Bill of rights
Introduction "[A] Bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse." --- Thomas Jefferson December 20, 1787 The American Bill of Rights, inspired by Jefferson and drafted by James Madison, was adopted, and in 1791 the Constitutions first ten amendments became the law of the land. The Bill of Rights was added to the constitution for many purposes and has adapted to take on many more. ... In Our Defense presents the many sides of the Bill of Rights. It exemplifies how the Founding Fathers protected the individual rights of the people against the power of the government and how it still affects our lives today. ... Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. ... He stated, "In many places and in ordinary times the defendants in saying all that was said in the circular would have been within their constitutional rights. ... It does not afford members of the media any special rights or privileges not afforded to citizens in general. ... The Supreme Court has recognized that in times of peace, protecting the rights of individuals is easy. ... The courts ruled that the government is allowed to interfere with a group engaged in unlawful activities, but not to hamper lawful civil rights. ... Spencer Tunick was within his rights to take a photo of 100 nude people in Manhattan one morning in July. ... The opposing theories, perhaps oversimplified, are an individual rights theory whereby individuals are protected in ownership, possession, and transportation, and a "collective" theory whereby it is said the purpose of the clause is to protect the States in their authority to maintain formal, organized militia units. Advocates for the individual rights theory argue that the usage of "the people" in this amendment mean nothing different then when stated in other amendments. ... I agree with the verdict of the court to tremendously support the collective rights theory. ... " The indictment in Cruikshank charged a conspiracy by Klansmen to prevent blacks from exercising their civil rights, including the bearing of arms for lawful purposes. ... " The district court initially granted summary judgment for the defendants in a suit brought by the officers claiming a deprivation of their rights under the Third Amendment. On remand, however, the District Court held that because the officers third amendment rights had not been clearly established at the time of the strike, the defendants were protected from suit by a qualified immunity. ... This began a nation wide movement against the present form of government and for freedom of the press, which continued until the close of the Revolutionary War and the establishment of the Bill of Rights. ... Although its one of the best known of the Bill of Rights amendments, it is also one of the least popular. ... This provision proves that the Bill of Rights does not always by the will of popular demand, but it tries to advocate just and reasonable practices as best as it can. ... These rights have come to be known as "Miranda Rights" over the years and they have been extremely important in law today. ... This provision differs from other facets of the Bill of Rights. ... The Sixth Amendment The Sixth Amendment sets forth the rights of the accused in criminal proceedings: a speedy and public trial, an impartial jury, the location of the trial in the area where the crime took place, full notification of the prosecution charges, a confrontation with witnesses for the prosecution, compulsory methods to obtain favorable witnesses, and counsel. ... This decision of the Supreme Court is based on the grounds that the Sixth amendment is the paramount amendment, guaranteeing all our other rights, including our First Amendment rights, because it provides for a fair trial. ... "Of all the rights that an accused person has, the right to be represented by council is by far the most pervasive for it affects his ability to assert any other rights he may have. ... Historically, The Seventh Amendment has been one of the most prized and accepted of all those in the Bill of Rights. ... In the first case, the Court reasoned that its Seventh Amendment precedents require trial by jury in actions unheard of at common law, provided that the action involves rights and remedies of the sort traditionally enforced in an action at law, rather than in an action at equity or admiralty. ... The Seventh Amendment does apply to actions enforcing statutory rights, and requires a jury trial upon demand, if the statute creates legal rights and remedies, enforceable in an action for damages in the ordinary courts of law. ... This prohibition against excessive fines and cruel and unusual punishment helps insure that objectivity, reason, and justice rather than vindictiveness and revenge guide the costs imposed upon a criminal for his indiscretion of anothers rights. ... Conclusion After reading this book and studying additional cases dealing with the Bill of Rights, I have come to realization of just how fortunate I, along with the rest of the United States citizens, truly am. There are many things that we take for granted each day; rights that we could never imagine living without. ... I think that although there have been considerable problems, we should praise our government for taking that extra step to the next level and trying to bestow upon us rights for every citizen.