Rights rights rights

In honor of Independence Day, I thought we’d play “what the hell are my rights?” So, in abridged format, here’s the first 10 Amendments to the Constitution with my commentary in all its glory. I'm not the best at this, other than First Amendment rights, but I figure some discussion is better than none!


Amendment I
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.

Ok, so everyone seems to love this one. “I’ve got the right to say whatever I want dammit!” Well, no, not entirely. It’s still a bad thing to shout fire in a crowded public place, defame someone else in such a way that it affects their job or social status in a drastic way, and being a dick is still frowned upon. But the Founders wanted a healthy political discourse, a healthy range of opinions in the press, and a chance for a vast number of opinions to be heard without the fear of retribution from a government entity. You can’t have a peaceful change of government if you’re not allowed to talk about it without getting arrested. Hooray for freedom of speech!


Amendment II
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.

Someone hand me my rifle. This country was started by a rabble of farmers and workmen getting cranky about being overtaxed. As many Texans from areas near the southern borders know, an armed society can be a peaceful society. There’s a certain level of respect that’s levied if everyone is armed. The concept supports the freedom of speech in that a government will be less inclined to ignore and abuse an armed populace. While I’m not big on a lot of people carrying guns on a daily basis (especially in our larger cities – eek!), I do believe that everyone should have to take one good rifle course in their lifetime. It’s not hard, and makes for a better educated populace on how guns work. Guns are tools, tools that are supposed to be well respected by our government based on this Amendment. Our right to those tools is protected, albeit in a limited manner, by this Amendment. Shouldn’t you know what you’re allowed?


Amendment III
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.

Damn skippy I don’t want to be forced to quarter soldiers. Heck, with the areas in which they get housing, I want to be quartered with them at times! Again, another Amendment written by folks during a wartime situation. It’s a bad thing when someone says you have to provide food and shelter for a bunch of soldiers, and this one protects the need for a lawful process to make it possible. We like lawful, lawful is good.


Amendment IV
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.

Ahhh, search and seizure. A lawyer’s Amendment. This one is so chopped into little pieces, I spent half of my Criminal Procedure class on it. In theory it prevents fishing expeditions by the Police in finding incriminating evidence without a probable cause before they can get a warrant. It’s got a ton of exceptions, but it’s still holding up somewhat. This is going to get more and more entertaining as technology makes it harder and harder to have any privacy. But are you sure you have a problem with the Police and not the market research company tracking your every move? This one doesn’t apply to the market research company, how do you feel about that?

Amendment V
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.

Due process and right to be represented – again, very important. This makes sure you don’t get stood up in front of a kangaroo court and just convicted outright for the most general reasons. Very popular tactic with dictators – makes it look like you went through the hoops without actually bothering. Now the challenge is in getting decently represented without putting your house in hock. And the government still can’t take your property without going through a procedure and adequately compensating you for your loss. Yes, you still have to pay taxes though, can’t get out of that.

Amendment VI
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 witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Hey, another kangaroo court avoidance! Needs to be public, conducted by the state’s officials, done quickly, and preferably in the same area where the crime was convicted. And you get to see who accuses you and supposedly witnessed it. All lovely things if you actually want to have a clue as to why you’re stuck going through this

Amendment VII
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 reexamined in any court of the United States, than according to the rules of the common law.

Hooray – you can get a jury trial! Hooray for jury summons, now go do your civic duty.

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

Well, the bail should fit the crime and the punishment should fit the situation as well. We’re supposed to not be cruel or unusual either. Boy, is that hard to define at times! Especially when we don’t know whether something hurts or not once administered.

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

Hmm, kinda convoluted, but basically means that the people’s rights somewhat supercede other rights in the Constitution. The people get the benefit of the doubt in a lot of circumstances in determining what rights are theirs. And generally, when in doubt on whose rights they are, they go to the people. At least in theory. And you can’t diminish specific rights by using another section of the Constitution to do it. Kind of a hierarchy thing.

Amendment X
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.

Hey, this sounds familiar. There is a difference between 9 and 10, I suppose mainly in that it clearly states that anything not expressly reserved for the Feds or the States goes to the people. And those prohibited to the Feds go to the States or the people as well.

So Yeah, there you go. Your rights. There are a lot of better explanations out there, as well as more Amendments to the Constitution that I didn't discuss. But here's your basics, go out and practice :-)