The Fourteenth Amendment And The Sixth Amendment

The Fourteenth Amendment to the Constitution of the United States is perhaps the most sweeping and has likely impacted the general jurisprudence of the Supreme Court the most of any other amendment. This is because, where all other right-protecting amendments protect something specific, the fourteenth amendment was designed to ensure that states guaranteed due process rights, applied the law equally, and protected the “privileges [and] immunities of citizens of the United States.”

The Fourteenth Amendment stopped unlawful actions by states. It also gave Congress the power to enforce the amendment through new laws that benefited and were fair to everyone. The Fourteenth Amendment represents part of the extension of the power of the national government over the states. It has been cited in more court cases than any other part of the Constitution. It made it possible for new legislation that has protected the rights of many throughout the United States and has helped uphold equality.

The original writers of the Constitution had to have noticed the overlap in enumerated powers. Having only the Commerce Clause or only the Tenth Amendment would not harbor the best outcomes. Both are entirely necessary and exist to limit each other. Discretion is the deciding factor for determining which power trumps the other. In McColloch v. Maryland, for example, a state tax on the U.S. Bank would cause negative externalities against all citizens of other states. This is not in the best interest of the majority, or even Maryland in the long haul, to tax the US Bank. The key is to reach the best outcome in terms of majority. The needs of the many outweigh the needs of the few.

Does this violate the Sixth Amendment? “The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know your accusers are and the nature of the charges and evidence against you”.   Conclusion  By a vote of eight to one from the Supreme Court Justices, it was determine that Hurst Sixth Amendment right was violated. Why? In their opinion, the Sixth Amendment requires a jury not a judge, to determine why it is necessary to impose the death sentence. In Florida, the jury does recommend the death sentence, but the judge does not have to take the jury’s thoughts into consideration when deciding the death sentence. The Dissent opinion, the Sixth Amendment does not require that the judge determine why it is necessary to impose the death sentence.   Opinion After the fact, I concluded that Hurst Sixth Amendment rights were violated by Florida Supreme Court. First, the Sixth Amendment does not grant a judge the final verdict on death penalty cases. In such a case the role of the judge is to carry out the final verdict of the

As requested by the committee chair, I have examined the 4th, 5th, and 6th Amendments of our Constitution. It is imperative for the participants of the Constitutional Convention to update, and furthermore, enhance the Bill of Rights. The amendments were created with a valuable perspective on individual rights in the 1700's. Today, in 2010, our country has developed in the use of language, our principles, and our overall society. After close examination of the amendments, it has come to my attention that they no longer read to today's society. Essentially, I would like to continue the amendments using the same guidelines our forefathers used centuries ago, but include new aspects updating the

When we think about the amendment we tend to think about our rights to counsel if they are confronted by an officer. Some of us know our rights and some of us do not, but for this discussion we are asked to address a scenario and examine how a LEO would respond to the situation. For this scenario we will discuss the Fifth and Sixth Amendments.

The Thirteenth, Fourteenth, and Fifteenth Amendments are a really big part of the Constitution for slavery and about the equal rights in the United States. The government created the thirteenth, fourteenth, and fifteenth amendment to allow racial equality in the United States by freeing all of the slaves, giving them the right to get citizenship, and the right to vote. I will be talking about each Amendment and how they were formed and also why.

The 6th Amendment focuses completely on the rights of a person accused of committing a crime by the government. The 6th Amendment contains seven specific protections for people accused of crimes. These seven rights are: the right to a speedy trial, the right to a public trial, the right to be judged by an impartial jury, the right to be notified of the nature and circumstances of the alleged crime, the right to confront witnesses who will testify against the accused, the right to find witnesses who will speak in favor of the accused, and, the right to have a lawyer. The reasoning behind all of these protections goes back to the days of our founding fathers; when under the English law none of these rights were

An individual, whether they are suspects or witnesses, cannot be compelled to give self-incriminating testimony. This is a constitutional right under the Fifth and Sixth amendment used as a basis when discussing the rights of an individual being interviewed or interrogated. The Fifth Amendment refers to no person shall be compelled in any criminal case to be a witness against themselves. The Sixth amendment requires the accused to be informed of the charges against them; any statement they make can be used against them in court, and the right to have counsel present to assist in their defense. The explanation of the individual's rights is called the preinterrogation warning or the “Miranda Warning.” The Miranda Warning consists of four

In regards to human rights, the due process clauses of the Fifth and Fourteenth Amendments are often thought as being violated when civil-asset forfeiture takes place (Worrall, n.p.). The fact that owners of seized property have few means to challenge said in cases in a court of law and are considered guilty until proven innocent only make retrieval of the property that much more difficult. Because asset forfeiture is part of the Civil Justice System, there are no provided attorneys for defendants as their are in most criminal trials. This forces victims who cannot afford an attorney to have slim chances of recovering their property or having their case thrown out altogether because of the absence of a lawyer.

It contains two provisions relevant to the question raised in this simulation exercise. It provides that no state "shall abridge the privileges and US citizens Immunities Regarding the question posed in this exercise, some judges and Commentators have argued that the intent of the Fourteenth Amendment was incorporate all the protections in the Charter of Rights and apply States. For some specific protections the Bill of Rights are Privileges owned by US citizens. A second argument is that the Fourteenth Amendment includes Process Clause because freedoms guaranteed by the Charter of

This paper focuses on the Fourth Amendment and the Fifth Amendment cases of the Supreme court and the exclusionary rule.

Civil rights are also protected by the Fourteenth Amendment, which defends abuse of rights and liberties by the state governments. More of our conceptions of civil rights and liberties have evolved since Jefferson’s day. The Fourteenth Amendment, ratified in 1868, protects citizens against state violations of the rights and liberties certain in the Constitution. Origins of individual rights arose from British which includes the right to speech and a form of the right to bear arms. However, these were incorporated in the US constitution, but the US supreme court

In 1788, nine of the thirteen colonies ratified the Constitution of the United States (U.S.), and along with the Constitution was the Bill of Rights - a list of ten amendments granting U.S. citizens their basic freedoms. Members of the new bicameral legislature, Congress, compromised and agreed on information to create these amendments, protecting U.S. citizens from the actions the federal government commits (Ruckman and Wilson). Some of these amendments are the Second Amendment—the right to bear arms, the Fifth Amendment—the right against self-incrimination and the Double Jeopardy Clause, and the Sixth Amendment—the right to a speedy and public trial. Nonetheless, Congress should eliminate the Double Jeopardy Clause included in the Fifth Amendment since it can hinder the conviction true criminals in court by not allowing newly found evidence or circumstances to be used to re-convict a criminal; in addition, Congress should add a new amendment to the Constitution in which illegal immigrants must apply for U.S. citizenship or a green card, begin to learn English, and assimilate to American customs or they must return to their home country within three years without having the ability to try for American citizenship for another ten years. Many people were not retried due to the Double Jeopardy Clause. For example, OJ Simpson, who murdered Nicole Brown Simpson and Ron Goldman, and Isaac Turnbaugh, who murdered his co-worker in Vermont, both eluded a retrial due to the Double

A persons property is often what they take pride in, which makes it easy to see why the saying “a mans home is his castle” is so popular and widely understood. So when the gates of their castle get knocked down and their treasures taken; the king of the castle is left with nothing to hold as his own. Americans right to be secure is the moat surrounding their castle, it guarantees Americans protection against unreasonable search and seizure. The right to be secure is guaranteed in the 4th amendment of the Bill of Rights, which is a section of the U.S. Constitution listing a citizens guaranteed rights. The U.S. Constitution was written in 1787 but lacked the support required to be ratified; as it needed support from 9 of the 13 states prior to its ratification. The constitution received the backing of its 9th state after adding the Bill of Rights to the Constitution. The addition of a Bill of Rights was required for the support of many states as one of the largest concerns the states had with the Constitution was that the Government would have too much power and control over citizens. So the addition of a Bill or Rights stating what the Government may or may not do as well as guaranteeing the freedoms and rights of citizens helped end the states concerns. The support after the addition of the Bill of Rights led to the Constitutions ratification on March 4th, 1789.