Tag Archives: amendment

The Right to Bear Arms

Posted: July 12, 2016 at 6:19 am

Miller was subject to two possible interpretations. One, that the Second Amendment is an individual right, but that the right only extends to weapons commonly used in militias (the defendants in Miller were transporting sawed-off shotguns). The second–broader–view of Miller is that the Amendment guarantees no rights to individuals at all, and the defendants lost the case as soon as it was obvious that they were not members of a state militia.

In 2008, the U. S. Supreme Court, in District of Columbia vs. Heller, struck down a Washington, D.C. ban on individuals having handguns in their homes. Writing for a 5 to 4 majority, Justice Scalia found the right to bear arms to be an individual right consistent with the overriding purpose of the 2nd Amendment, to maintain strong state militias. Scalia wrote that it was essential that the operative clause be consistent with the prefatory clause, but that the prefatory clause did not limit the operative clause. The Court easily found the D. C. law to violate the 2nd Amendment’s command, but refused to announce a standard of review to apply in future challenges to gun regulations. The Court did say that its decision should not “cast doubt” on laws restricting gun ownership of felons or the mentally ill, and that bands on especially dangerous or unusual weapons would most likely also be upheld. In the 2008 presidential campaign, both major candidates said that they approved of the Court’s decision.

Heller left open the question of whether the right to bear arms was enforceable against state regulation as well as against federal regulation? In 1876, the Supreme Court said the right–if it existed–was enforceable only against the federal government, but there was a wholesale incorporation of Bill of Rights provisions into the 14th Amendment since then. In 2010, in the case of McDonald v Chicago, the U. S. Supreme Court held (5 to 4) that the 2nd Amendment right has been incorporated through the 14th Amendment’s Due Process Clause and is fully enforceable against the states. The Court, in an opinion written by Justice Alito, proceeded to strike down Chicago’s gun regulation insofar as it prohibited the private possession in the home of handguns for self-defense. Justice Thomas, concurring, would have held the right to bear arms to be a right protected by the Privileges and Immunities Clause of the 14th Amendment, an approach to applying Bill of Rights protections against the states first rejected in the 19th-century Slaughter-House Cases and never used since.

Cases United States vs. Miller (U.S. 1939) District of Columbia vs Heller (U.S. 2008) McDonald v Chicago (U.S. 2010)

Justice Antonin Scalia, for the majority in District of Columbia v Heller (U. S. Supreme Court 2008)

The Supreme Court votes 5 to 4 to strike down a Washington, D. C. ban on the private possession of handguns. Justice Scalia authors majority opinion.

Read the rest here:
The Right to Bear Arms

Posted in Second Amendment | Comments Off on The Right to Bear Arms

Second Amendment Basics | Law Center to Prevent Gun Violence

Posted: July 3, 2016 at 6:25 pm

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 Second Amendment to the US Constitution

Does the Second Amendment prevent effective gun regulations? What is the right to bear arms? Second Amendment litigation has become a critical battleground since the U.S. Supreme Court held, in District of Columbia v. Heller, that the Amendment guarantees an individual right to possess a firearm in the home for self-defense. This decision created a radical shift in the meaning of the Second Amendment, but it doesnt prevent smart gun regulations. In fact, since Heller, courts nationwide have found a wide variety of firearms laws constitutional because they can help prevent gun deaths, injuries, and crimes in communities across the country.

The Law Center not only tracks the extensive Second Amendment litigation currently happening nationwide, but also analyzes the trends, to bring you the latest developments in the courts.

Learn more about the 2008 DC vs Heller decision.

Learn more about the 2010McDonald v. City of Chicago decision.

In 2008, the U.S. Supreme Court singlehandedly inserted the judicial system into the ongoing national debate over gun laws in America. In a 5-4 decision inDistrict of Columbia v. Heller, the Court invalidated the District of Columbias handgun ban and firearm storage law, stating for the first time that the Second Amendment protects a responsible, law-abiding citizens right to possess an operable handgun in the home for self-defense.

Heller was unquestionably a radical decision, overturning the Courts previous ruling that the Second Amendment was tied to state militia service. For almost seventy years, lower federal and state courts nationwide had relied on that pronouncement to reject hundreds of Second Amendment challenges.

The Heller decision immediately drew strong criticism from a wide array of legal scholars, historians, advocates and legislators, including a particularly scathing rebuke from respected conservative judge Richard Posner, who noted that, The only certain effect of the Heller decision will be to increase litigation over gun ownership.

In fact, new litigation started almost immediately. The day that Heller was announced, plaintiffs filed a lawsuit challenging the City of Chicagos handgun ban, with a second suit filed the next day. Other suits emerged soon after, escalating once the Supreme Court confirmed that the Second Amendment also applied to state and local laws in 2010s McDonald v. City of Chicago decision. After that case, the number of lawsuits challenging gun laws nationwide skyrocketed.

Thankfully, despite the explosion of litigation, courts across the country have rejected the overwhelming majority of Second Amendment challenges initiated since Heller. Gun rights advocates and criminal defendants across the country have sought to expand the Second Amendment to invalidate almost every gun law on the books today. In siding with us and the majority of Americans who support sensible gun laws, courts are finding that smart laws arent just constitutionaltheyre also critical to keeping our communities safe from gun violence.

Here is the original post:
Second Amendment Basics | Law Center to Prevent Gun Violence

Posted in Second Amendment | Comments Off on Second Amendment Basics | Law Center to Prevent Gun Violence

Law Center to Prevent Gun Violence Second Amendment Rights

Posted: May 19, 2016 at 2:42 pm

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 Second Amendment to the U.S. Constitution

Does the Second Amendment prevent effective gun regulations? What is the right to bear arms? Second Amendment litigation has become a critical battleground since the U.S. Supreme Court held, in District of Columbia v. Heller, that the Amendment guarantees an individual right to possess a firearm in the home for self-defense. This decision created a radical shift in the meaning of the Second Amendment, but it doesnt prevent smart gun regulations. In fact, since Heller, courts nationwide have found a wide variety of firearms laws constitutional because they can help prevent gun deaths, injuries, and crimes in communities across the country.

The Law Center not only tracks the extensive Second Amendment litigation currently happening nationwide, but also analyzes the trends, to bring you the latest developments in the courts.

See more recent developments in court >>

See more in-depth resources on the Second Amendment >>

See more amicus briefs >>

Read the original here:
Law Center to Prevent Gun Violence Second Amendment Rights

Posted in Second Amendment | Comments Off on Law Center to Prevent Gun Violence Second Amendment Rights

1st Amendment – Revolutionary War and Beyond!

Posted: January 23, 2016 at 1:46 pm

We are considering offers for the sale of this website. Use the contact form in the left column to contact us for more information.

The 1st Amendment is the most well known to Americans of all the amendments in the Bill of Rights. It contains some of the most familiar phrases in political discussion, such as freedom of religion, freedom of speech and freedom of the press. The 1st Amendment reads like this:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The 1st Amendment protects your right to believe and practice whatever religious principles you choose and your right to say what you believe, even if it is unpopular or against the will of elected officials.

It also protects your right to publish any information you want, join together with whomever you want and ask the government to correct its own errors.

What exactly does the 1st Amendment mean and how does it apply to people today? Does it have relevance to you today? It sure does. In fact, it affects just about everything you do.

The 1st Amendment has seven clauses. This page has a brief description of each clause with links to more detailed information about the history and purpose of each section.

The Opening Phrase of the 1st Amendment says “Congress shall make no law.” This opening phrase immediately tells exactly who this amendment is aimed at… and that entity is Congress. So the 1st Amendment specifically prohibits Congress from making laws interfering with the rights mentioned in the amendment.

It does not however, prohibit the states from making such laws, nor does it prohibit individuals from restricting these rights to those who may be under their authority, such as a parent and child or an employer and an employee.

For one hundred years the 1st Amendment was understood to only apply to the federal government, but after the Civil War and the 14th Amendment was added to the Constitution, courts began to forbid the states to interfere with these rights as well due to an idea called “due process of law.”

Learn more about the Opening Phrase of the 1st Amendment here.

The Establishment Clause is the part of the 1st Amendment that says Congress shall make no law “respecting an establishment of religion.” This is a very crucial part of the American Constitution. It prohibits the government from establishing a state religion or denomination and from directing people in what they must believe.

Without the Establishment Clause, the government could choose a state religion and force everyone to participate in it. It could also punish anyone who didn’t adhere to its chosen faith.

This clause has been the focus of much debate in the last half century. Some Americans believe that whenever the government is involved, absolutely all religious expression must be forbidden in order to comply with the Establishment Clause.

For example, they might say a public school football team should not pray at a football game because the school is a government funded school.

Other Americans believe the government must make certain allowances for religious expressions in public events and buildings because Americans are a very religious people. They belive a high school football team prayer or a government employee displaying a cross at work does not violate the Establishment Clause because it is simply a personal expression and not an expression endorsed by the state.

Indeed, in the minds of some, banning expressions of religious faith like this is a violation of another clause of the 1st Amendment – the Free Exercise Clause, because it seeks to control the religious expressions of citizens.

Learn more about the history and purpose of the Establishment Clause here.

The Free Exercise Clause is the part of the 1st Amendment that says Congress shall make no law respecting the establishment of religion or “the free exercise thereof.” This phrase deals with the restriction on Congress to regulate anyone’s religious practices.

In general, Congress cannot tell people how they can or cannot express their religious beliefs. Such things as telling people when or how to pray, when they should go to church or to whom they should pray, are off limits to lawmakers.

In general, this is the case, but sometimes, minority religious groups may want to practice something that is not generally accepted or that the state has a very strong interest in regulating. For example, polygamy, ritual sacrifice and drug usage have been banned at times, because there is a compelling public interest in eliminating these behaviors.

In such cases, the Supreme Court has often ruled that the Free Exercise Clause does not apply. In other words, the Free Exercise Clause does not give free license to any behavior that someone says is their religious belief.

You can learn all about the Free Exercise Clause here.

The Freedom of Speech Clause is the part of the 1st Amendment that says, “Congress shall make no law… abridging the freedom of speech.”

British history contained a long string of suppression by those in authority of those with whom they disagreed. Many British subjects had been thrown in prison for voicing their religious and political beliefs. The Americans intended to prevent this from ever happening in their newly formed republic.

This is one of the protections in the Constitution that Americans hold most dear. They value it because it allows them to speak out against government policies they don’t like. It also allows them to express the religious beliefs of their choosing.

Negatively speaking, many people abuse this right by slandering people they disagree with, or using ugly and offensive language, racial epithets or hateful language about people who are different than they are.

Generally, freedom of speech is considered to be not only the words people speak, but any type of expression that is used to convey an idea. Such things as picketing, wearing symbols or burning the flag are considered protected forms of speech because they are expressing the ideas of the people participating in them.

You can learn more about the Freedom of Speech Clause by clicking here.

The Freedom of the Press Clause states that “Congress shall make no law… abridging the freedom… of the press.”

This was a very important principle to the Founding Fathers of America because of the importance the press played during the Revolutionary War.

Without the press, the Founding Fathers would have found it very difficult to distribute their views to people in other parts of the country. The press turned out to be a very important instigation in getting Americans to consolidate their views against England and in spreading the concepts that would justify a break with England.

English history contained no freedoms for the press whatsoever. All publications were subject to governmental review before publication. Criticisms of the government were strictly prosecuted as sedition. All Americans wanted the right to criticize their government freely as well as to discuss other topics whenever they chose.

If you would like to learn more about the Freedom of the Press Clause, please click here.

The Freedom of Assembly Clause is the part of the Fi
rst Amendment that reads like this: “Congress shall make no law… abridging… the right of the people peaceably to assemble…” This clause is also sometimes referred to as the Freedom of Association Clause. This clause protects the right to assemble in peace to all Americans.

The Freedom of Assembly was very important to early Americans because without the right to assemble, they could not coordinate their opposition to the British government. The Freedom of Assembly was recognized to be of utmost importance if the Americans were to be successful in establishing a government of the people.

The Freedom of Assembly Clause has been relied upon by many groups in American history, such as civil rights groups, women’s suffrage groups and labor unions. Government officials in each case tried to restrict the speech of these groups and prevent them from meeting, organizing and getting their message out. The Freedom of Assembly proved to be an important factor that allowed these groups to prosper and see their visions fulfilled.

You can learn more about the history and importance of the Freedom of Assembly Clause here.

Click to enlarge

King George III

by Allan Ramsay

The Freedom of Petition Clause of the 1st Amendment reads like this:

“Congress shall make no law… abridging the freedom… of the people… to petition the Government for a redress of grievances.”

The freedom to petition the government was very important to early Americans because of their experience with trying to get King George III and Parliament to respond to their grievances. The colonists were so angry about the Monarchy’s refusal to acknowledge their grievances that they mentioned this fact in the Declaration of Independence.

The freedom to petition the government for redress of grievances has come to include the right to do such things as picketing, protesting, conducting peaceful sitins or boycotts and addressing government officials through any media available.

You can read more about the history and meaning of the Freedom of Petition Clause here.

Preamble to the Bill of Rights Learn about the 1st Amendment here. Learn about the 2nd Amendment here. Learn about the 3rd Amendment here. Learn about the 4th Amendment here. Learn about the 5th Amendment here. Learn about the 6th Amendment here. Learn about the 7th Amendment here. Learn about the 8th Amendment here. Learn about the 9th Amendment here. Learn about the 10th Amendment here.

Read the Bill of Rights here.

Learn more about the Bill of Rights with the following articles:

Last updated 8/7/12

Return to top of 1st Amendment

Revolutionary War and Beyond Home

See more here:
1st Amendment – Revolutionary War and Beyond!

Posted in First Amendment | Comments Off on 1st Amendment – Revolutionary War and Beyond!

What is the Fifth Amendment of the US Constitution?

Posted: October 19, 2015 at 9:43 am

anon170073 Post 6

To poster 4. By “loved one” do you mean a wife/husband or more along the lines of a girlfriend? Technically, a spouse is able to plead the fifth in cases dealing with their significant other. It isn’t required that you do or do not plead the fifth though, but you cannot be forced to incriminate them.

Can you use the fifth amendment in a simple assault case?

does the fifth amendment apply when you have been ordered to testify against a loved one? Do you have to testify or can you “plead the fifth” to not incriminate a loved one?

My question was and has not been answered yet. How does the 5th Amendment to the US constitution involve the taking of real property without just compensation? Very important and what are the consequences?

Moderator’s reply: Unfortunately, we are not equipped to respond to specific questions, which is why we created this discussion section on each article page. In this section, a reader may discuss article topics with other readers. Whether and when your questions will be answered, however, depends on fellow readers and posters.

Under provisions of the Fifth Amendment, can a defendant be required to produce, before the time of trial, relevant evidence to the prosecution?

How does the 5th Amendment to the US Constitution involve the taking of Real Property without just compensation?

Original post:
What is the Fifth Amendment of the US Constitution?

Posted in Fifth Amendment | Comments Off on What is the Fifth Amendment of the US Constitution?

First Amendment – constitution | Laws.com

Posted: at 4:44 am

The First Amendment of the United States Constitution is contained in the Bill of Rights. The First Amendment has proven to be one of the most fundamental and important in respects to the rights attributed to the populace of the United States. Originally, the First Amendment was implemented and applied solely to Congress. However, by the beginning of the twentieth century, it was upheld that the First Amendment is to apply to all forms of government, including state and local levels. The Supreme Court decided that the Fourteenth Amendment Due Process Clause would apply to the 1st Amendment, and thus rendering such a decision.

As stated in the United States Constitution, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, of of the press; or the right of the people peaceably to assemble and to petition the Government for a redress of grievances. Though a relatively short and concise assertion, the text provides for quite an encompassing set of rights that protect the citizens of the United States, and some of the most important and basic human rights. The First Amendment has many clauses that relate to each of the concepts that it sets out to protect. Religion is discussed in two clauses, one regarding the establishment of religion, and the other the free exercise of religion.

This proves to be one of the most important rights to secure by the Fathers of the Constitution, for so many people of European descent immigrated to the American Colonies to avoid religious persecution, and to find a safe haven to practice their religion of choice without any dire consequences. The First Amendment prohibits the government to establish a formal or national religion for the nation. It also addresses that there will be no preference of any particular religion, including the practice of no religion, or non religion.

The 1st Amendment guarantees the people of the United States the free exercise of religion, without interference from governmental factions. This right would also extend to any organization or individual infringing on such right, and would be deemed as unconstitutional.

One of the most commonly referred to clauses under the 1st Amendment is the freedom of speech. This clause has proven to be of great importance, particularly in the twentieth century and continues on with such regard in our lifetime. Under the text of the First Amendment, many issues are addressed regarding Freedom of Speech, and restrictions to exist in which such a practice may prove to be harmful to the general population or public. An example is the concept of sedition, and how this conduct can lead to insurrection against the government.

Other concepts also addressed include commercial speech, political speech, obscenity, libel, slander, and symbolic speech, such as the desecration of the American Flag. Under the First Amendment, there have been important and key court cases that have established a form precedence in how to apply the Amendment to these kinds of circumstances. The Freedom of the press is also included, and subject to similar restrictions as the freedom of speech.

The rights to petition and assembly often seem to be overlooked, for freedom of religion and speech are most commonly associated with the 1st Amendment. The right to petition is important because it gives citizens the opportunity to address their government in issues that have relevance and importance to the commonwealth. The formulation of an assembly, under the First Amendment, can be interpreted as citizens gathering and unifying for the purpose of communicating views or opinions on national issues, and for the relaying of pertinent information. The right to assembly is often related to that of petition, in such a way where citizens may assemble in the process of petitioning the government.

comments

See original here:
First Amendment – constitution | Laws.com

Posted in First Amendment | Comments Off on First Amendment – constitution | Laws.com

Court Rules Illegal Aliens Have Second Amendment Rights …

Posted: August 27, 2015 at 11:44 am

A recent decision by theU.S. Seventh Circuit Court of Appeals that says illegalalienswhat the left likes to call undocumented immigrantsenjoy a Second Amendment right to bear arms, even if their presence in this nation is criminal.

In the case of a Milwaukee man deported over a single .22 caliber cartridge, a federal appeals court ruled last week that even unlawful immigrants can be part of the public that enjoys a Second Amendment right to keep a gun for self defense.

The U.S. 7th Circuit Court of Appeas said even undocumented immigrants can be part of the people protected by the Bill of Rights, though it upheld the mans conviction on a specific law that prohibits most such persons from having guns.

It is now clear that the Second Amendment right to bear arms is no second-class entitlement, (and) we see no principled way to carve out the Second Amendment and say that the unauthorized (or maybe all noncitizens) are excluded, Judge Diane Wood wrote for a panel that included judges Richard Easterbrook and Joel Flaum.

No language in the Amendment supports such a conclusion, nor, as we have said, does a broader consideration of the Bill of Rights.

Because four other federal circuit courts have come to the opposite conclusion, legal commentators were quick to suggest the issue of whether undocumented immigrants have Second Amendment rights could now be headed for the U.S. Supreme Court.

While rejecting the idea that undocumented immigrants could never have any rights under the Second Amendment, Wood noted that even for citizens, those rights are not unlimited. She found that a federal law tailored to keep guns out of the hands of undocumented immigrants like gun restrictions imposed on felons and those convicted of domestic violence was constitutional, and upheld the conviction on those grounds.

My basic, over-riding belief on the Second Amendment is that any case involving the right to keep and bear arms should be held to the legal standard of strict scrutiny, and that all law-abiding citizens and legal resident aliens should have the right to keep and bear arms.

This case, however, is stating that criminals who arent citizens nor legal resident aliens have Second Amendment rights and Im having a hard problem with that. Im apparently not alone, as the Fourth, Fifth, and Eighth Circuit court arent buying the argument, either. The split among the courts suggests that the basic issue will head to the U.S. Supreme court at some point.

Something that makes me even more leery about this case is that the progressives at Think Progress gleefully predict that if the Seventh Circuits views hold, they could use it to win even more rights for illegal aliens. In specific, theyre hoping these illegals will get expanded First, Fourth, and Fourteenth Amendment protections if United States vs. Meza-Rodriguez holds. Put another way, theyre hoping this Second Amendment case will turn into an anchor baby that makes it more difficult to send criminal aliens back home.

Call me a butter if you want, but I dont think for a second that the Founding Fathers would support the concept of granting criminal invaders the same legal status as legal immigrants, legal resident aliens, and citizens. Lets hope that when this case makes it to the Supreme Court that the justices with the Fourth, Fifth, and Eighth circuit courts.

See original here:
Court Rules Illegal Aliens Have Second Amendment Rights …

Posted in Second Amendment | Comments Off on Court Rules Illegal Aliens Have Second Amendment Rights …

The five extra words that can fix the Second Amendment …

Posted: August 13, 2015 at 3:53 am

By John Paul Stevens April 11, 2014

Following the massacre of grammar-school children in Newtown, Conn., in December 2012, high-powered weapons have been used to kill innocent victims in more senseless public incidents. Those killings, however, are only a fragment of the total harm caused by the misuse of firearms. Each year, more than 30,000 people die in the United States in firearm-related incidents. Many of those deaths involve handguns.

The adoption of rules that will lessen the number of those incidents should be a matter of primary concern to both federal and state legislators. Legislatures are in a far better position than judges to assess the wisdom of such rules and to evaluate the costs and benefits that rule changes can be expected to produce. It is those legislators, rather than federal judges, who should make the decisions that will determine what kinds of firearms should be available to private citizens, and when and how they may be used. Constitutional provisions that curtail the legislative power to govern in this area unquestionably do more harm than good.

The first 10 amendments to the Constitution placed limits on the powers of the new federal government. Concern that a national standing army might pose a threat to the security of the separate states led to the adoption of the Second Amendment, which provides 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.

For more than 200 years following the adoption of that amendment, federal judges uniformly understood that the right protected by that text was limited in two ways: First, it applied only to keeping and bearing arms for military purposes, and second, while it limited the power of the federal government, it did not impose any limit whatsoever on the power of states or local governments to regulate the ownership or use of firearms. Thus, in United States v. Miller, decided in 1939, the court unanimously held that Congress could prohibit the possession of a sawed-off shotgun because that sort of weapon had no reasonable relation to the preservation or efficiency of a well regulated Militia.

When I joined the court in 1975, that holding was generally understood as limiting the scope of the Second Amendment to uses of arms that were related to military activities. During the years when Warren Burger was chief justice, from 1969 to 1986, no judge or justice expressed any doubt about the limited coverage of the amendment, and I cannot recall any judge suggesting that the amendment might place any limit on state authority to do anything.

Organizations such as the National Rifle Association disagreed with that position and mounted a vigorous campaign claiming that federal regulation of the use of firearms severely curtailed Americans Second Amendment rights. Five years after his retirement, during a 1991 appearance on The MacNeil/Lehrer NewsHour, Burger himself remarked that the Second Amendment has been the subject of one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime.

In recent years two profoundly important changes in the law have occurred. In 2008, by a vote of 5 to 4, the Supreme Court decided in District of Columbia v. Heller that the Second Amendment protects a civilians right to keep a handgun in his home for purposes of self-defense. And in 2010, by another vote of 5 to 4, the court decided in McDonald v. Chicago that the due process clause of the 14th Amendment limits the power of the city of Chicago to outlaw the possession of handguns by private citizens. I dissented in both of those cases and remain convinced that both decisions misinterpreted the law and were profoundly unwise. Public policies concerning gun control should be decided by the voters elected representatives, not by federal judges.

In my dissent in the McDonald case, I pointed out that the courts decision was unique in the extent to which the court had exacted a heavy toll in terms of state sovereignty. . . . Even apart from the States long history of firearms regulation and its location at the core of their police powers, this is a quintessential area in which federalism ought to be allowed to flourish without this Courts meddling. Whether or not we can assert a plausible constitutional basis for intervening, there are powerful reasons why we should not do so.

Across the Nation, States and localities vary significantly in the patterns and problems of gun violence they face, as well as in the traditions and cultures of lawful gun use. . . . The city of Chicago, for example, faces a pressing challenge in combating criminal street gangs. Most rural areas do not.

Read more:
The five extra words that can fix the Second Amendment …

Posted in Second Amendment | Comments Off on The five extra words that can fix the Second Amendment …

The Fifth Amendment – Term Papers – Nana2327

Posted: August 9, 2015 at 8:44 am

The Fifth Amendment states that people have the right to have a trial if they are accused of a committing crime. The creators of the Bill Of Rights probably thought that people falsely accused should have their rights like anyone else. It also says that if their private property is taken for public use, the owners would get something in return.

The exact words in this amendment say, 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 offence 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 was made in the 18th century, some time in 1791, to protect the privileges of the citizens over the cruel government. It was important then and still is now because it gives people the right to be tried by a jury for committed crimes, the choice to be tried twice for doing the same felony, and the opportunity to gain something from their loss of their private property due to being used for public use. For example: if part of your yard was to be demolished in order to build a new road on your street, you would have the right to receive something/compensation in return from the government because they took your private property for public use.

There is a term called pleading the fifth. When you plead the fifth, you are using your Fifth Amendment right to not incriminate yourself with testimony. The Fifth Amendment says you have the right to not testify and incriminate yourself. It means you don’t want to say anything that might make you look bad or sound guilty….

Read more from the original source:
The Fifth Amendment – Term Papers – Nana2327

Posted in Fifth Amendment | Comments Off on The Fifth Amendment – Term Papers – Nana2327

Second Amendment – Text, Origins, and Meaning

Posted: July 12, 2015 at 2:44 pm

Dieter Spears/Photodisc/Getty Images

Text of Amendment:

Origins:

Having been oppressed by a professional army, the founding fathers of the United States had no use for establishing one of their own. Instead, they decided that an armed citizenry makes the best army of all. General George Washington created regulation for the aforementioned “well-regulated militia,” which would consist of every able-bodied man in the country.

Controversy:

The Second Amendment holds the distinction of being the only amendment to the Bill of Rights that essentially goes unenforced. The U.S. Supreme Court has never struck down any piece of legislation on Second Amendment grounds, in part because justices have disagreed on whether the amendment is intended to protect the right to bear arms as an individual right, or as a component of the “well-regulated militia.”

Interpretations of the Second Amendment:

There are three predominant interpretations of the Second Amendment:

Where the Supreme Court Stands:

The only Supreme Court ruling in U.S. history that has focused primarily on the issue of what the Second Amendment really means is U.S. v. Miller (1939), which is also the last time the Court examined the amendment in any serious way. In Miller, the Court affirmed a median interpretation holding that the Second Amendment protects an individual right to bear arms, but only if the arms in question are those that would be useful as part of a citizen militia. Or maybe not; interpretations vary, partly because Miller is not an exceptionally well-written ruling.

Read the original:
Second Amendment – Text, Origins, and Meaning

Posted in Second Amendment | Comments Off on Second Amendment – Text, Origins, and Meaning