Bill of Rights

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The Bill of Rights is the first 10 Amendments of the Constitution. It grants rights to each individual state and the general public that the Federal Government does not have. James Madison proposed the Bill of Rights on June 8th, 1789, and it became effective on December 15th, 1791. Madison originally proposed twelve Amendments but Congress only ratified Amendments three to twelve. The Bill of Rights plays an essential role in today’s law and government.

Amendment I

The first amendment guarantees our five basic human rights: our freedom of speech, petition, press, assembly, and religion. We can freely criticize our government, peacefully assemble and protest, petition our government for change, and practice your religion of choice. Congress cannot make laws that prohibit any of these rights.

Amendment II

On June 26, 2008, Congress ruled that the Second Amendment to the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense. It also ruled that two District of Columbia provisions, one that banned handguns and one that required lawful firearms in the home to be disassembled or trigger-locked, violate this right.

Amendment III

The government cannot force citizens to house soldiers no matter what state of war the country is in. This amendment is not very relevant in the present day, but it was a big deal in the 1700’s.

Fun Fact!

Britain enacted the Quartering Acts of 1765 to shelter their troops who fought in the French and Indian War. British soldiers exploited this act when the war was over, barging into private colonial residences without any penalties. After the Boston Tea Party, the Quartering Acts of 1774 was enacted to give British troops the right to occupy any building without having to reimburse the owner. When American colonists became American citizens, one of the most voiced concerns was for something like the Quartering Acts to never happen again, so it became the Third Amendment of the U.S. Constitution.

Amendment IV

The Fourth Amendment protects citizens from being searched or having their property taken illegally. The police can’t come into our homes without a search warrant or take our private property.

No-Knock Warrants

A no-knock warrant is a search warrant authorizing police officers to enter certain premises without first knocking and announcing their presence or purpose prior to entering the premises. Such warrants are issued where an entry pursuant to the knock-and-announce rule (ie. an announcement prior to entry) would lead to the destruction of the objects for which the police are searching or would compromise the safety of the police or another individual.

Amendment V

You don’t have to take the witness stand against yourself if you may end up incriminating yourself. Which is why when you are arrested, you have “the right to remain silent” or to “plead the 5th”. Persons cannot be held or put on trial without being charged with a crime. The fifth also includes protection from being tried with the same crime twice, and the right to life, liberty, and property unless taken by due process of law.

Miranda Rights

The U.S. Constitutional basis for the Miranda rights is in the Fifth Amendment and the Sixth Amendment of the U.S. Constitution. The Fifth Amendment dealing with a person’s right against self-incrimination, which applies not only when they’re on the witness stand in court but in any context. Citizens have the right not to speak to the police and say things that might incriminate themselves. There's also the Sixth Amendment right to have counsel when they are under arrest when they are suspected of a crime; the Sixth Amendment right to have the protection of counsel.

Miranda Rights Infographic

Amendment VI

The Sixth gives the right to trial by jury, to confront the accusing witness, and to obtain a lawyer if needed. If you’re accused of a crime, you have the right to a speedy public trial and an impartial jury. You also have the right to a lawyer, and the right to take the stand if you choose. This is important because it will prevent the accused from sitting in prison forever and insists that the prosecution proceeds with undue delay.

Miranda Warning

"Miranda warning" refers to the constitutional requirement that once an individual is detained by the police, there are certain warnings a police officer is required to give to a detainee. The Supreme Cort decided that a defendant cannot be questioned by police in the context of a custodial interrogation until the defendant is made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if indigent. These warnings stem from the Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel.

Amendment VII

The Seventh says you have the right to a jury trial, where 12 impartial peers decide your innocence or guilt in the courtroom, as opposed to a judge doing it all alone. The Seventh also extends the rights before it to civil or common cases.

Fun Fact

In the Bill of Rights, it is exactly written for the 7th amendment to only be applied to cases valued over $20.

Amendment VIII

The Eighth Amendment prohibits excessive fines, as well as cruel and unusual punishment.

Death Penalty

The Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment, but the Eighth Amendment does shape certain procedural aspects regarding when a jury may use the death penalty and how it must be carried out.

Amendment IX

The Ninth and Tenth Amendments usually go together and are called the non-rights amendments. They say that the rights not listed in the Bill of Rights are retained by the people in the states. We have other rights that are not listed in the Constitution, and the states have the right to make their own policies.

Amendment X

The Tenth takes all of the power not specifically given to the federal government by the Constitution and gives it to the states and the people.

Example of States Rights: Marijuana

In the early 1900's marijuana was a foreign term, and was not known to be medicinal. It was used by many immigrants flooding into the U.S. As a tactic to control people by controlling their customs, marijuana was demonized enough to be made illegal. During hearings on marijuana law in the 1930’s, claims were made about marijuana’s ability to cause men of color to become violent and solicit sex from white women. This imagery became the backdrop for the Marijuana Tax Act of 1937 which effectively banned its use and sales. n 1996, California became the first state to approve the use of marijuana for medical purposes, ending its 59-year reign as an illicit substance with no medical value.

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