Our rights you hear people say the words, but do they really know what it means, when they speak those words, our rights. What rights
do you have as a American, or a citizen of this country. What do people mean, when they say our rights have been violated. What
rights are you talking about, your Constitutional or Bill of Rights. What do you mean our rights? People are quick to say, you are
violating our rights with confidence, with no knowledge as to what that means or the interpretation of our rights. People yell or
scream aloud all the time, when they get pulled over by the police, I have and know our rights. They begin telling the officers, you
are violating our rights, but what rights would you be referring to.
It's one thing to say I have or know our rights, but it's an entirely different thing, when you cannot inform that officer which
rights, that they are supposed to have violated, because they have stopped you for a traffic violation, the majority of the time.
Aslong as the officer has not placed you in custody or detained and advise you are under arrest, then they could not or have not
violated any of your Constitutional rights. The officer is investigating whatever issue, why they stopped you, and they have the
right to investigate.
The Constitution of the United States, does provide rights for its people, as to what the federal, state or local city governments
can, and cannot do to its citizens'. Our Constitution was created; "We the People of the United States, in Order to perform a more
perfect union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and
secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of
America."
They started the Constitution with a statement talking about an order to perform a more perfect union, but there are people in our
society, they do not want or not like to be in a perfect union. Criminal law was establish to handle these people, who like to
violate the establish law, so these people are going to want to know, what their rights are. The executive branch of our
government is responsible for enforcing such criminal laws.
The Constitution has seventeen articles, ten Bill of Rights, and a total of twenty-seven amendments. What are your rights, here
below are your ten Bill of Rights; - Your Rights
Amendment I. - Freedom of religion, speech, press, and to assemble
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.
My Comment:
The powers that be, need to respect your religious rights, free speech to express yourself, in public, or writing or newspapers.
You have a right to assemble without being harass.
Amendment II. - Right to Carry weapons
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 Comment:
This amendment has given people the right to bear arms. I believe that it does not give us the right to bear arms. It talks
about a well regulated militia. We do not need militia's these days. They needed militia's when we were in the civil war
against each other. Now we have a well regulated military armed forces, police agencies that protects us today. So why do
people need to bear arms. I know that everyone has an opinion, regarding bearing arms. That's discuss is for another day.
Amendment III. - Military being housed in peace or wartime
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 Comment:
The military armed forces shall not be housed in the general public, without the owner giving them consent, at some point
in our history, the military would just take over your home, because military law ruled or over ruled civilian law, this
Amendment made it clear, whether it was in peace or wartime, the military could not take over your home, or unless they get
the requirements of congress to prescribe a law.
Amendment IV. - Your rights being searched by police agencies and seizures of your property
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 Comment:
This is the fourth amendment and it has to do with the police wanting to search your homes, your person, papers, property
without a valid search warrant. They have to have probably cause, which means you have to be doing something suspicious
which could give them cause to search you without a search warrant. This fourth amendment covers are areas, situations
as well. The main theme is that the police cannot come into your homes, car or on your body searching you without a
valid search warrant.
Amendment V. - Your rights in a criminal trial against in the court of law
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.
My Comment:
If you commit a crime and they want to prosecute you, that have to file an indictment requesting you to answer. You
shall not be tried twice for the same offense, if you beat the case the first time, they cannot go after you again.
Also you cannot be compelled to testify against yourself. You can remain silent and not tell on yourself.
Amendment VI. - How you are to have a fair and impartial trial
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.
My Comment:
If you have to stand to answer in a court of law, you can request that you have a speedy trial. They also have to tell
you of the nature of the case they are trying to present against you. You can confront those witnesses, who say that
they saw you do something, but only in the court room through court proceedings.
Amendment VII. - Your rights in civil trials if it exceed $20.00 dollars
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.
My Comment:
If the value of the issue exceed twenty dollars, you have a right to a jury trial, if you wanted one. Otherwise you
can let a judge make that decision to resolved the case alone.
Amendment VIII. - Cruel and unusual punishments against you
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
My Comment:
No person shall be held in jail, because the judge has set a ridiculous amount of bail, knowing that you more than
likely cannot make. This would be cruel or unusual punishments.
Amendment IX. - Rights retain by the people
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained
by the people.
My Comment:
The numbering of the Constitution and its certain rights, you shall not change the meaning, to benefit yourself or
others, to deny or put down other people, as relating to the Constitution. Everyone should have a fair chance or
opportunity.
Amendment X. - The powers that are kept by the states and people
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 Comment:
They powers that the Constitution provides the federal government, and some that it does not provide, shall not be
stop by the states, but the states can keep to themselves as to what issues the federal government has in mind.
Example: This tenth amendment is like the federal government states that the speed limit should be 60 miles per
hour on the highway. But the states say that they want the speed limit to be 75 miles per hour. The federal
government tells the states if you do not comply, with our 60 miles per hour speed limit mandate, we will not give
you this $100 million dollars for road work. Is almost like blackmail, so the states will comply.
Also Amendment XIV. This Amendment also talks about due process you are require to have in criminal or civil hearings
- cruel and unusual punishments
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the
United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the
laws.
Section 2.
Representatives shall be apportioned among the several states according to their respective numbers, counting the
whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for
the choice of electors for President and Vice President of the United States, Representatives in Congress, the
executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the
male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way
abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be
reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens
twenty-one years of age in such state.
Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold
any office, civil or military, under the United States, or under any state, who, having previously taken an oath,
as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as
an executive or judicial officer of any state, to support the Constitution of the United States, shall have
engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But
Congress may by a vote of two-thirds of each House, remove such disability.
Section 4.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment
of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But
neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave;
but all such debts, obligations and claims shall be held illegal and void.
Section 5.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Now I have provided you with information regarding the ten Bill of Rights, these are our rights as citizens,
of this great country. I also provided Amendment 14, because it talks, about cruel and unusual punishments.
Read and study to know what our rights are. If you are ever in contact with any federal, state, or city
agencies you know and have a real understanding as to what it means to say our rights. Also the seventeen
Articles, of the Constitution are your rights as well, but these ten Bill of Rights affects the general
public more so daily. But you have seventeen other Amendments, related to our Constitution. Now you can
truly have an educated conversation with anyone, about what our rights are, and the Constitution of the
United States of America.