Isabella Carter
The US Constitution's Bill of Rights, comprising the first ten amendments, originally applied only to the federal government. The Fourteenth Amendment was intended to provide federal protection of individual rights against the states. The Due Process Clause of the Fourteenth Amendment guarantees due process of law before the government may deprive someone of life, liberty, or property. The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy trial and to the services of a lawyer. The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not have other rights that are not explicitly mentioned.
| Characteristics | Values |
|---|---|
| Number of Amendments in the Bill of Rights | 10 |
| Purpose of the Fourteenth Amendment | To provide federal protection of individual rights against the states |
| Fifth Amendment | Protects against self-testimony, being tried twice for the same crime, and the seizure of property under eminent domain |
| Sixth Amendment | Provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges |
| Seventh Amendment | Extends the right to a jury trial in Federal civil cases |
| Eighth Amendment | Prohibits excessive bail and fines and cruel and unusual punishment |
| Ninth Amendment | States that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out |
| Tenth Amendment | States that the Federal Government only has those powers delegated in the Constitution |
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What You'll Learn
- The Fourteenth Amendment and federal protection of individual rights
- The Fifth Amendment: self-testimony, double jeopardy, and eminent domain
- The Sixth Amendment: speedy trial, trial by jury, and lawyer services
- The Seventh Amendment: civil cases and jury trials
- The Eighth Amendment: excessive bail, fines, and punishment
The Fourteenth Amendment and federal protection of individual rights
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, is considered one of the most consequential amendments. It addresses citizenship rights and equal protection under the law at all levels of government, including federal and state. This amendment was passed following the Civil War to guarantee equal civil and legal rights to Black citizens, particularly those who had been previously enslaved.
A key provision of the Fourteenth Amendment is the Citizenship Clause, which grants citizenship to "All persons born or naturalized in the United States," thereby extending citizenship to formerly enslaved people. This amendment also includes the Due Process Clause, which states that no person shall be deprived of "life, liberty, or property without due process of law." This clause has been used to incorporate the Bill of Rights against state governments, ensuring that the rights outlined in the Bill of Rights are protected at the state level.
Additionally, the Fourteenth Amendment includes the Equal Protection Clause, which states that no person shall be denied "the equal protection of the laws." This clause was written to constitutionalize the anti-discrimination principles of the Civil Rights Act of 1866 and prevent the enforcement of discriminatory laws, such as the southern states' Black Codes. The Supreme Court has used this clause in cases like Strauder v. West Virginia (1880) to recognize the unconstitutional exclusion of African Americans from juries.
The Privileges or Immunities Clause of the Fourteenth Amendment prohibits states from making or enforcing any law that abridges the privileges or immunities of US citizens. This clause has been interpreted to protect various civil rights from being abridged or denied by state law or state action. The Fourteenth Amendment has been litigated extensively, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954), which prohibited racial segregation in public schools, and Loving v. Virginia (1967), which ended interracial marriage bans.
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The Fifth Amendment: self-testimony, double jeopardy, and eminent domain
The Fifth Amendment to the US Constitution protects citizens from unfair treatment by the government, particularly in legal proceedings. It creates several rights that apply to both criminal and civil cases.
One of the key protections of the Fifth Amendment is the right against self-incrimination, or self-testimony. This right allows individuals to refuse to provide testimony or evidence that could be used against them in a criminal case. In other words, a person cannot be compelled to be a witness against themselves. This protection is especially important during police questioning or court proceedings, where individuals can choose to remain silent to avoid admitting guilt or providing damaging information.
The Fifth Amendment also includes the concept of double jeopardy, which prevents a person from being tried twice for the same offence. This means that once an individual is acquitted or convicted of a crime, they cannot be prosecuted again for the same crime in the same legal system. However, double jeopardy laws can vary between states, and there are exceptions, such as when new evidence emerges that was not available during the first trial.
Additionally, the Fifth Amendment addresses eminent domain, which relates to the government's power to seize private property for public use. The Takings Clause within the amendment requires that citizens be justly compensated if their property is taken for public use, such as for building roads or government facilities. This clause balances the government's authority to exercise eminent domain with the property rights of individuals, ensuring they receive fair compensation and are not unfairly deprived of their possessions.
In summary, the Fifth Amendment serves as a shield, safeguarding individuals from potential abuses of power by the government, particularly in the context of legal proceedings. It protects against self-incrimination, double jeopardy, and ensures just compensation when private property is taken for public use under eminent domain. These rights work together to uphold the fundamental freedoms and fair treatment of citizens under the law.
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The Sixth Amendment: speedy trial, trial by jury, and lawyer services
The Sixth Amendment to the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, guarantees several rights pertaining to criminal defendants, including the right to a speedy trial, a public trial without unnecessary delay, an impartial trial by jury, and the right to lawyer services.
The right to a speedy trial ensures that individuals accused of a crime have the right to a timely and efficient adjudication of their case, without unnecessary delay. This right is intended to prevent prolonged detention, ensure a fair trial, and protect the accused from prolonged uncertainty and anxiety.
The right to a public trial, guaranteed by the Sixth Amendment, ensures that criminal proceedings are conducted openly and transparently. This right serves to promote fairness and accountability in the justice system, allowing the public to observe and scrutinize the judicial process. Additionally, the accused is guaranteed a trial by an impartial jury of the state and district in which the crime was committed. This ensures that the accused is tried by a jury of their peers, who are unbiased and unbiasedly selected.
Furthermore, the Sixth Amendment guarantees the right to lawyer services, ensuring that individuals facing criminal charges have the right to legal representation. This includes the right to be informed of the nature and cause of the accusation, to confront and cross-examine witnesses, and to obtain witnesses in their favor. These rights collectively ensure a fair and just legal process for criminal defendants, protecting them from potential abuses of power and safeguarding their fundamental liberties.
The Sixth Amendment, therefore, encompasses multiple interconnected rights that collectively serve to protect the rights of the accused and ensure a fair and transparent criminal justice process. These rights have been tested and refined through various legal cases, particularly those involving terrorism and witness protection, further shaping the interpretation and application of these rights in modern contexts.
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The Seventh Amendment: civil cases and jury trials
The Seventh Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, guarantees the right to a jury trial in certain civil cases and prevents courts from overturning a jury's findings of fact. This amendment is part of the Bill of Rights, which consists of the first ten amendments to the Constitution.
The Seventh Amendment states that "in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved". This means that in civil cases where the claim exceeds $20, citizens have the right to a jury trial in federal courts. It's worth noting that this $20 threshold from 1791 is equivalent to $500 in 2024 due to inflation. The amendment also specifies that no fact tried by a jury shall be re-examined in any Court of the United States, except according to the rules of common law.
The right to a civil jury trial has a long history, dating back to traditional English common law during the Middle Ages. English courts during this period would use juries composed of individuals inexperienced in legal affairs to make decisions. This practice was later adopted by the American colonies, and by the time of the Revolution, many of the new states' constitutions included the right to juries in civil and criminal cases.
The interpretation of the Seventh Amendment has been largely straightforward, with the exception of the phrase "common law". In Parsons v. Bedford in 1830, the Supreme Court interpreted "common law" as referring to English common law, and subsequent cases further clarified this interpretation. The amendment's provision for jury trials in civil cases has never been directly applied to the states, but most states voluntarily guarantee this right in their constitutions.
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The Eighth Amendment: excessive bail, fines, and punishment
The Eighth Amendment to the US Constitution, ratified on December 15, 1791, protects citizens from excessive bail, fines, and cruel and unusual punishments. The full text of the amendment is as follows:
> Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The first two segments of the Amendment are generally well-understood and accepted. The third component, regarding "cruel and unusual punishments," has been the subject of much scrutiny, inquiry, and controversy. This phrase dates back to the English Bill of Rights in 1689 and the 1776 Declaration of Rights across the Commonwealth of Virginia, both of which forbade the use of cruel and unusual punishments.
The interpretation of "cruel and unusual punishments" has evolved over time. In the late 18th century, devices like the rack, gibbets, and thumbscrews would have been considered cruel and unusual. Today, these devices would be illegal to use in the United States. The applicability of the Eighth Amendment to the death penalty has been a subject of debate. Opponents of capital punishment argue that it is a "cruel and unusual" punishment, reflecting past social standards of civility and morality that have since evolved. Supporters of the death penalty counter that it remains legal in several states and still holds substantial public support, indicating that it does not violate the Eighth Amendment.
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Frequently asked questions
The Bill of Rights is comprised of the first ten amendments to the US Constitution.
The Fourteenth Amendment is a federal protection of individual rights against the states.
Yes, an amendment can protect more than one right. For example, the Fourteenth Amendment protects against the government depriving someone of "life, liberty, or property" and also incorporates almost all the rights in the Bill of Rights.
