Showing posts with label rights. Show all posts
Showing posts with label rights. Show all posts

Saturday, September 28, 2013

The Sixth Amendment

It's been a while since my last "Bill of Rights" post...work and stuff got in my way.

The Sixth Amendment rights of the accused and criminal trials. Namely, a speedy, public trial, an impartial jury, to be informed of pending charges, to confront & cross-examine adverse witnesses, to compel favorable witnesses to testify (via a judiciary subpoena), and to legal counsel.

You can find out more information on the definition of the sixth amendment here:

http://legal-dictionary.thefreedictionary.com/Sixth+Amendment


"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 defence"


You can find the text of the Constitution online at:

http://www.usconstitution.net/

Third Amendment specifically:


http://www.usconstitution.net/xconst_Am6.html


Sunday, July 7, 2013

The Fifth Amendment

A person sits on the witness stand... A question is asked of the witness... The only response is... "I plead the fifth! " meaning that they won't testify against themselves.
This scenario is played out on television, in the movies, and in real life on regular basis.
But this amendment is about a lot more than commonly portrayed in television and the movies.
" 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"
So it looks like double jeopardy, self - incrimination, being imprisoned without charges being filed, and eminent domain seizures without fair compensation all come from the Fifth Amendment.
I think that the NDAA is probably already violating this amendment.
I feel pretty dumb now that I am half way through the Bill of Rights and really didn't know what they said.
You are welcome for the enlightenment, I certainly know I am!
You can find the text of the Constitution online at:
Fifth Amendment specifically:

Friday, July 5, 2013

The Fourth Amendment

Consider this, if all of you communication is done through letters and snail mail, then no government entity has the right to look through them without a warrant. This inalienable right is protected by the Fourth Amendment as detailed below:

" 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"

But, in today's modern digital age, most communication is via email, text messages, and other electronic methods. These mediums are subject to monitoring without a court order for at least seven days prior to making an official request for permission to monitor them. Also, if your email sits on a server for longer than 180 days, it is considered abandoned and legal for any government official to look through without a warrant or court order.

You can find the text of the Constitution online at:

http://www.usconstitution.net/

Third Amendment specifically:

http://www.usconstitution.net/xconst_Am4.html

The Third Amendment

In case you haven't noticed, there is a theme going on here... I realized that with all of this talk about things being unconstitutional, I decided to educate myself on what the amendments to the United States Constitution actually said. I also decided that it could help me to post more in my blog, so here we are. Today's post is about the Third Amendment.

" 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"

This Amendment says that the government cannot force citizens to keep soldiers in their homes in times of peace, and the only way they can force citizens to house soldiers in times of war is by passing specific laws to be able to do so.

The threat I can see is that since we are in a forever war, it would no be hard to comply with this. That being said, I don't see it happening because they would rather keep the soldiers in the disciplined environment of their own camp. (just my opinion)

You can find the text of the Constitution online at:

http://www.usconstitution.net/

Third Amendment specifically:

http://www.usconstitution.net/xconst_Am3.html

Wednesday, July 3, 2013

The First Amendment

Read this:

" 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"

This is the first Amendment to the United States Constitution. It is commonly referred to as the Freedom of Speech. Because of this, people, folks, if you will, assume that it GIVES you the freedom of speech and religion and the press, etc. The first five words state that "congress shall make no law"... That means that Congress can't legislate our already inalienable rights to these freedoms. Any attempt to do so is, by definition, unconstitutional.

Think about that as you go into your holiday weekend in celebration of our nation's independence on July 4th.

Resource on the Web to see the rest of the Constitution of the United States of America:

http://www.usconstitution.net

First Amendment:

http://www.usconstitution.net/xconst_Am1.html