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Showing posts with the label Right

Process of Law

"... nor be deprived of life, liberty, or property, without due process of law..." -Amendment V Hello!  Yes, we are still in the 5th amendment. It's kinda long.  This quote means that no one can be sentenced to death or prison or have their property taken from them  without due process.  The phrase "due process" means the whole legal shebang- a proper case and verdict  with lawyers, a jury, a grand Jury, and more. This right protects people  from being sentenced without a  trial. Here's a fictitious example of this being ignored: Ian ate his neighbor's pig without permission. (He's got a large appetite.) His neighbor, Susan, is distraught   over the death of Petunia, the pig, and tells a police officer. Officer Ted arrests Ian, and on the way to the  police station decides that Ian deserves to go to prison for five years. After all, Susan showed him the  bones. That's evidence enough, right? Officer Ted drops Ian off at the jail, locks h...

Right to Remain Silent

"... nor shall be compelled in any criminal case to be a witness against himself..." - Amendment V  Good morning folks! Today we're discussing another right that applies to criminal cases: the right to remain silent.   It's quite simple and well known. No one can be forced to give information that may help to condemn  them. When someone says they "plead the 5th", this is what they're referring to. They don't want to speak  because what they say can be used against them. 

No Double Jeopardy

"...nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb" -Amendment V This right has nothing to do with a gameshow, it's about justice.  No one can be persecuted in court more  than once for the same crime. Of course, this only applies to criminal cases. For example, if a random  person, we'll call her Janice, was in the store when a $300 purse was stolen, and the store owner  prosecuted Janice in court but the Jury acquitted her, then the store owner could not keep bringing her  back to court to try to get a different verdict.   "Acquit" means declared innocent in court by a jury.  Don't forget to put any questions in the comments!

Grand Jury

"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 time of service or public danger..." -Amendment V           Hello! The right of the week is Grand Jury! Before federal cases can be tried, they must be reviewed and indicted by a Grand Jury. A Grand Jury  decides whether or not a case needs to be tried, while a Jury decides which side of a case wins. There are  exceptions. This rule does not apply to state courts and in military cases time does not have to be taken to  organize a Grand Jury.  If y'all have any questions please comment!

No Unreasonable Searches And Seizures

"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. " - Amendment IV of the U.S. Constitution Welcome to the fourth amendment! This right states, in other words, that the government cannot send  anyone to dig around and take anything or arrest anyone without a warrant. The warrant can't be any old  piece of paper, in order to be valid it must have a good reason to be issued. There must be evidence and/or  witnesses, and it must specifically state what they plan to do. This right protects people and their property  from unjust seizure. 

Amendment III

"No solider shall, in times of peace be quartered in any house, without the consent of the owner, nor in  times of war,  but in a manner to be prescribed by law."  - Amendment III of the U.S. Constitution This amendment establishes the illegality of soldiers using their position to force citizens into hosting  them. Citizens can welcome them in, but the soldiers may never claim they have the right. And this means  any time. With or without a state of emergency or war, military members can't demand a meal and bed.  During the American Revolution, British soldiers would often stop at the homes of colonial Americans  and take  crops from the fields and gardens or livestock to slaughter. Perhaps they were hungry, thought  they were doing the Americans a favor by trying to stamp out the rebels, and decided they owed them  some food. Or maybe they thought it was the American's fault this was all going on and they deserved  some punishment...

Amendment II

     A well regulated militia, being necessary to the security of a free state, the right of the people to  keep and  bear arms, shall not be infringed. -Amendment II of The U.S. Constitution This amendment holds two rights, the first of which is often overlooked and the second is highly controversial.            A militia is the volunteer military force of a state. This is yet another part of the Constitution that  secures the power of the states. There are many reasons the states need militias, such as the federal  government cannot try to take more power than they are given in the Constitution without a fair amount of  resistance from the states.            The second right is the freedom to keep and bear arms. This right is just as important as any of the  others in the Amendments. Without the freedom to have weapons, American citizens would be...

The Right To Petition The Government

     "Congress shall make no law respecting an establishment of religion, or prohibiting the free  exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to  peaceably assemble, and to petition the government for a redress of grievances."  - Amendment I The U.S. Constitution This week we're looking at the final right in the first amendment- the right to petition the government. This right may be a little confusing because of the uncommon words, so I'll break it down bit by bit. First, " petition" is " something asked or requested" -Merriam Webster Dictionary. By the same  source, "Redress"  is a "relief from  d istress". Lastly, "grievance" is defined by Dictionary.com as  " a wrong considered as grounds for complaint, or something believed to cause distress". So, in  different words, this right is the right to request for relief from wrong or d...

The Right To Assemble Peacefully

Congress shall make no law... abridging... the right of the people to peaceably assemble.. .  -Amendment I of the U.S.  Constitution.  This is the right to peaceably assemble. We can meet with people and talk about politics if we want to. We can  organize a parade. We can gather and worship in the way we choose. You may have noticed that this right is tied to  others I've already discussed such as the freedoms of religion and expression. We can assemble and speak our minds  and choose to worship or not to worship, it's all constitutional. However, it's unlawful to gather a mob and go   fire BB guns at your local courthouse. Notice the word "peaceably"in the quote! There are  many possibilities secured  by this right, and I'm thankful it's included in the Constitution. 

The Freedom of Expression

"Congress shall make no law...abridging the freedom of speech, or of the press;... -Amendment I of the U.S. Constitution The freedom of speech and the press is the second right in the Constitution. These are known collectively as the freedom of expression. Like the freedom of religion, it has two points: 1.The right to speak one's opinions and ideas openly without being hindered by the government 2.The freedom to write and publish your opinions and ideas openly The only exception to the freedom to speak your mind is  a deceitful call to action, like shouting "fire, run  for your life!" in a theater when there's no actual danger. In this case, the freedom of speech is not on your  side and you can get in trouble with the law. In conclusion, if you avoid this action, you can write and talk  about your beliefs, ideas, and thoughts without hinderance from the government because the Constitution  secures this right.

Here's The Plan:

     Every week, I am going to discuss a right in the U.S. Constitution, going in the same order they are listed in the document. I am not an expert, I just want to share my interest in the Amendments. So if you are considering moving to America, are learning about the Constitution in school, or just want to gain a basic knowledge of your rights as an American citizen, this is for you. Enjoy learning!

The Freedom of Religion

      Amendment I of the U.S. Constitution says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;..."      The very first right listed in the Constitution is known as the freedom of religion. This right has two points: 1. The government cannot force anyone in the country to follow a religion. 2. The government cannot create a law that makes following a religion illegal. I think that the Founding Fathers built this right into our government because they looked back on their own history (remember, they were British before the Declaration of Independence) and saw all of the trouble with the British government having control of religion. One of these examples is the voyage of the Mayflower. The pilgrims came here to have the freedom to worship as they knew was right. Before they came, they had to have church meetings in secret. Also, know that not every person who thought like a pilgrim boarded ...