The Blog

Thursday, November 16, 2006

4-6 Amendments

4th Amendment- The 4th amendment gives the people the right to be secure in their personal things against seizures and searches that are unreasonable or unjust. The only way that a search or seizure is to be permitted is through probable cause that is determined by a judge in court, or by a warrant that specifies a certain place and what is being searched for. Though it does not say it, privacy is interpreted into this amendment. "As such, it stands as one of world historical importance."(America 130) In the case of Hudson V. Michigan, the issue of privacy was debated.

5th Amendment- The 5th amendment makes it mandatory for a fair trial. Both parties will know where and when the trial is and will also be equipped with a lawyer if one is not already chosen. A person can also not be tried for the same crime twice or cannot be caught in double jeopardy. A grand jury will decide if the issue being disputed is relevant enough to have a trial and decides whether or not the defendant is guilty. The issue of eminent domain is dealt with were it limits the power of the court to take land for "public use".

6th Amendment- The 6th amendment gives the right to a speedy trial within the district that the crime was committed. The 6th also has the accused be notified of their charges and gives them a right to a lawyer. Miranda V. Arizona

Bennett, William J."America; The Last Best Hope". Nelson Current: Nashville, Tennessee 2006

The 1-3 Amendments

1st Amendment- The 1st amendment prohibits the organization of a national or state wide religion nor does it hinder in the practice of any religions. It also allows freedom of speech and of press with the ability to peacefully assemble and to petition the government for a redress of grievances. Though this amendment does not say specifically separation of church and state, many times the term is interpreted into it. The freedom of religion however is an amazing privilege. "This was a revolutionary breakthrough for religious liberty, one of the most advanced statements in the world-then or even now."(America 121)
Tinker v. Des Moines Independent Community School District

2nd Amendment- The 2nd amendment secures the fact that the nation will keep a well maintained militia and gives citizens the right to bear arms. This is important because in the Declaration of Independence, it calls the people who have the ability to take action, to do so. If bearing arms is necessary to defend the well being of the country it is a necessity of the people

3rd Amendment- The third amendment does not allow soldiers to be housed by a citizen without the consent of the home owner in a time of peace or war but in a manner prescribed by law. An example where this would be a factor was in the revolutionary war when British soldiers would live in the houses of the people and eat their food and sleep in their bed without anything the people could do. The fathers were not too happy when there were men in a house with his daughters either.

Bennett, William J."America; The Last Best Hope". Nelson Current: Nashville, Tennessee 2006.