The founding fathers created the Constitution but it lacked security, Anti Federalist argued that their rights were necessary to protect their individual's liberty. James Madison created amendments that would place limits on government power including the bill of rights, which are the first Ten Amendments. The Bill of Rights guarantee protections and freedom of United States citizens. For example the Second Amendment states that a well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. The Fourth Amendment’s states that the rights 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 causes. The Fifth Amendments also states that everyone has a right to due process of law, freedom from self-incrimination and double jeopardy lastly the Tenth Amendment , 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. They have all opened themselves up to controversy and debate. The Second Amendments has cause the most debate as of now because of all the mass shooting that has been happening since the Newtown Connecticut shooting and recently the las Vegas shooting. The question is should we get rid of the second amendment or should the
The Bill of Rights is a document that guarantees many unalienable rights to the American citizens. These rights include freedom of speech, freedom of press, freedom of religion, etc. The Bill of Rights affects my life in many ways; this can be seen through the First Amendment, Second Amendment, and the Fourth Amendment of the Bill of Rights.
Military people can go to trial without the grand jury decision, it is a case when military person commits a crime during a war or a national emergency.
According to the United States Constitution and the Bill of Rights, the Fourth Amendment can be best defined as an amendment providing 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 (Fourth, 2012). In general terms, the Fourth Amendment protects from illegal searches and seizures performed by governmental agents. In 1763, William Pitt stated that under any circumstance or living condition, whether the roof was falling in or the walls allowed wind through, even the King of England was not allowed entrance into ones home (History, 2016).
]The constitution, it is quite possibly the largest piece of the puzzle that makes America what it is. This document allows the American people to be who they are. The constitution and its amendments outline the rules that are to be followed by and the rights that are given to the people and the government.
The three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be secure in their persons, papers, and effects, against unreasonable searches and seizures. (Peak, 2015, p.181). The Fifth Amendment protects the accused against self-incrimination, double jeopardy, and life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they cannot be tried for the same offense twice, and their right to life, liberty, and property are protected under the law. (Peak, 2015, p.193). The Sixth Amendment is the right to counsel. Any person who is accused of a crime has the right to counsel for their defense, a speedy and public trial by an impartial jury, to be informed of the nature of their crime which also includes Miranda rights, and to be confronted with the witness against him/her while also having witnesses of their own. (Peak, 2015, p.195). These three Amendments in summary mean to me, that any person who is accused of a crime is innocent until proven guilty and their rights are just as important as anyone else. They have the natural born right to have their rights as citizens protected under the law, and ensure fair treatment from law enforcement officers.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Since the time the framers of the constitution, technology has improved significantly which has led to an increasing concern in the privacy of an individual. Technology, used by government agencies and commercial enterprises, has led to a change in one’s privacy and freedom. For this reason, the agencies and enterprises have been called into question of infringement of the fourth. Using the lessons learned from history, the framers of the constitutions created the fourth amendment, which protects from unreasonable searches, and the fifth amendment, which prevents a person from incriminating himself or herself, to create a government with just laws, but with the advancement in technology, the fourth amendment needs to expand its policies to fit the changes in modern society.
presentment and have been indicted by a Grand Jury. This allows for people to “plead the 5th” in court. The text of the Sixth Amendment states that in all and any criminal prosecutions, the accused will be given the right to a public and speedy trial, by an impartial jury of the district and state where the crime took place. The Seventh Amendment gives an individual a right to have a trial by jury instead of judge to some civil cases. The Supreme Court ruled in Justices v. Murray, 76 U.S. 9 Wall. 274 274 (1869), that the Seventh Amendment is not only limited in being applied to civil lawsuits that are tried before juries found in United States courts, but is also applicable in cases that are tried before a jury when at a state court. The
The Second Amendment has become the most talked about the amendment in recent times. In recent years with terrorist attacks and acts of violence on the rise, many people are calling into question the specifics rights of the second amendment. Is it that guns need to be controlled or the people using them? After all, it isn’t guns that kill people, its people that kill people. The second amendment should be eliminated, because it increased the potential for crimes and the number of accidental gun deaths, creates an unsafe environment and legally owned guns are frequently stolen and used by criminals.
Although the constitutions main goal was to establish a strong government after the failed Articles of Confederation, there are still five parts that take part in protecting individual rights of the people. The Bill of Rights, which is the first 10 amendments. Amendment 1: Freedom of religion, speech, and press. Amendment 2: Right to keep or bear arms. Amendment 3: Protection from quartering soldiers. Amendment 4: Protection from unreasonable search or seizure. Amendment 5: Right to due process of law. Amendment 6: Right to trial by jury, speedy trial, public trial, counsel. Amendment 7: Right to civil by trial by jury. Amendment 8: Prohibition of excessive bail and cruel and unusual punishment. Amendment 9: Protection of rights not enumerated in the Constitution. Amendment 10: Protection of the powers of the states and the people. Amendments 14, 15, 19, and 26 are also other amendments/parts that are for the rights of people. Amendment 14 is citizenship rights. This amendment gives citizenship to anyone born
The Second Amendment to the Constitution is one of the most debated issues in the history of the United States of America. The Second Amendment reads, “A well-regulated militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.” CITE
The Bill of Rights which is composed of the first 10 amendments of the constitution included protections for both basic individual liberties and for the states. (Keene, 2011). What started as 13 independent “nations” united as one, “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” PREAMBLE (Keene
When comes to the second question’s answer; the citizens of the United States take power from the Second Amendment of the Constitution to get a gun. Second Amendment of the United States that was adopted in 1791 emphasizes, “Every individual was granted the right of gun ownership and bearing gun” (Diaz, 54). For those citizens who want to buy a gun can put their constitutional rights forward so that all barriers can easily be eliminated in front of owning a gun. People may want to have a gun due to some security concerns, but when a gun falls into wrong people’s hand, it causes unpleasant situations that were proven by some incidents and statistics. According to a survey, which was carried out by the US Centers of Disease Control (CDC), in the United States 32,251 people died in 2011 because of the firearms. 55 percent of these deaths were cause of suicide, 41 percent was homicide, 2 percent was unintentional deaths, 1 percent of deaths were cause of legal intervention, and the other 1 percent was undetermined deaths (Webmester, 19). When looking at the car accident related death data in 2012, which is released by the United States National Highway Traffic Safety administration, 33,561 people in the United States died as a result of car accidents (Webmester, 19). According to the CDC report, the firearms related deaths are expected to surpass the car crash – related deaths by the end of 2015, because the current data trend displays that car crash – related deaths are
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. Proposed following the often times bitter 1787–1788 battle over ratification of the Constitution, and crafted to address the objections raised by Anti-Federalists, the Bill of Rights amendments add certain safeguards of democracy—specific guarantees of personal freedoms and rights; clear limitations on the government's power in judicial and other proceedings; and explicit declarations that all powers not specifically delegated to Congress by the Constitution are reserved for the states or the people—to the Constitution. The concepts codified in these amendments are built upon those found in several earlier documents, including the Virginia
A big issue that also surrounds the removal of the memorials nationwide is the role that the First Amendment plays in the argument. The statues, regardless of their original purpose, remain protected by the freedom of speech clause found in our Constitution. In James Bowman’s article, “Right Side vs White Side”, he plays devil’s advocate to those in favor of keeping the statues in place. Bowman states, “The Unite the Right protesters in Charlottesville were exercising their right to free speech and had a permit for their march. The left-wing protesters who set upon them with clubs and other weapons had no permit and were trying to deny them their right to speak,” (Bowman 3). Even though the basis of the march may have aggravated the left side and caused a headache for the residents in the vicinity, the march occurred legally. We live in a country where one has every right to express their opinions, in addition to formulating new ones, as long as they do not harm others. In fact, in this case, the left side, the so called “right side” in terms of this article, was in the wrong. Intolerant and rigid, they lacked the ability to listen to their own views be criticized and retaliated. Yes, the views expressed by both sides clashed, and yes, the hateful slurs used have no place in modern day society, but it was unfair to use physical actions against the words that were technically protected by society and the Constitution.