Isabella Carter
The Constitution of the United States was signed on September 17, 1787, and has since undergone several amendments, or changes, to address certain rights not initially protected. The first 10 amendments, known as the Bill of Rights, were ratified in 1791 and include the freedom of speech, the right to peaceful assembly, and freedom of religion. There are currently 27 amendments in total, with the most recent being the 27th amendment in 1992, which states that Congressional salary changes cannot take effect until the beginning of the next session of Congress. While most amendments apply to all citizens, certain amendments, such as the Fifth Amendment, explicitly protect the rights of juveniles in juvenile court proceedings.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| Passed Amendments | 17 |
| Amendment Proposal | Two-thirds vote in Congress or a national convention made up of two-thirds of states |
| Amendment Ratification | Three-fourths of state legislatures or state conventions in three-fourths of states |
| Fifth Amendment | Protection against self-incrimination for juveniles |
| Sixth Amendment | Right to a speedy and public trial by an impartial jury |
| Eighth Amendment | Protection from high fines or bail |
| Ninth Amendment | Additional rights beyond those listed in the Constitution |
| Tenth Amendment | Federal government only has powers listed in the Constitution |
| Eleventh Amendment | U.S. states cannot be sued by out-of-state or foreign citizens |
| Twelfth Amendment | Changed election process for President and Vice President |
| Thirteenth Amendment | Abolished slavery and involuntary servitude |
| Fourteenth Amendment | Due process clause for parental rights |
| Juvenile Rights | Notice of charges, right to counsel, confrontation of witnesses, right to remain silent |
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What You'll Learn
The Fifth Amendment and children's rights
The Fifth Amendment to the United States Constitution was adopted in 1791 as part of the Bill of Rights, along with the first nine amendments. The Fifth Amendment covers several topics, including the grand jury, double jeopardy, due process of law, and self-incrimination.
The Fifth Amendment applies to juveniles, as their liberty is at stake. However, juveniles are not accorded the full range of rights that adult criminal defendants are, such as the right to a trial by jury. In the context of parental and children's rights, the Fifth Amendment protects parents from having their rights terminated without due process. This was recognised in the case of Little v. Streater, where an indigent parent was entitled to state-funded blood testing in a paternity action. The Court acknowledged the parent's interest as "an extremely important one".
In another case, Santosky v. Kramer, the imposition of a higher standard of proof was required in a case involving state termination of parental rights. The Fifth Amendment also provides that no person shall be deprived of life, liberty, or property without due process of law. This right to due process has been extended to protect family autonomy and the right to live together as a family. For example, in Moore v. City of East Cleveland, a neighbourhood that prevented a grandmother from caring for her grandchildren was found to violate the Due Process Clause.
Furthermore, the Fourteenth Amendment's guarantee of equal protection has been interpreted to include the right of same-sex couples to marry and raise children. The Court held that denying marital recognition to same-sex couples "demeaned" and "stigmatized" them and any children they may have. Therefore, limiting marriage to opposite-sex couples was inconsistent with the liberty protected by the Fourteenth Amendment.
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Voting rights for kids
Before the 26th Amendment, the voting age in most states was 21, and states had the authority to set their minimum voting age. The drive to lower the voting age during the 1960s and early 1970s was influenced by the Vietnam War, where many young men, aged 18 to 21, were conscripted to fight but lacked the voting rights to influence political decisions regarding the war. The slogan "old enough to fight, old enough to vote" captured the sentiment of this movement.
The push for lowering the voting age gained momentum with increasing public opposition to the Vietnam War and the recognition that young citizens were being sent to fight in a conflict they had no political authority to vote on. Senator Birch Bayh's subcommittee on constitutional amendments began hearings on extending voting rights to 18-year-olds in 1968, and in 1970, President Richard Nixon added a provision to lower the voting age in the extensions of the Voting Rights Act.
The Supreme Court case of Oregon v. Mitchell in 1970 addressed the constitutionality of lowering the voting age to 18. The Court upheld the provision for federal elections but maintained the voting age of 21 for state and local elections. This decision led to the need for separate voter rolls for citizens between 18 and 21, who could now vote in federal elections but not in state or local ones.
The 26th Amendment, proposed and passed by Congress in March 1971, addressed this complexity by guaranteeing that the minimum voting age could not be higher than 18 for all elections. The official text of the amendment states: "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age." This amendment ensured that young adults aged 18 and above were granted the right to vote across all levels of government in the United States.
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Children's rights in juvenile court
The juvenile justice system was established to recognise that children who commit crimes are less blameworthy than adults and have a greater capacity for change. The lack of formal process and constitutional due process in the juvenile justice system was addressed in the 1967 U.S. Supreme Court decision, In re Gault. The ruling determined that youth charged with delinquency in juvenile court have many of the same due process rights as adults accused of crimes, including the right to an attorney and the right to confront witnesses against them.
The Supreme Court has also extended additional constitutional rights to youth, such as the right to have charges proven beyond a reasonable doubt and protection against double jeopardy. However, the Supreme Court ruled in 1971 that youth are not entitled to jury trials in juvenile court, although several states have since provided this right.
The juvenile justice system aims to protect children's rights during arrests, delinquency charges, community diversion programs, probation services, and detention or commitment facilities. This includes addressing issues like policing, access to counsel, fair court procedures, equal treatment regardless of race or ethnicity, and protection from abuse.
The MacArthur Foundation's research on adolescent development and juvenile justice has also influenced how youth are sentenced in the criminal justice system, leading to new rules for law enforcement interrogations, youth competency evaluations, and the reliability of youth confessions. Furthermore, laws such as the Americans with Disabilities Act and the Individuals with Disabilities Education Act protect the rights of children with disabilities in the juvenile justice system.
While amendments to the Constitution can be complex to pass, they are additions or changes that address specific issues or rights. The process involves a two-thirds proposal vote in Congress or by a national convention of two-thirds of the states, followed by ratification by three-fourths of state legislatures or state conventions.
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Children's right to free speech
The right to free speech is a fundamental human right, and children are entitled to a significant measure of protection when it comes to freedom of expression. While children's rights and liberties are not always equal to those of adults, they still possess fundamental freedoms, including the freedom of speech, expression, thought, and religion.
In the United States, the First Amendment enshrines free speech as a fundamental right, and this applies to minors as well. The Supreme Court has affirmed that minors are entitled to First Amendment protection, and that the government cannot restrict children's rights to free speech except in narrow and limited circumstances. This means that children have the right to express their opinions and beliefs, even if they differ from those of adults or authority figures.
However, it is important to note that children's rights to free speech are not absolute. Schools, for instance, have the authority to prohibit student speech that is vulgar, lewd, or plainly offensive. Additionally, the Supreme Court has held that the First Amendment does not protect speech that is particularly dangerous, harmful, or falls under the category of "unprotected speech," such as child pornography, true threats, or incitement to riot.
While the state has a responsibility to protect children from potential online dangers, it must do so in a way that respects their freedom of speech. This balance between child safety and free speech has been a subject of debate, with the Supreme Court resolving such tensions in favor of free speech, as seen in the case of Reno v. ACLU, where the Court found that the Communications Decency Act suppressed a large amount of speech that adults had a right to access.
In conclusion, children do possess the right to free speech, which is protected by constitutional amendments like the First Amendment in the United States. While this right may be restricted in certain circumstances to ensure their security and well-being, it is a fundamental freedom that allows them to express their opinions, access information, and participate fully in society.
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Child protection laws
The US Constitution and its amendments are fundamental laws that outline the rights and freedoms of all US citizens, including children. While the Constitution itself does not specifically mention children, several amendments and subsequent laws have been enacted to protect their rights and ensure their well-being.
The Fifth Amendment, adopted in 1791, covers important topics such as due process of law and protects individuals, including children, from self-incrimination. The Sixth Amendment, also adopted in 1791, guarantees the right to a speedy and public trial by an impartial jury, ensuring that children involved in legal proceedings have a fair and timely resolution.
The Eighth Amendment, adopted in the same year, protects individuals from excessive bail or fines, ensuring that children awaiting trial are not subjected to unreasonable financial burdens. The Ninth Amendment, also from 1791, recognises that individuals have rights beyond those specifically listed in the Constitution, acknowledging the inherent rights of children that may not be explicitly stated.
In addition to these foundational amendments, Congress has passed numerous laws specifically focused on child protection and welfare. Since 1974, there have been significant legislative efforts to address child abuse and neglect, improve child and family services, enhance adoption processes, and ensure the safety and well-being of children in various contexts.
Some notable examples of child protection laws include the Adam Walsh Child Protection and Safety Act of 2006, the Safe and Timely Interstate Placement of Foster Children Act of 2006, the Fair Access Foster Care Act of 2005, and the Keeping Children and Families Safe Act of 2003. These laws aim to safeguard children from harm, improve the foster care system, and strengthen family connections.
Furthermore, laws like the Patient Protection and Affordable Care Act, the Child Abuse Prevention and Treatment Amendments of 1996, and the Improving America's Schools Act of 1994 also contribute to child protection by ensuring access to healthcare, addressing child abuse, and enhancing the educational environment for children.
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Frequently asked questions
A constitutional amendment is an addition or change to the Constitution of the United States.
There have been 27 amendments to the US Constitution.
Amending the Constitution is a two-step process. First, the amendment must be proposed by a two-thirds vote in Congress, including both the Senate and the House of Representatives, or by a national convention made up of two-thirds of the states. Second, the amendment must be ratified or approved by three-fourths of the state legislatures or three-fourths of the states.
Yes, constitutional amendments apply to everyone in the United States, including kids. While kids do not have the full range of rights that adults have, they are still entitled to certain constitutional protections under the amendments. For example, the Fourth Amendment's protections against unreasonable searches and seizures have been extended to juveniles, and the Fifth Amendment's protection against self-incrimination applies in juvenile proceedings.
The Fourteenth Amendment guarantees citizenship and equal protection under the law for all persons born or naturalized in the United States, which includes children. The Twenty-sixth Amendment set the national voting age at 18, impacting the rights of young adults.
