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Showing posts from April, 2020

The Fourth Amendment

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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. This is one of the most heavily decided cases in the Supreme Court. The Fourth Amendment protects citizens from unlawful and unreasonable searches of themselves, their belongings, and their homes without a warrant or probable cause. This amendment also establishes the exclusionary rule, which prohibits unlawful evidence in court. This amendment is crucial in protecting citizens' privacy. This image demonstrates how illegal searches and seizures are protected by the fourth amendment. It shows how police and government officials must make searches with a warrant. It represents the amendment well. https://www.uscourts.gov/about-federal-courts/...

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. This amendment prohibits the government from forcibly housing soldiers in civilians homes. In context  before the events of the American Revolution, colonists were forced into housing British soldiers in their  homes. This amendment does not apply much to our current nation, it is the only amendment that the  Supreme Court has never decided a case on.   https://www.wearethemighty.com/history/importance-3rd-amendment This article explains the background of the Third Amendment and acknowledges its irrelevancy in modern times. It explains its  history during the Revolutionary War up into its inclusion into the Bill of Rights. It creates a better understanding as to why this  amendment was necessary. https://www.military.com/off-duty/2020/02/28/why-3rd-amendment-was-so-crucial-...

The Fifth Amendment

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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 is one of the most important to those accused of a crime as it provides the accused with a  variety of rights. It provides the right to a grand jury indictment, the restriction on double jeopardy, the guarantee  of due process of law, protection against self-incrimination, and the prevention of the government taking priv...

The Sixth Amendment

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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 is also important to those accused of a crime. It guarantees the right to a speedy and public  trial in front of an impartial jury. This amendment is crucial in making sure the defendant is properly and fairly tried.  The sixth amendment ensures that those convicted of a crime will be given a trial by jury. This political cartoon demonstrates a  scenario in which a woman who was arrested was given a speedy trial by jury and cou...

The Eighth Amendment

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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and  unusual punishments inflicted. The Eighth Amendment protects criminal defendants from excessive bail and cruel and unusual punishments.  This is necessary in preventing the government from unfairly treating criminals in the trial and sentencing process.  Bail must be reasonable in accordance to the crime and the criminal cannot be treated maliciously. This cartoon demonstrates an example of a “cruel and unusual” punishment as protected against in the eight amendment.  This amendment is essential to the Constitution as it protects against unfair and inappropriate punishments to those convicted  of a crime. A minimal crime can not constitute a large punishment under the eighth amendment. https://constitution.laws.com/8th-amendment This article discusses the reasons and historical context under which the eighth amendment was created. It also mentions  important...

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 reexamined in any court of the United States than  according to the rules of the common law. The Seventh Amendment guarantees a jury trial for civil cases. By providing a jury trial, cases are protected  from the possibility of having corrupt judges. Today, civil cases having jury trials is rare, so it's not typical  for this amendment to come into use. http://content.time.com/time/video/player/0,32068,1027561275001_2080301,00.html This video is very humorous as it focuses on the amount of 20 dollars as mentioned in the amendment. It examines how much  20 dollars could buy when the amendment was ratified.  https://www.revolutionary-war-and-beyond.com/7th-amendment.html This article explains the purpose of the 7th amendment and how the events of the Revoluti...

The Ninth Amendment

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The enumeration in the Constitution of certain rights shall not be construed to  deny or disparage others retained by the people. The Ninth Amendment basically guarantees rights already not mentioned specifically in the US Constitution or  Bill of Rights to Americans. This Amendment was included to make clear that other powers and rights were  specifically assigned to the federal government. This amendment is useful in providing additional rights to  Americans not already explicitly stated. This cartoon is humorous as it demonstrates the openness of the ninth amendment. As its purpose and rights are open ended,  it can be humorously applied to situations such as demonstrated in the cartoon, although they might not have necessarily been  the founding fathers intentions. https://pacificlegal.org/whats-the-deal-with-the-9th-amendment/ This article explains the history of the ninth amendment and why it was included into the Constitution. It a...

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. The Tenth Amendment essentially assigns powers not explicitly delegated to the federal government to the states and  the people. This amendment is important in keeping the federal government limited and guaranteeing state rights. https://www.youtube.com/watch?v=_vDCs5bGJ2I This video offers a better understanding of what the tenth amendment really means in its significance to states rights. It  emphasizes the importance of the tenth amendment in how it balances federal and state power. https://www.forbes.com/forbes/2011/0509/opinions-mellor-neily-capital-flows-tenth-amendment-matters.html#4992619d392f This article expresses the importance of the tenth amendment in protecting states rights. It also explains how the amendment  limits the powers of the federal government and why the fr...

The Eleventh Amendment

The Judicial power of the United States shall not be construed to extend to any  suit in law or equity, commenced or prosecuted against one of the United States  by Citizens of another State, or by Citizens or Subjects of any Foreign State. The Eleventh Amendment is the only amendment related to the judicial branch of government. It prevents the  federal courts from hearing lawsuits against states. This amendment was proposed in response to the case of   Chisholm v Georgia (1793). https://constitution.laws.com/american-history/constitution/constitutional-amendments/eleventh-amendment This article explains the history of the eleventh amendment and how it resulted due to the controversial decision of  Chisholm v. Georgia. It also explains how it was the first amendment ratified separately from the Bill of Rights. https://www.law.cornell.edu/constitution-conan/amendment-11/purpose-and-early-interpretation This article interprets and exp...

The Twelfth Amendment

The Electors shall meet in their respective states and vote by ballot for President  and Vice-President, one of whom, at least, shall not be an inhabitant of the same  state with themselves; they shall name in their ballots the person voted for as  President, and in distinct ballots the person voted for as Vice-President, and they  shall make distinct lists of all persons voted for as President, and of all persons  voted for as Vice-President, and of the number of votes for each, which lists they  shall sign and certify, and transmit sealed to the seat of the government of the  United States, directed to the President of the Senate; The President of the Senate shall, in the presence of the Senate and House of  Representatives, open all the certificates and the votes shall then be counted; The person having the greatest Number of votes for President, shall be the  President, if such number be a majority of the whole number of Ele...

The Thirteenth Amendment

SECTION 1 Neither slavery nor involuntary servitude, except as a punishment for crime  whereof the party shall have been duly convicted, shall exist within the  United States, or any place subject to their jurisdiction. SECTION 2 Congress shall have power to enforce this article by appropriate legislation. The first of the Civil War Amendments, the Thirteenth Amendment abolished slavery. This amendment freed all  slaves and indentured servants throughout the country, not just through the Confederacy as the Emancipation  Proclamation previously did. This is clearly one of the most important amendments to the Constitution as it ended  slavery and guaranteed a Northern victory in the Civil War. https://www.youtube.com/watch?v=6HAmJMnBf0w This video does a fantastic job of explaining and interpreting each section of the thirteenth amendment. It also explains the  historical significance of the amendment during the Civil War and Reconstruc...

The Fourteenth Amendment

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SECTION 1 All persons born or naturalized in the United States and subject to the jurisdiction  thereof, are citizens of the United States and of the State wherein they reside. No  State shall make or enforce any law which shall abridge the privileges or  immunities of citizens of the United States; nor shall any State deprive any person  of life, liberty, or property, without due process of law; nor deny to any person  within its jurisdiction the equal protection of the laws. SECTION 2 Representatives shall be apportioned among the several States according to their  respective numbers, counting the whole number of persons in each State,  excluding Indians not taxed. But when the right to vote at any election for the  choice of electors for President and Vice President of the United States,  Representatives in Congress, the Executive and Judicial officers of a State, or  the members of the Legislature thereof, is denied ...

The Fifteenth Amendment

SECTION 1 The right of citizens of the United States to vote shall not be denied or abridged  by the United States or by any State on account of race, color, or previous  condition of servitude. SECTION 2 The Congress shall have power to enforce this article by appropriate legislation. The last of the Civil War Amendments, the Fifteenth Amendment guaranteed the right to vote to male former  slaves. It establishes that the right to vote cannot be denied based on race, however, at this point in time only  men could vote. This amendment was essential in guaranteeing former slaves equal rights.  https://www.history.com/topics/black-history/fifteenth-amendment This article does a successful job of explaining the historical significance of this amendment. It explores the amendment through  the Civil War and Reconstruction periods. It also acknowledges the struggles of this amendment being implemented nationwide  due to racism and insta...