Many gun supporters and hunters like to say that they strongly support the Second Amendment. But too many people have confusion over what rights are exactly guaranteed in this amendment. Some argue that it provides only for each state to maintain a “well-regulated militia” by allowing the members to carry arms. When the amendment was first written, a militia was a small, local army of volunteers. They helped win the war of independence against Great Britain.
Other people see the Second Amendment as guaranteeing the right of all citizens to “keep and bear arms” without the interference of the government. Courts have typically ruled that government can pass laws to control the possession of firearms, but not prevent it. One of the ways this control has been practiced is through the licensing to own firearms.
The Third Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
One cause of the Revolution was the resentment of the law making colonists house and feed British soldiers. This amendment makes that unlikely for Americans to ever be forced to shelter the military again. It speaks about peacetime and how soldiers may not move into private homes without the approval of the homeowner. In times of war it must be approved by Congress for this to happen. This was a situation that occurred in both the American Revolution and the Civil War. There have been no other wars on our homeland to cause this possibility to happen since.
The Seventh Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
The Seventh Amendment deals with civil court cases, lawsuits involving disagreements between people rather than crimes. If you were disputing a contract or claiming a doctor had not treated you properly, you could bring a civil suit.
This amendment guarantees the right to a jury trial in these cases if the amount of money involved is over $20. It does not require a jury trial. Both sides may decide to settle with only a judge.
The Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
It would be impossible to cover every situation dealing with the rights of American citizens in the Constitution. For one thing, they writers had no clue what technological advances the future held. This is why the Ninth Amendment came about. It makes clear that citizens have other rights beyond those listed in the Constitution. These unwritten rights are just as valuable as those written and cannot be taken away.
Nowhere in the Constitution will you find the right to privacy. But the Supreme Court has drawn on the First, Fourth, Fifth, and Ninth Amendments to uphold this right. We can enjoy privacy in our homes, confidentiality in our medical and financial records, and freedom from government interference in our personal choices regarding friends, families, and careers.
The Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
There are certain powers of the national and state governments discussed in the Constitution. Still, there are many others, such as authority over schools that are not mentioned.
Slavery is another issue not completely addressed in the Constitution. Some states eventually passed laws abolishing slavery. Under the Tenth Amendment, any powers the Constitution does not specifically give to the national government are reserved to the states or to the people. In this way, the Tenth Amendment prevents Congress and the president from becoming too strong. The government of the United States can have only the powers the people give it.