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The Bill of Rights

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Ashley Hoyt

on 2 October 2012

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Transcript of The Bill of Rights

By Ashley Hoyt The Bill Of Rights Freedoms, Petition, and Assembly The First Amendment Historical Examples The Right to Bear Arms The Second Amendment Historical Examples Quartering of Soldiers The Third Amendment Historical Examples Search and Arrest The Fourth Amendment Historical Examples Rights in Criminal Cases The Fifth Amendment Historical Examples Right to a Fair Trial The Sixth Amendment Historical Examples Rights in Civil Cases The Seventh Amendment Historical Examples Bails, Fines, and Punishment The Eighth Amendment Historical Examples Rights Retained by the People The Ninth Amendment Historical Examples States' Rights The Tenth Amendment Historical Examples Importance in Society Sixth Amendment Importance in Society Work Cited The purpose of the first amendment is to guarantee the people the main freedoms of speech, religion, press, petition, and assembly. Today, although we are fighting a war on Terror against extremists of the muslim faith, we can't deny U.S. citizens that are muslim the ability to practice their faith. Examples The freedom of speech and assembly allowed Martin Luther King Jr. to give his "I have a dream" speech while petitioning for Civil Rights. People are allowed to gather on Wall Street and protest economic inequality and corporate greed because of the freedom of assembly. In the court case Wisconsin vs. Yoder, the Amish communities' right to freedom of religion was challenged when Wisconsin was trying to force Amish kids to go to school. Examples The purpose of the second amendment is to allow citizens to carry their own protection in case of revolt or war. There are many arguments over the right to bear arms. One such case in Idaho, a second year law student is suing Idaho university because he can not store his gun in student housing where he lives. The states wanted the right to bear arms in case of revolt. This enabled slave owners protection against rebellious slaves and in case states needed to revolt against the government. Citizens can not be forced by the government to house soldiers even in a time of war. Because this amendment is in effect there are no modern examples. In the Revolutionary War the British passed the Quartering Act which made citizens house British soldiers even if they didn't want to. The second amendment is very much debated, and the shootings at Virginia tech have heated the debate across the country. Should guns be avalibile to all? In the Southern Black Codes before the Civil rights movement in some states negros were prohibited from bearing arms. This goes against the second amendment. The fourth amendment protects citizens from being forcefully searched and arrested. In the case Missouri vs. McNeely, McNeely was not convicted of DUI because the officer forced him to have a blood test without a warrant. Under this amendment teachers and administration can not search your possessions such as your backpack without permission. Before and during the revolutionary war, the British searched ships and shops without cause and arrested colonists. In 1989, in Florida vs. Riley it was ruled that police officers could observe people's property from the public airspace. The fifth amendment states that no person can be forced to testify against themselves or be punished for the crime they already served time for. In the 2004 case, Hibel vs. Sixth Judicial District of Nevada, it was ruled that it does not violate the fifth amendment to answer an officer if they ask you to identify yourself. In fact, if you don't you can be charged with obstruction. However, you do not need to answer any questions asked after. If for example, you were charged with theft of a diamond and went to jail but were innocent, you could technically steal the exact diamond after your sentence and be unable to be charge again. In the 1966 case Miranda vs. Arizona, Miranda who had not been informed of the fifth amendment rights was granted a retrial because he wasn't informed. This case led to what is known today as the "Miranda rights" and they must be read to you before you are arrested. The sixth amendment guarantees everybody the right to a fair, speedy trial with a jury of peers, and be allowed to defend yourself. Also, you must be able to cross examine witnesses. It is allowed for the jury to hear a dead man's words as a determining factor at trial even though the man is not there for cross examination. Before the Revolutionary War, the British took arrested colonists back to England to be tried, usually without a jury or with a jury unsympathetic towards the colonists. It also could take weeks or years before a person was tried because of the time it took to go overseas. The Seventh amendment states that any crime or suit over twenty dollars must be tried by a jury. Also, your rights must be preserved during the case and details can not be reexamined after the fact . Because of the seventh amendment all trials have a jury and judge present. So there aren't any examples where the amendment has been debated or challenged The seventh amendment was put into effect so that the tyranny that happened in the English court system before the Revolutionary war couldn't happen. This way, a jury would always be present and their decision would have a major factor. During the slavery era, slaves would be tried by a jury of whites, or just punished by their masters without trial. This goes against the seventh amendment because they weren't allowed a fair jury. The eighth amendment states that the punishment must fit the crime, and bails and fines can not exceed just amounts. There are many debates about whether the death penalty is cruel and unusual punishment. You can not be fined an exorbitant amount say 20$ for stealing a pack of gum that was only worth 2$. Historically the electric chair has been used in the death penalty. It is a very painful way to die and is not widely used anymore. Also under this amendment, the eye for and eye, a tooth for a tooth punishments of the colonial days can no longer be carried out. In a case prohibiting birth control, the ninth amendment came into question when it was decided whether the right to safe contraceptive practices was an unspoken right granted to the people. The purpose of the ninth amendment is to ensure that the first amendment and unspoken rights such as life, liberty, and pursuit of happiness are granted to the people. This amendment was crucial in getting the support of the Anti-Federalists to ratify the Constitution. The Anti-Federalists were worried that personal rights weren't protected. This amendment is the protection of those rights. The tenth amendment states that any powers not specifically delegated to the national government are state powers. Many states today have legalized medical marajuana, and the federal government can not prosceute users in states where it is legal because it is a states right. This amendment keeps the national government from becoming too powerful, this is one of the conditions taken from the Articles of Confederation. With all the revolutions and uproar in the world today, the first amendment guarantees us the ability to voice our opinions, and rally for those opinions to be heard by people of power. The First Amendment Without the first amendment, our basic freedoms wouldn't exist and we would be controlled by those in power and not be allowed to express ourselves. The right to a fair trial is important because without this people would be unjustly put away separating families and causing uproar in society. Creating fair rules is very important in today's society and to keep the peace you have enforce fair rules. "Bill of Rights and Later Amendments." Historic Documents. Independence Hall Association, 2012. Web. 1 Oct 2012. "United States Bill of Rights." Wikipedia. Wikimedia, 30 Sept 2012. Web. 1 Oct 2012. <http://en.wikipedia.org/wiki/United_States_Bill_of_Rights>. Liptak, Adam. "Jury Can hear Dying Man's words, Justices Say." NY Times. The New York Times, 28 Feb 2011. Web. 1 Oct 2012. <http://www.nytimes.com/2011/03/01/us/01scotus.html>. WISCONSIN v. YODER. The Oyez Project at IIT Chicago-Kent College of Law. 30 September 2012. <http://www.oyez.org/cases/1970-1979/1971/1971_70_110>. "6th Amendment." Revolutionary War and Beyond. Revolutionary War and Beyond, 2012. Web. 1 Oct 2012. <http://www.revolutionary-war-and-beyond.com/6th-amendment.html>. Note: Some of these sites were used more than once for different amendments
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