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."

The tenth amendment is similar to the ninth in that it talks about the rights given to the people and only to the people.  This idea came from the Anti-Federalists that wanted the people to hold all the power except those powers that were delegated to the federal government by the constitution.  The tenth amendment protects sovereignty.  A lot of the powers that were given to the people come out of the Articles of the Confederation which gave a lot of power to the states.

This image shows that many people have a strong stance on the rights they are allowed.  And that many feel the need to control the central government and not allow the federal government to make decisions that affect more than just a few people.  

This cartoon depicts how important the rights given to the states and only the states is important and necessary, and the federal government doesn't have the right to intervene in those rights.  

The Ninth Amendment

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

The ninth amendment has to do with rights that have not been listed.  Just because certain rights have not been specifically mentioned, the constitution cannot say that we don't have them. This is a very important amendment because it allows for the rights of people to be interpreted when they are not going against the law.  It gives the people quite a lot of different rights many would think that they are not allowed.  It also brings about the idea of privacy and the rights that come along with it.

This cartoon depicts that even though we think we are allowed the right to privacy that many are still being watched and recorded by government officials.  

This image just states that many people don't want their right to privacy to be taken away from them.  They feel the need to state that they are allowed to have secrecy within their life.  

The Eighth Amendment

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

The eighth amendment is important because it protects the defendants in a criminal trial from being forced into being coerced.  It also brings the issue of capital punishment to light. It puts the decision of the death penalty in the hands of the judge and not the jury.  The death penalty is a big controversy because you could end up sending an innocent man to his death.

This cartoon depicts that even though the eighth amendment says it doesn't allow cruel and unusual punishment that it is not always true in all the cases for everyone and that torture is allowed in some situations.  

I for one am not completely certain on my stance on the death penalty but I believe that this cartoon depicts how ridiculous some states can be when it comes to the death penalty.  How could pain not be intentionally inflicted, Kentucky? (When that is the whole purpose of it).  

The 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 jury trials in cases that deprive one's life and liberty - criminal prosecution for death and felony in property cases.  The founders of the Constitution saw the juries as a check for federal judges.  Judges can decide 4 things.  1. decides the issue of the law.  2. moves to decide equitable relief.  3. Jury decides guilt or innocence as judge decides how evidence can be used.  4. if a judge believes that jury have disregarded evidence he can overrule and start the trial over.  Although the value for suits is now over 70,000, and that is because they are trying to keep people out of court rooms.  This amendment is important because it makes sure that the criminal trials are fair for the ones being prosecuted.  Like stated before, the jury and the judge are like checks on each other.

This cartoon proves that everyone eventually will have to do jury duty at least once in their life.  Eventually you will be called upon to serve and there is nothing that you will be able to do.  

This just depicts that the jury made up of your peers has to be one of all different backgrounds, to make sure that no one person has the same biased opinion.  They want to choose people that are all different so that they can span the perspectives of all types.  

The 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 wherein the crime 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 defense." 

The sixth amendment guaranteed eight things 1. a speedy and public trial.  2. the trials must take place in public, the accused must be informed of case and the nature of the accusation. 3. witnesses for prosecution must testify in public.4. the defendant can produce witnesses on his/her behalf. 5. the defendant has the right to secure council. 6. jury of your own peers (not within county or city) 7. juries are to be unbiased. 8. the speedy trials must take place within a reasonable amount of time of indictment. The reason for public trials stemmed from not having any secrecy and that they though that people wouldn't lie with taking an oath over the bible and in front of a judge.  This amendment is important because it states the rights given to all people, even criminals.  It makes the laws more equal and fair for everyone.  

This image shows that even though it is a guarantee to a speedy trial, that it is not always what the defendant wants. It is also important to them to be able to defend themselves.  

This image shows the importance of having the criminal trials public because you wouldn't want the judge or the prosecutor the only ones allowed because the could influence or coerce a person to say things that they didn't want or that they don't believe.  

The 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."

The fifth amendment protects citizens from a government that might harass them.  This amendment is really important to the rights of the people in committing crimes.  This amendment does many things, it protects us from self incrimination (but not confessing to a crime), the right to due process - government action must never be improper or unfair.  It must strictly follow the rules and steps set down by the law.  Out of the fifth amendment came the Miranda Rights (the ones we see on the television shows like Law and Order), rights that must be read to someone when you are charging them of a crime.  It also states the rights of Imminent Domain, where the state and federal government must compensate former owners of private property a "full and perfect equivalent" for what was taken.


Stephen Colbert Pleading the Fifth

I couldn't get this video in this post, but there is a link to the video on the Daily Show's website.  It basically shows Stephen Colbert invoking his fifth amendment rights when Jon Stewart asks him about his show.

This cartoon is just a funny way of looking at the rights allowed by the fifth amendment and the right against self incrimination.  

The 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 probably 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 that without a warrant, the search and seizure of persons, houses, documents (papers), and effects (weapons) is illegal.  The reason that this amendment came into place is because of the Writs of Assistance, when the kings men at any place and time could arrest anyone, and the founding fathers wanted to protect the people from this being able to happen.  The government officials cannot search or seize without probable cause and a warrant authorized by a court.  But this amendment does not protect things that are in plain view or things that one might say to give the official probable cause. Something else that is important that comes from the fourth amendment is the Exclusionary Rule stating that any evidence taken in violation of the fourth amendment cannot be used in a criminal trial.  

This image shows how no matter where you live, it is important to be able to protect your rights to privacy.  

Both of these images show that the fourth amendment is very important to all people and protecting their property and their rights, and unfortunately that not all government officials follow the rules stated in the fourth amendment.  

The 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 is important to us because we need to be able to have the right to say yes or no to people entering your house.  Many probably think that it wouldn't matter if a soldier came and quartered their house in a time of war but who really knows how patriotic they would be if some random soldier came and took over their house.  There are many other options that the government could take before sending soldiers to take over houses.  This amendment is also a protection implied regarding privacy and property rights from government intrusion.  

As we can see from this image, having the government take over our homes is a quite upsetting subject for many Americans.  Like I stated before, as much as one would like to think that they would support the idea of having government officials enter your house without notice or permission, you really can never predict how it would make you feel.  

This cartoon depicts the third amendment in action.  

The Second Amendment

"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."

This is a very controversial amendment because some people believe that they should have no restrictions on their rights to bear arms and on the other hand many people feel that there should be some restrictions on those who are allowed to bear arms.  Many of the regulations are done at State and Local levels instead of Government levels.  Although many are upset about what should be allowed by the third amendment, they should see that the government is only looking to implement better and safer solutions for all, and that they are not trying to take away any person's rights.  

This cartoon shows that there must be some restrictions put on the the right to bear arms, because if there aren't you could have your next door neighbor carrying lethal weapons just because he says he can.

This is a video showing how people feel about the rights put on the right to bear arms, and how the safe act has brought about so many different opinions from different people to the public.  

The First Amendment

"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."

 This amendment is one of the most essential amendments because it addresses so many rights given to the people in order to protect some of their most important liberties against federal government.  These rights are important in the expression of each person and allows everyone to have their own set of thoughts and beliefs and be able to express them freely.  Without the first amendment I am not sure what kind of system of government we would have because the people wouldn't be able to express what they need and expect from government. The ability to complain to and about the government without fear of recourse make our government what it is to this day. 

 This cartoon from Calvin and Hobbes just shows how important the rights explained in the first amendment are to all citizens.

This video shows how the government is adapting to the society, and that unfortunately many people have no idea what is protected by the first amendment.