Friday, October 29, 2010

Amendment X

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.

This amendment provides States with the ability to operate under their own set of laws even if it interferes with national governmental laws. I believe this amendment is very important because it holds on to the preamble, "We the People." It prevents one government-the federal government-from becoming too powerful. Each state government is delegated its own set of powers under which it operates to satisfy its peoples.

 

In this video, the man talks about the the sovereignty of the State governments over the federal in some cases because each state government has its own Constitution. He also shares how the federal government can and does intercede in situations where the State government may be able to use their help.



This video tells us that some states have proven their sovereignty to the federal government by not following some of their laws. Thirteen states for example, have legalized the use of marijuana for medical purposes and it is in direct opposition of the federal government law.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

 This amendment protects citizens from being charged for acts not mentioned in the Constitution. Just because it does not say that we have the right as Americans to walk down the street eating a sandwich, does not mean we are not free to do so.

 

Here, this man explains that there are other rights that may and do exist that are not discussed in the Constitution.



This skit illustrates the fact that some rights, although not mentioned in the Constitution can be executed when others privacy is infringed. In this case the girl had law enforcement deal with her neighbor who created a noise problem.




Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The 8th amendment has been left pretty open for people to interpret. First, it prevents those accused of having bail too high to be paid off for the given offence. At the same time it says "excessive" bail, so it leaves people to judge how much is excessive. It also leaves authorities with the ability to apply their interpretation of what is not "cruel" or "unusual" punishment. Some believe the death penalty cruel while others see it completely just.

http://www.youtube.com/watch?v=zPqjCM6e5oM (embed was disabled)

Here Justice Scalia gives his understanding of "cruel and unusual punishment" and how it does not infringe on policemen hurting suspects.




This woman does not support the death penalty as it is recognized in coherence with the 8th amendment.







Amendment VII

 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 re-examined in any Court of the United States, than according to the rules of the common law. 

This amendment gives people the right to a jury in civil cases where are $75,000. It protects citizens from the possibility of being judged unfairly in larger cases, so the person is given a group of people to look at their case, rather than just one person.




In this video, the man explains the 7th amendment as it serves the right of the people to trial by jury in civil cases.




Here the person explains how a person has the right to trial by jury, rather than just a judge, in cases that exceed $75,000.






Amendment VI

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. 

This amendment gives the defendant the right to a quick trial by jury, that is not biased, and mandates that the defendant must be informed of the reason for the accusations against them. It also ensures that the defendant can have the help of an attorney in his defence as well as the right to bring witnesses on his  behalf to the hearing. I would speculate that a majority of Americans would be incapable of defending themselves to the proper degree in a courtroom when complex terms of law and rights are spoken readily. Those who study law have spent a great deal of time learning and interpreting such information, so they can equip those accused in a beneficial way. The promise of an unbiased jury is crucial also. Those who have experienced events that could alter their view of justice, such as a family member who has suffered a similar issue as the person being tried, must be replaced in order that an impartial jury member is selected to best judge the accused.



This clip displays a persons' right to a speedy trial.




This man here shares with us part of the 6th amendment, that a person accused must have the right to obtain counsel on their defence. If the police bring someone into custody and do not present them the opportunity to receive counsel, the person in custody can have the indictment dismissed.