The Tenth Amendment

Now that I have reached the Tenth Amendment, I am wrapping up the Bill of Rights.  I will continue onward to discuss the remainder of the Amendments.  Sometimes we forget about the foundations that shaped America, our rights, and freedoms.  It is our duty as Americans to become more knowledgeable about our rights so that we may protect our freedoms.  After all, haven’t many people given their lives so that we can have life as what it is today?

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.”

My interpretation of the Amendment…

In my opinion, the Tenth Amendment is one of the most powerful Amendments and should arguably be an Amendment that is more recognized.  Since many Americans are not aware of what each Amendment entails, it is overlooked as much emphasis is placed on the First and Second Amendments, rightfully so.  The Tenth Amendment is the underlying foundation of the entire Constitution and our Constitutional Rights as citizens.  Basically, the Tenth Amendment explains that the government possesses only those powers delegated to it.  It is our responsibility to elect government officials that represent what is best for America. When officials are voted into office, we have then delegated power to them by our votes.

How has the Amendment been violated?

The Ninth Amendment

From the Heritage Foundation:

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

My interpretation of the Amendment (with help from http://kids.laws.com/ninth-amendment)…

There are other rights that may exist other than the ones mentioned and even if they are not mentioned, it does not mean that they can be violated.  The Ninth Amendment is used today to stop the government from expanding their power rather than simply limiting their power.

How has this Amendment been violated?

The government is expanding and intruding in our lives every day.  This Amendment means nothing to most of the individuals in charge of this corporation that we call America.  Government is expanding and we are suffering.

The Eighth Amendment

From the Heritage Foundation:

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

My interpretation of the Amendment…

When you are detained because of a crime, you may or may not have a large amount of fines or bail set for your crime.  Generally, cruel and unusual punishments refer to sentencing at the end of trials such as not using torturous punishments or disproportionate and excessive punishments.

What do I think about this?

I did not find any government violation, per say, regarding the Eighth Amendment.  Although I am sure it happens on occasion.  I do however, at least where I live, think that punishments for repeat offenders are insufficient.

The Seventh Amendment

From the Heritage Foundation:

“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 jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

My interpretation of the Amendment…

This Amendment allows someone involved in a civil case to have that case heard in front of a jury if the controversy at hand exceeds $20.  The government does not make the decisions, citizens as a jury make the decisions pertaining to your case.

How has the Amendment been violated?

With Obamacare, if you do not comply, you will be fined a monetary amount. I have seen possible fines of up to $5,000. There is no trial for this and no opportunity to appeal or be heard in front of a jury.  According to the seventh Amendment, common law suits that value in a controversy over $20 lends itself the opportunity to be heard in front of a jury. 

The Sixth Amendment

From the Heritage Foundation:

“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 wherein 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 witness against him; to have compulsory process for obtaining witness in his favor, and to have the Assistance of Counsel for his defense.”

My interpretation of the Amendment…

Facts from the Heritage Foundation: An individual’s right to a speedy trial begins from the time of arrest.  An indictment must be filed within 30 days of arrest, and a trial should happen within 70 days of the filing.

When an individual goes to court, he has the right to a public trial with a jury and lawyers present for support.  You cannot be arrested and attained without a fair trial. You have the right to tell your side of the story in a timely manner.

How has the Amendment been violated?

Watch the video:

The Fifth Amendment

As I mentioned a few posts ago, I will be discussing at least one of the Amendments daily.  So far, I have found how the first five Amendments have been violated by our government.  I urge you to learn what your rights are as a United States  citizen.

From the Heritage Foundation:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless 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, not be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

My interpretation of the Amendment:

This Amendment is comprised of several subjects which I will break down into a simpler definition.  As a citizen, you have the right to present your case in court in front of a jury. In reference to the term “double jeopardy,” no person can be convicted of the same crime twice.  It is your right as a citizen to have a fair trial before being convicted of a crime.  It is your right to remain silent until you obtain a lawyer.

How has the Amendment been violated?

See the video:

The Fourth Amendment

In the words from the Heritage Foundation:

“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.”

My interpretation of the Amendment…

Search and seizure is an action when police or other authorities conduct a search of a person’s property and collect evidence.  This is able to happen with a search warrant that is put in place for reasonable cause.  This Amendment protects people’s privacy and reduces unreasonable searches and seizures.

How has the fourth Amendment been violated?…

The NSA has violated the fourth Amendment by searching through individuals’ private lives without probable cause or a warrant.   I have provided this video for evidence:

http://www.youtube.com/watch?v=j-PvHBY-e4k&list=WLAj0Fjxi7Ho7q0DymtK40bVBXAM36c9tV&noredirect=1

Third Amendment

Third Amendment

The accompanying story is found through the link at the bottom of this post.

From the Heritage Foundation:

“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.”

My interpretation of the Amendment…

This Amendment prohibits soldiers from quartering in citizens’ homes unless it has been approved by the legislature.  The British quartered in Americans’ homes due to the lack of army bases.  The most memorable episode regarding British quartering of soldiers was in 1774 to punish the people of Boston under the Intolerable Acts of 1774.

How has the Amendment been violated?

See the story http://rt.com/usa/nevada-third-amendment-lawsuit-710/

The Second Amendment

Second Amendment Definition from “The Heritage Foundation”

“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.”

My interpretation of the second amendment…

The second amendment allows the people of the United States to keep and own  firearms and this right shall not be ratified.  The second amendment should have been the first amendment!

Militia: Early in American history, men were required to be a part of the local militia in their towns.  Almost everyone during this time used and owned guns.   The militias defended their communities against invaders and acted as a police force.  The Militia was also available to be called upon to defend either the State or of the United States of America if it was needed.

Bear arms: The Second Amendment did not specifically explain what categories or types of arms nor did it list what weapons were considered arms, but it definitely included guns. When you bear arms, this means you physically carry a weapon. You may have arms in your home as well as on your person.

Shall not be infringed:   The Second Amendment is a reminder to the government that they should not try to stop people from having this right and that we will fight back if necessary.

How has the second amendment been violated?…

Plain and simple…Obama and his administration are infringing on American rights by attempts to ratify the second Amendment.

*Remember to continuously check for updates regarding handgun laws in your state*

The First Amendment

As I mentioned in my most recent post, I am beginning a series to discuss the 27 Amendments.  Americans need to familiarize themselves with the documents that are the foundations of America.  Things are changing in America, and they are changing fast.  In order for all American citizens to stand up for this country, we need to know and understand our rights.  Please share this with other citizens so that we all can protect our rights!

My interpretation of the First Amendment…

The first Amendment states that citizens will have the freedom of religion, speech, press, assembly, and petition.  Most people refer to the first Amendment as the “freedom of speech” Amendment.  This is a very important underlying concept of  the Amendment.  Without this Amendment, we would not be able to voice our opinions through media or assemble as groups such as political support groups.  In my opinion, the first Amendment is the underlying support for all of the other 26 Amendments.  I feel as though this Amendment has been violated for certain groups.  Regardless of what political lines you follow, you should always be allowed to exercise your rights.

How have our First  Amendment rights been violated?…

Recently, conservative groups in the United States were targeted by the internal revenue service (IRS).  The IRS investigated into the personal accounts and lives of individuals who are involved in advocating for conservative party lines.  When you read between the lines, this was a violation of the first Amendment.  The groups exercised their rights to assemble and speak freely about their opinions.  Now they could feel somewhat oppressed because they were targeted based on their assembly and political preferences.