Constitutional right

Constitutional rights are any liberties promised by the US Constitution. These rights are named in the Bill of Rights, which includes the first ten amendments to the Constitution.

These rights can be the subject of debate by citizens, courts, and government officials. As society progressed and changed after the Bill of Rights was ratified in 1791, courts began deliberating how these rights pertain to those who live in and visit modern America.

Background

The First Amendment is sometimes referred to as the right to free speech. Free speech means that people can say what they like, within limitations. The government, not private entities, cannot curtail an individual's right to free speech under the First Amendment. Under the Free Exercise Clause, Religion is considered part of free speech. The government cannot create a state religion or give any religion favoritism, and cannot infringe upon people's rights to worship as they please. People can express unpopular opinions. People in America have the right to assemble on public property, as well as petition their elected officials about issues of concern. The press, which includes newspapers, magazines, television, radio, and online press outlets, can print material that is not slanderous nor libelous.

The Second Amendment states that citizens have the right to arm themselves and create a militia.

The Third Amendment prohibits soldiers from being quartered in homes that do not belong to themselves or their families during peacetime. This amendment is not controversial and is rarely discussed. It was primarily an issue during the Revolutionary War, and in modern times, its significance is mostly historical.

The Fourth Amendment gives people in the United States the right to privacy. This means the government cannot search people or their belongings without good cause, which usually requires a search warrant issued by a judge or magistrate. Warrants for government searches of individuals' selves, homes, or belongings must have probable cause.

The Fifth Amendment guarantees that all accused of crimes shall be given due process. This means that their cases will be heard. A Grand Jury (a group of sixteen to twenty-three people who hear evidence and decide if there is enough information available to charge a person with a crime) shall decide whether authorities have enough evidence an individual has committed a crime. Accused persons cannot be punished with fines, jail, or execution without this due process. People may also "plead the fifth," which refers to this amendment. Those charged with crimes do not have to testify if doing so will incriminate them. Individuals are also protected from self-incrimination under this amendment through the Miranda v. Arizona (1966) Court ruling, which established the "Miranda Warning." Law enforcement personnel must inform individuals of their right to remain silent under the law upon arrest. This amendment also includes eminent domain. If a government must take a citizen's property to build a road or for some other public good, the government must compensate the citizen for that loss.

The Sixth Amendment ensures that people accused of crimes are given a fair trial in a reasonable amount of time. People charged with crimes must also be told what wrongs they are believed to have done. The jury should consist of randomly selected citizens from the state in which the crime was committed, and the trial will be held publicly to ensure fairness. Those accused have the right to an attorney.

The Seventh Amendment promises people in America a trial by jury in federal court within civil cases (cases between citizens that do not involve the government charging a crime) when the monetary amount disputed exceeds a specific dollar amount.

The Eighth Amendment prevents bail amounts that are too high, the use of excessive fines in criminal trials, and ensures that imprisoned people are not subjected to cruel or unusual punishment.

The Ninth Amendment exists as a reminder that people's rights are not limited to the Constitution.

The Tenth Amendment is sometimes called the states' rights amendment. This amendment grants state governments whatever powers are not specifically given to the federal government.

Other rights established by the Constitution include citizenship rights and the right to vote.

Overview

The Bill of Rights may seem simple, but these amendments have been hotly debated over the years. People frequently question the First Amendment, especially with regard to religion. Some government buildings have come under fire for displaying religious images or the Christian Ten Commandments. In numerous cases, public schools have been at the center of controversies about prayer in school or at school events.

Technology has complicated the seemingly straightforward First Amendment. Most Americans have smartphones and access social media, making disseminating information, photos, and videos nearly instant. Some question whether people can record or take pictures of anything in public, including accidents and police officers. Some people have been arrested for videotaping police activity, especially if a confrontation or arrest is taking place. Some states have wiretapping laws requiring the approval of the individual being recorded. Police officers are public officials performing public duties in public areas, which raises the question of whether they must grant permission to be recorded.

The Second Amendment is a constant source of argument in the United States. People question whether restricting ammunition or the types of weapons people may purchase violates this amendment. Some believe that people should be well-armed to protect themselves from the government. Others believe that only those who are part of state militias have the right to keep firearms and other weapons. People who support gun control believe that it is the government's responsibility to decide who can purchase a gun and what types of ammunition and weapons should be available to the public.

The Fourth Amendment is also frequently debated. When the amendment was created, it applied to physical possessions, such as people's bags and homes. Now, the courts must rule whether electronic records, cell phones, email accounts, social media profiles, and other electronic and computerized forms of personal property are protected from search and seizure under the Constitution. Sometimes, law enforcement uses global positioning system (GPS) devices to track or locate suspects or use a vehicle’s computer memory in investigations, which has also been controversial.

Even the Tenth Amendment has its share of controversy. People, who often call themselves Tenthers, insist that the federal government's powers should be minimized. These people are generally against federal surveillance programs and believe that many decisions made by the federal government should be decided by the states.

Bibliography

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Fisher, Daniel. "Court Rules NSA Phone Surveillance Illegal, but Saves Bigger Questions for Later." Forbes, 8 May 2015, www.forbes.com/sites/danielfisher/2015/05/07/court-rules-nsa-phone-surveillance-illegal-but-saves-bigger-questions-for-later. Accessed 2 Dec. 2024.

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