Know Your Rights! (The Amendments Explained)
StephenPBarrett
Adviser
Know Your Rights!
The Bill of Rights Explained
The Bill of Rights Explained
It is a supreme understatement that most Americans do not know their legal rights. I would hate to learn that any American totseans have to go to jail because of their ignorance to their legal rights and so I've taken it upon myself to explain the amendments in the Bill of Rights. The first page of this community encourages its members and visitors to "collect the whole set" and I stand by that idea. The better you know your rights the harder they are to infringe. It has taken me several hours to write this as I am using a phone and had to do all the coding manually so excuse me if it looks like shit. Any comments constructive or otherwise are encouraged. Fuck me, I'll just be happy to see anyone read this at all.
inb4 tl/dr: You should really consider reading this as it might save your ass from jail and is really useful to know otherwise.
Amendment 1 -Freedom of Religion, Press, Expression
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.
Explained:
Considering the creed of this site this should need no explanation but incase you forgot I'll tell you. The first amendment protects the right of the American citizen to worship whatever deity they choose, to express themselves how they see fit, to (if they are a member of the press) expose truths through the media and to assemble in protest of any issue as long as it is done peacefully. The first amendment does intact also encourage American citizens to peaceably protest the government and overthrow it if their inalienable rights are being violated by it.
Amendment 2 -Right to Bare Arms
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Explanation:
The second amendment protects the right of the American citizen to own a gun. Plain and simple. It recognizes what Voltaire said "An armed populous is a safe populous".
Amendment 3: Quartering of Soldiers
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.
Explanation:
The third amendment protects the right of the American citizen to refuse their house (if they own it) to any member of the United States armed forces during times of peace. This applies to times of war as well. This can only be repealed by another constitutional amendment.
Amendment 4: Search and Seizure
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.
Explanation:
The fourth amendment protects the American citizen from their home, documents, belongings and themselves from being searched and or confiscated without a warrant of probable cause granted by the appropriate person (usually but not always a judge) which describes the exact person, home, document or belonging being searched and or confiscated.
Amendment 5 -Trial and Punishment, Compensation for Takings
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.
Explanation:
The fifth amendment states that no American citizen will be sentenced for any capital crime or infamous crime (murder, rape, terrorism, pedophilia, anything particularly dastardly) without the process of a Grand Jury court. The exception to this is if that citizen is a member of and in service of the US armed forces. It also protects the citizen from being tried for the same crime more than once (double jeopardy). It protects the right of the citizen to not say anything at all that may or may not incriminate them and protects them from legal punishment and confiscation of property until a proven guilty.
Amendment 6 -Right to Speedy Trial, Confrontation of Witnesses
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.
Explanation:
The sixth amendment states that any American citizen accused of a crime has the right to a public trial by jury in the state or district (county, province, parish ect.) where the crime took place. The accused must be informed of the crime they are being accused of and will stand against witnesses who oppose them. The accused has the right to gather witnesses for its defense and the right to an attourney (lawyer).
Amendment 7 -Trial by Jury in Civil Cases
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.
Explanation:
The seventh amendment states the order of a court which is that it is the judge's job to ensure that no laws are broken or rights infringed in the process of the trial and that it is the jury's job to see the facts of the case and come to a decision on sentencing. This applies only to federal courts of the united states and not state or county courts which is why you simply stand before a judge if you get a D.U.I. or D.W.I.
Amendment 8 -Cruel and Unusual Punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Explanation:
The eighth amendment protects the citizen from receiving cruel and unusual punishment after being sentenced in court. A bail bond cannot be excessively high ($999 billion), no extra fines or hidden fees are allowed and torture is prohibited.
Amendment 9 -Construction of Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Explanation:
The ninth amendment states that there are certain inalienable rights of the citizen not previously mentioned. Certain court cases have shown these rights to include privacy and marriage. These rights aren't listed anywhere but are decided in supreme court cases.
Amendment 10 -Powers of the States and People
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.
Explanation:
The tenth amendment states that Congress can only exercise the rights given to it by the constitution and that the same goes for all states. No extra rights are given to them outside of the constitution and they cannot make up new ones without due process. The same goes for the citizen.
Amendment 11 -Judicial Limits
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Explained:
The eleventh amendment prevents the federal court from hearing lawsuits in which a citizen is pitted against a state they are not a member of or where a non-citizen is pitted against any state.
Amendment 12 -Choosing the President, Vice-President
The Electoral College The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Explained:
The twelfth amendment governs the process by which the president is elected which is as follows:
- Step 1.
The Electoral College of each state votes on who they will nominate for president and vice president. One of these nominees has to be from that same state while the other can be from any other state. - Step 2.
The voting registered citizens of each state cast their vote. The vote is decided as a 2/3 majority rule and the representative of that state casts the winning vote. How much a vote by a representative is worth today is depends on the population of the state. - Step 3.
When all representatives have cast their vote the votes are tallied and the to the victor goes the presidency.
Amendment 13 -Slavery Abolished
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
2. Congress shall have power to enforce this article by appropriate legislation.
Explained
The thirteenth amendment protects anyone within the United States or its territories from being a slave or indenture servant. It also gives congress the power to enforce this.
Amendment 14 -Citizenship Rights
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Explained:
The fourteenth amendment was instated shortly after the Civil War and addresses born citizens and how treason is handled in case of civil war.
- Part 1
All people born in the United States are citizens of the country and of the state in which they were born. No laws may be passed to infringe the right of natural born citizens. - Part 2
The number of representatives of each state is depends on how many male citizens of or over the age of 21 are members of the state. Today this includes women and anyone registered to vote. - Part 3
No person who has been convicted of treason is able to run for any political office whatsoever. - Part 4
No debt accrued in any act of treason will be settled by the government including the state in which the act was comited. - Part 5
Congress has power to enforce these laws.
Amendment 15 -Race No Bar to Vote
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
2. The Congress shall have power to enforce this article by appropriate legislation.
Explained:
The fifteenth amendment garuantees the right of any citizen who is a registered voter to vote ignoring skin color. Congress is given power to enforce this.
Amendment 16 -Status of Income Tax Clarified
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
Explained:
The sixteenth amendment gives congress the right to tax the income of all citizens in all states ignoring census.
Amendment 17 -Senators Elected by Popular Vote
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
Explained:
The seventeenth amendment protects the right of the registered voter citizen to vote for 2 Senators for their state. It states that a senator holds office for 6 years. The executive of a state legislator is to appoint a temporary Senator in case one elected is unable to fulfill their duties for whatever reason until the register voter citizens of that state vote a new Senator into office.
Amendment 18 -Liquor Abolished
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Explained:
The eighteenth amendment prohibits the sale, exportation, importation and manufacturing of alcoholic beverages in the United States..... Fucking retarded.
Amendment 19 -Women's Suffrage
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.
Explained:
The nineteenth amendment grants and protects the right of all female registered voter citizens to vote.
Amendment 20 -Presidential, Congressional Terms
The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
Explained:
The twentieth amendment states what the precise date of the end if a President's term is as well as the terms of Senators. It also sets the date for Congress to meet. This amendment declares who acts as President in case of death(s) as well as Vice Presidents.
- 1 - The President and Vice President end their term at noon on the 20th of January. Senators end their terms at noon on the 3rd of January.
- 2 - Congress meets once a year at noon on the 3rd of January unless otherwise specified.
- 3 - If a President is impeached or does not come into office at the scheduled date or doesn't qualify for Presidency the Vice President acts as President until the matter is resolved. If the Vice President cannot be President for any of the same reasons Congress appoints a temporary President.
- 4 - If the President dies the Vice President becomes President. If the Vice President then dies Congress instated a President.
- 5 - This amendment takes effect on the 15th of October after it is ratified. That was a long ass time ago.
- 6 - If the article doesn't pass as an amendment within 7 years it is inoperative.
Amendment 21 -Amendment 18 Repealed
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Explained:
The twenty-first amendment reinstates the use, manufacturing and sale of alcoholic beverages within the United States. It states that transportation, exportation and importation must follows laws of the included states. It also states that if the article doesn't become an amendment in 7 years it in inoperative.
Amendment 22 -Presidential Term Limits
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
Explained:
The twenty-second amendment prevents Presidents from being elected more than twice. It also prevents any President who, for whatever reason, does not finish a term from being elected again. This does not include the President in office at the time of the ratification of the article (FDR). This amendment would not have passed if at least 3/4 of the states' legislators did not vote for it within 7 years.
Amendment 23 -Presidential Vote for District of Columbia
The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
2. The Congress shall have power to enforce this article by appropriate legislation.
Explained:
The twenty-third amendment states that the District of Columbia (Washington D.C.) is held to the same procedures as the smallest populated state concerning the election of a President. Congress has the power to enforce this amendment.
Amendment 24 -Poll Tax Barred
The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
2. The Congress shall have power to enforce this article by appropriate legislation.
Explained:
The twenty-fourth amendment protects the right of a registered voter citizen to participate in voting polls despite having any unpaid taxes including poll taxes. Congress has the power to enforce this amendment.
Amendment 25 -Presidential Disability and Succession
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Explained:
The twenty-fifth amendment declares that if the President is unable to complete his term for any reason then the Vice President will become the active President. It states that if there is not a Vice President then the President may nominate one and both committees of Congress will vote for or against the nominee. The President can step down by submitting a written declaration stating they are unable to perform their duties and can also resume the Presidency during the term by submitting another written declaration stating they are able to again. The Vice President and any other member of the executive branch can submit a written declaration to have the President taken out of office because of being unable to perform his duties. The President may counter this with his own written declaration of being able to perform his duties within four days and remain active President unless a member of the executive branch again writes a letter declaring him unable then Congress has twenty-one days to vote on the issue. If Congress is not in session at the time they have fourty-eight hours to assemble their old asses.
Amendment 26 -Voting Age Set to 18 Years
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
2. The Congress shall have power to enforce this article by appropriate legislation.
Explained:
The twenty-sixth amendment protects the right of any register voter citizen to vote if they are 18 years or older. Congress has the power to enforce this amendment.
Amendment 27 -Limiting Changes to Congressional Pay
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
Explained:
The twenty-seventh amendment states that no law can be made to adjust the pay of any Senator or Representative until there is a new election of representatives. This prevents them from giving themselves unnecessary pay hikes.
Comments
Great work MM, Posters like you are going to be the main reason totse.info is successful.
in your explanation of the 3rd amendment you are over looking the fact that no law can be passed that is in violation of the constitution. And while there are a plethora of laws on the books which do just that, strictly speaking, it would take a constitutional amendment to override any provision of any article or amendment to the constitution not just passing a law.
Right you are but I decided to go for the extra mile. In any case I'll request for the title to be changed so it isn't misleading.