The First Ten Amendments free essay sample

These amendments were added to the Constitution to protect the rights and liberties of an individual. I. Freedom of Speech, Press, Religion and Petition Cammack 2 As an individual, I had never before thought about what the Bill of rights meant to me. I cannot recall a time where I have had to exercise my rights. When I thought about the First Amendment, I automatically thought about the Freedom of Speech. I would say that is what most American’s think of in regards to the First Amendment. In reading this amendment, I now understand I exercised this right, and continue to exercise this right almost every day of my life. How do I use this right? This right gives me the Freedom of Religion. My father was a minister, and was thus afforded the right to practice and teach his children what he believed, without government interference. The Freedom of Speech goes right along with the Freedom of Religion, because I am allowed to voice my opinions and beliefs without repercussion. There are many issues with the First Amendment when it comes to Freedom of Religion, with one of the major issues being the Separation of Church and State. Is our right to Freedom of Religion being taken away from us by not allowing the use of prayer in schools? If you want to say a prayer in school with other believers, is this in violation of the amendment? How is it that if for religious reasons, you choose not to immunize your children, you can then have the State Department called to your home for child neglect? Does this Amendment not give us the right to make choices for ourselves and our amilies? I chose this picture to represent my feelings on religion. I believe it should be my right to teach, express and voice my beliefs, without the interference of the State. The First Amendment also guarantees the right of the press, freedom to assemble, and the right to petition the government for the redress of grievances. The freedom of press means our media outlets cannot be censored by our government. They do not have the power to block or Cammack 3 control the things the media puts out. The freedom to assembly allows individuals the right to gather without the fear of punishment. We have seen this right recently with the Occupy Wall Street Movement. The right to petition the government for redress means that we as citizens have the right to complain to our government without the fear of punishment. II. Right to Keep and Bear Arms The Second Amendment to the Constitution allows people the right to own and use firearms if necessary, and tells us that this right cannot be infringed upon. I chose this photo to represent the fact that as American’s, we are allowed to own and use firearms. I am a pacifist, and I do not own a firearm, but I believe that if a person wants to own a gun, they should be allowed to. But does this amendment apply to violent criminals? Should they be allowed to own and use firearms, especially if they have committed a violent act using a weapon? Convicted felons cannot legally own a firearm, but that does not stop many from owning them. Cammack 4 is their right being taken away from them because they have committed a crime? According to Fagin, â€Å"The preservation of citizens’ individual rights must be balanced against the necessity to enforce laws and maintain social order. †(Fagin, 2012) This tells me that Due Process plays a part in criminals not being afforded this right. If a criminal has been found guilty and received due process, their rights can then be stripped from them. While I do believe in the right of every person to own a gun, I do not believe a convicted criminal should be afforded this right. III. Conditions for Quarters Soldiers The Third Amendment of the Constitution tells us that no soldier, whether in peace or in war time can come into your home and take it over, without your consent. There have been periods in our history when soldiers took over the property and homes of citizens without consent, but this has never been something I have had to experience, or even have family tell me about. I chose this picture because it represents to me I do have the right to say no. I can tell military personnel without hesitation that they do not have the right to come into my home or Cammack 5 onto my property and take it over as their own. We live in an area surrounded by military personnel, but they have never had reason to take over our homes or property. They have established homes and bases of their own. If for some reason, it did come to wartime, and the need to house soldiers did arise, I could not see myself saying no, as I had a son injured in Iraq. But I also know that I do have that right, and that no one can take it from me. IV. Right of Search and Seizure Regulated The Fourth Amendment tells us that people have the right to be secure in their persons, homes, papers, and effects, against unreasonable search and seizure. Unless there is a warrant which has been given for probable cause, authorities cannot enter your residence. This warrant must tell what is to be searched, whether it is a person, a home, or belongings, and it must be specific. This also means that probable cause applies in all arrest situations. Probable cause is the likelihood that there is a direct link between a suspect and a crime. † (Fagin, 2012) The police must use a valid search warrant and have probable cause before they can access myself or Cammack 6 my belongings. There have been cases where the Supreme Court has allowed searches without a warrant. Harris v. United States, Florida v. Jimeno, 1973, and Carrol v. United States (1925) are just a f ew of these cases. Plain view searches are allowed as long as the police officer has a legal right to be where they are. This does not mean an officer can move something to get to evidence. If a person gives consent to search, no warrant is needed. If a police officer has probable cause and believes a crime has been committed, he can then search your vehicle. According to Ted Belling, â€Å"There are thirteen exceptions to the warrant requirement under the Fourth Amendment. Exigent circumstances, Stop and frisk, Search incident to arrest, Custodial, Plain view, Vehicle, Border, Open fields, Abandoned property, Consent, Administrative, Probation search, Protective sweep. † (Belling, 2012) I chose the above picture to represent my right to ask an officer to come back with a warrant if my house, person, or belongings are going to be searched. Although I know that a warrant is not necessary in all situations, I do know that it cannot be an unreasonable search, and this right guarantees that. V. Provisions concerning Prosecution Cammack 7 The Fifth Amendment deals with our rights as citizens in criminal cases. There are many provisions in this amendment. It tells us no person can be held to answer for a crime unless on a presentment or indictment of a Grand Jury, except in the case of the military. This amendment also tells us about Double Jeopardy in which you cannot be tried for the same offense twice. It also tells us that we are entitled to due process and cannot be deprived of life, liberty, or property without just compensation. It also tells us about eminent domain. If the government is going to take over private property for public use, then they must compensate the owner of that property. Water, air, and land rights are subject to eminent domain. The government can take private property without an owner’s consent, and does this by condemnation. The most common reason for taking property is for the use of highways, railroads and public facilities. The reason behind my picture was the part of the amendment that stood out to me the most. No person should be compelled to witness against himself. I think we have all heard the saying, â€Å"I plead the 5th. † I wanted to know exactly what was meant by that. It means that I do not have to testify in court, when I know it is going to incriminate me. Fagin tells us that as a defendant, we have the right to be passive and let the defense attorney handle a case for us. Cammack 8 Fagin, 2012) VI. The Right to a speedy trial, witnesses, etc. The Sixth Amendment states that in all prosecutions, we are guaranteed the right to a speedy and public trial which will be overseen by an impartial jury, and the case should be heard in the state and the district where the charges were brought. The Amendment also goes on to state that we have the right to know the nature and cause of the cha rge brought against us, we are allowed to confront witnesses, and are allowed counsel for our defense. But how is it possible to know if you have an impartial jury? I have been selected to be a part of a jury, and the process was thorough. All the potential jurors were questioned on everything from opinions to beliefs. If one lawyer wants to keep a potential juror, and the other does not want them, there is a challenge. This happened in my case. I informed the judge I would have a hard time ignoring information shared that we were later told to disregard. I was questioned further, and still picked to sit on the jury. It made me very uncomfortable. If you are told to dismiss Cammack 9 vidence that you have already heard, and it is in your mind, it is hard to just let it go. I would think that would happen with many people, and not just me. How does this make for an impartial jury? I chose this picture to represent my idea of an impartial jury. Whether you are young or old, black or white, male or female, a jury should represent a mix of all people, hopefully providing a defendant an unbiased jury. VII. Right to a trial by jury The Seventh Amendme nt tells us that in any law case where the amount in question is over twenty dollars, we are guaranteed the right to a trial by jury. It also states a case tried by a jury can only be reexamined in accordance with common law. Fagin tells us, â€Å"The right of appeal applies to both civil and criminal cases, but the focus of this discussion is on criminal appeals. † (Fagin, 2012) This tells me that while you can file an appeal in a civil case, more emphasis is placed on the right to appeal in a criminal case. Cammack 10 I chose this picture to represent the fact that in any case where a person stands to lose over twenty dollars, or win more than twenty dollars, they have the right to ask for a trial by jury. However today, that amount has increased greatly. It is well known that we are entitled to a jury and that cases can only be retried if there is evidence to support the case being reopened. To me, this amendment seems to be almost the same as the Sixth Amendment. The only factor I found to be different was the monetary amount and cases retried only in accordance to the laws. VIII. Excessive bail, cruel and unusual punishment The Eight Amendment to the Constitution tells us that we have the right to not have excessive bail put upon us, and that excessive fines cannot be imposed. It also talks about cruel and unusual punishment not being permitted. While the eighth amendment does not specifically say a defendant is guaranteed bail, it does state that excessive bail should not be required. When deciding bail, the court takes into consideration many different factors such as how serious the crime committed was, whether or not there is a past criminal record, and also financial circumstances. Cammack 11 My reasoning behind this photo is what do we consider cruel and unusual punishment? Should putting someone to death for a crime committed be considered cruel and unusual? 7 states have enacted the death penalty as a form of legal punishment. â€Å"States that use the death penalty as a sanction must preserve the civil rights of the condemned prisoner as defined by the state and federal constitutions. † (Fagin, 2012) It is just my personal opinion, but I believe putting someone to death for a crime that was committed would be considered cruel and unusual. T here are so many arguments to this issue, whether they are from a legal stand point or a religious one. Would my opinion on the death penalty be different if I were a victim? I cannot say for sure. IX. Rule of construction of Constitution The Ninth Amendment is the enumeration in the Constitution which guarantees that certain rights will not be denied. If I understand this correctly, it is telling me that our Cammack 12 Constitution recognizes that we as citizens have certain rights, whether male or female, and regardless of race. Is there a difference between lawful and legal? Are these rights supposed to be different or the same? I think this means that our rights go beyond what is listed in the previous amendments. No man or woman can deny another person his or her Constitutional rights. Just because a right is not listed in the previous amendments does not mean you do not have it. I feel this amendment is like an insurance policy. I chose this image to represent the fact that just because a right has not been stated, it does not mean we as citizens do not retain that right. And just because these rights are not specific, it does not mean we should abuse them either. X. Rights of the States under Constitution The Tenth Amendment of the Constitution tells us that each state has rights. That power not granted to the Government is given to each state and to the people. I chose this picture to represent us as a people. So that we know that we have rights that are not only entitled to the Government. We can have a voice, our state can have a voice, and it cannot be limited. This Cammack 13 picture represents that to me. Our voices can be heard if the need ever arises.