"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."
This amendment states that rights not listed in the constitution for the federal government are reserved for state governments and "the people." Since the federal government represents the American people as a whole, this amendment can be interpreted in a wide array of perspectives. For example, in United States v Darby, the court ruled that the national government has the right to regulate interstate commerce AND industry, allowing the federal government the final say in the Darby Lumber Co. dilemma.
In this video they debate state rights vs. federal rights.
In this video a wedding party performs the thriller dance. One of the rights reserved for the states has to do with marriages and marriage licenses.
Tuesday, October 26, 2010
Ninth Amendment
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
This amendment states that there are laws not specifically listed in the constitution that are still rights granted to citizens. This amendment is similar to the elastic clause because it guarantees rights not specifically listed in the constitution. It has been used in conjunction with other amendments to approve a right in various court cases.
Below is a video about one such case in which the ninth amendment was used: Griswold v Conneticut. In this case the supreme court ruled on our rights to contraceptives as an expansion of our rights to privacy.
This video was created in 1948 when the United Nations proclaimed the Universal Declaration of Human Rights. Many of these rights may not be specifically listed in the Constitution but that does not mean we do not have them as this amendment says.
This amendment states that there are laws not specifically listed in the constitution that are still rights granted to citizens. This amendment is similar to the elastic clause because it guarantees rights not specifically listed in the constitution. It has been used in conjunction with other amendments to approve a right in various court cases.
Below is a video about one such case in which the ninth amendment was used: Griswold v Conneticut. In this case the supreme court ruled on our rights to contraceptives as an expansion of our rights to privacy.
This video was created in 1948 when the United Nations proclaimed the Universal Declaration of Human Rights. Many of these rights may not be specifically listed in the Constitution but that does not mean we do not have them as this amendment says.
Eighth Amendment
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
This amendment essentially limits the government to a level of fairness it must abide by when prosecuting, or enacting a ruling. Its sad, however, that we do not abide by these rules with our POWs and Guantanamo Bay detainees. With these prisoners, our government tends to favor cruel and unusual punishments.
The video below contains a portion in which Sean Hannity the unfortunately popular Fox News host, agrees to be water boarded, a popular torture technique the US uses. I have my donations ready, how about you?
This video is an animated short about "cruel and unusual punishments" inflicted on Asian American teens.
This amendment essentially limits the government to a level of fairness it must abide by when prosecuting, or enacting a ruling. Its sad, however, that we do not abide by these rules with our POWs and Guantanamo Bay detainees. With these prisoners, our government tends to favor cruel and unusual punishments.
The video below contains a portion in which Sean Hannity the unfortunately popular Fox News host, agrees to be water boarded, a popular torture technique the US uses. I have my donations ready, how about you?
This video is an animated short about "cruel and unusual punishments" inflicted on Asian American teens.
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 re-examined in any Court of the United States, than according to the rules of the common law."
This amendment guarantees the right to a trial by jury in civil cases. It allows for the civil cases to be ruled by impartial juries of peers.
This video is of an attorney giving an argument at a civil court case.
Here's a clip for a play called "trial by jury."
This amendment guarantees the right to a trial by jury in civil cases. It allows for the civil cases to be ruled by impartial juries of peers.
This video is of an attorney giving an argument at a civil court case.
Here's a clip for a play called "trial by jury."
Sixth Amendment
"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 where in 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."
This amendment is pretty clear. It guarantees the rights of a trial without undue delay, or "speedy." The trial must be public, to ensure a proper trial. The accused has the right of an impartial jury filled with his or her "peers." The accused has the right to know what he or she is being accused of. The accused has the right to know who is testifying against him or her. And finally, the right to the representation of a lawyer. This amendment is very judicial in nature, in that is basically outlines how trials should go.
Below is the closing argument by Johnnie Cochran in the OJ Simpson trial. Cochran is an established lawyer and a champion at executing the judicial rights granted to us by the US constitution.
Here is a video from a red light camera which debatably violates this amendment. We are allowed the right to face our accuser however in cases dealing with these cameras, the cameras are the accuser. The evidence that these cameras show should be considered hearsay evidence.
This amendment is pretty clear. It guarantees the rights of a trial without undue delay, or "speedy." The trial must be public, to ensure a proper trial. The accused has the right of an impartial jury filled with his or her "peers." The accused has the right to know what he or she is being accused of. The accused has the right to know who is testifying against him or her. And finally, the right to the representation of a lawyer. This amendment is very judicial in nature, in that is basically outlines how trials should go.
Below is the closing argument by Johnnie Cochran in the OJ Simpson trial. Cochran is an established lawyer and a champion at executing the judicial rights granted to us by the US constitution.
Here is a video from a red light camera which debatably violates this amendment. We are allowed the right to face our accuser however in cases dealing with these cameras, the cameras are the accuser. The evidence that these cameras show should be considered hearsay evidence.
Fifth Amendment
"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 offense 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."
This amendment covers a lot of rights. It makes "double jeopardy," or being tried for the same crime twice, illegal. It also allows people to plea the fifth, or to refuse to testify to something that could criminalize or convict them. It states that people cannot be detained or have their rights removed without a proper conviction. It also touches on "eminent domain" or the governments seizing of private property for government use. It states that the government can only seize private land if the landowner is properly compensated. Unfortunately, the government decides what is "just compensation."
The below video is a remix of comedian Dave Chappelle's interpretation of his fifth amendment rights.
Here is an ad for a bail bondsman, someone who will help you pay your bail.
This amendment covers a lot of rights. It makes "double jeopardy," or being tried for the same crime twice, illegal. It also allows people to plea the fifth, or to refuse to testify to something that could criminalize or convict them. It states that people cannot be detained or have their rights removed without a proper conviction. It also touches on "eminent domain" or the governments seizing of private property for government use. It states that the government can only seize private land if the landowner is properly compensated. Unfortunately, the government decides what is "just compensation."
The below video is a remix of comedian Dave Chappelle's interpretation of his fifth amendment rights.
Here is an ad for a bail bondsman, someone who will help you pay your bail.
Fourth Amendment
"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."
The fourth amendment guarantees our rights against unreasonable searches and seizures. It requires that police officers or other people that need to perform a search or seizure must first obtain a proper warrant signed by a proper authority (a judge). This amendment is designed to protect our personal privacy and property.
The video below is about a proposed law that would assuredly be an infringement of our fourth amendment rights. It would essentially allow police officer the ability to draw blood on the spot if the "suspect" someone of drinking and driving.
This video is about a warrants program police wish to enact in Baltimore.
The fourth amendment guarantees our rights against unreasonable searches and seizures. It requires that police officers or other people that need to perform a search or seizure must first obtain a proper warrant signed by a proper authority (a judge). This amendment is designed to protect our personal privacy and property.
The video below is about a proposed law that would assuredly be an infringement of our fourth amendment rights. It would essentially allow police officer the ability to draw blood on the spot if the "suspect" someone of drinking and driving.
This video is about a warrants program police wish to enact in Baltimore.
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 was important to the colonist because they were forced to quarter British soldiers before the American Revolution. It probably does not have as much importance today because we have plenty of barracks and places to house soldiers outside of our homes. Also, we have not and probably will not fight a war on our own soil in a long time, thus rendering this amendment pretty useless.
In this video a soldier talks about the newly updated barracks because in this country our soldiers live in barracks, they don't force themselves into our home.
In this video a couple of guys put on a skit about our third amendment rights.
This amendment was important to the colonist because they were forced to quarter British soldiers before the American Revolution. It probably does not have as much importance today because we have plenty of barracks and places to house soldiers outside of our homes. Also, we have not and probably will not fight a war on our own soil in a long time, thus rendering this amendment pretty useless.
In this video a soldier talks about the newly updated barracks because in this country our soldiers live in barracks, they don't force themselves into our home.
In this video a couple of guys put on a skit about our third amendment rights.
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