Our Citizen Rights Under the Constitution
Dennis AuBuchon
June 27, 2009
This article is about our rights as defined under the Constitution. It is not being written as a constitutional lawyer or judge, who I am not but solely on the words written in each amendment discussed or each article identified. The first 10 amendments to the U.S. Constitution have been typically referred to as the Bill of Rights. While this is the foundation upon which our Constitution has been based other amendments have been added which by the language identified provide additional rights as individuals. While everything cannot be discussed in this paper many of the important or critical rights we have which in some cases have been under fire will be presented and discussed.
The first amendment identifies the right of freedom of religion, freedom of the press and freedom of expression. This amendment was ratified by the states in existence on December 15, 1971. The first amendment basically states that we have freedom of religion and the expression thereof and Congress can make no law respecting an establishment of religion or the free exercise thereof. This part of the constitution has come under some fire associated with the expression of religion sometimes displayed on public property. Some courts have held that the display of any religious expression on public property violates this amendment and has ordered the removal of such expression.
One point seems to be missed in this discussion is that public property is owned by the public and as such displaying such religious expression in my opinion does not signify the establishment or recognition of religion. Some judges have even been removed for refusing to abide by such decisions. One example of religious expression is the Ten Commandments which in many places is displayed openly and has been for years and until recently was not a problem. The Ten Commandments is the foundation of our many laws that have been enacted at the federal and state levels. Displaying the Ten Commandments is like displaying many of our laws which are based on the Ten Commandments. The question which begs to be asked is whether displaying the laws which hold their basis on the Ten Commandments would also be banned. One point to make is that there has been no consistency in ruling whether these commandments violate this amendment to the constitution.
Another aspect of the 1st Amendment is the right to freedom of expression. Freedom of speech also appears to be coming under fire under what is called the Fairness Doctrine. I have written another article on this subject titled Freedom of Speech and the Fairness Doctrine and will not go into the details in this article. Another article specifically involves this amendment and it is titled Freedom of Speech and the 1st Amendment.
The 2nd Amendment to the Constitution is about the right to bear arms. It was also ratified on December 15, 1791. This amendment has been under fire recently in the news and in actions currently taking place in Congress. I am not going to discuss the current discussions regarding this amendment but those interested in the right to bear arms need to contact their senators and representatives and have your voice heard. One fact which seems to be forgotten in all the discussions is that criminals do not abide by the law. Restricting access to owning a firearm under certain conditions only hurts law-abiding citizens. I do not know what will come of this latest action but we as citizens and voters should keep informed about this effort.
Another Amendment (amendment 4) to be discussed is the right to be free from unreasonable search and seizures. Searches and seizures can take place but there must be probable cause and evidence provided to a judge to grant a search warrant. Amendment 5 to the constitution invokes the double jeopardy requirement. Basically this means that no person can be tried twice for the same offense nor shall anyone be compelled to be a witness against themselves. This is important and it causes those individuals responsible for prosecution of individuals who have been accused of a crime to have a reasonable chance of success in the prosecution.
Another right we have under Amendment 6 to the constitution is a fair and speedy trial and to be those accused have the right to confront the witnesses against them. Granted there may be cases where witnesses are reluctant to appear for various reasons. If the reasons are justified there are other options such as sworn affidavits. While this potentially appears to not satisfy the conditions of this amendment some exceptions should be granted as they have been based on the circumstances involved. Any accused also has the right to have assistance of counsel for his/her defense. This right is important as it promotes a need for individuals to have a fair trial and a speedy one to come to resolution on the crime for which an individual is accused. The tenth amendment involves the powers of the states and the people. It basically states that unless a power is specifically delegated to the United States by the Constitution they are reserved to the states or the people.
Another right we have is provided in the 14th Amendment to the Constitution. This amendment provides that all persons either born or naturalized in the United States are citizens of the United States. As citizens we have the right to life, liberty and property which cannot be denied without due process of law and equal protection of the laws. It also provides restrictions on holding public office for those who have engaged in insurrection or given aid to enemies of the United States. This disability can be removed by 2/3 vote of each house.
While I have not covered all amendments and rights we have as citizens of the United States the ones discussed I feel are critical related to being a citizen of the United States. There are also many laws enacted through Congress and state legislatures which also provide for additional rights and safety of individuals in the country or state as applicable. Amendments to constitutions are great and when there is a widespread need to enact such additions to the Constitution they are not always needed. A key point in having amendments to constitutions it takes a vote of the applicable people to express acceptance of any additional changes. With regards to the Constitution of the United States it takes a specific majority of state legislatures as defined in the Constitution to affirm additions to the Constitution. With regard to state constitution amendments it takes a vote of the residents of the state involved to pass any amendments to the state constitution. These are usually presented during a regular scheduled election.
The rights and privileges of citizens of the United States and each state have been discussed to some extent. While there are always going to be changes or laws enacted at the federal or state level we must take heed to voice our opinion when it is felt appropriate. One such example is when it is felt that proposed changes violate our rights as citizens as defined in the United States Constitution or state constitution as applicable. We as voters and residents of our states and the country must keep informed about proposed legislation at the state and federal level on issues where we have strong opinions.
We must remember our government representatives at the state and federal level work for us not us for them. Governments derive their powers from us the people. We must keep informed about issues being processed at the state and federal level and not make rash judgments based on data presented by various news sources. Everyone has a right to their opinion and we have a right to ask our representatives to explain their decisions to us if we are unhappy with them. Too many times there appears to be influence by lobbyists or political groups into legislation enacted which sometimes does not appear to be in the best interest of the public at large. There are also times when these groups represent majority opinions and our government officials should listen. Some groups exist in support of keeping proposed changes from being enacted which they feel violate the language of the Constitution. One such example is the right to bear arms and the freedom of speech which are covered in the first and second amendments to the Constitution. These rights are constantly under fire which are exhibited in court battles or proposed legislation.
One last thing to remember is the legislature of the federal or state governments have the responsibility to enact laws for the good of the people. It is the responsibility of the applicable judges to enforce the laws enacted. Sometimes there are cases filed where it may be felt that laws enacted violate certain rights granted under state constitutions or the United States Constitutions. These kinds of cases must be decided by the applicable court. Our legislative system is great and we as the people have the right to make changes to those representing us if we are not happy with their performance. These decisions must be based on factual evidence as sometimes decisions made involve issues to which the public is not privy and therefore we must not judge too harshly.
The first amendment identifies the right of freedom of religion, freedom of the press and freedom of expression. This amendment was ratified by the states in existence on December 15, 1971. The first amendment basically states that we have freedom of religion and the expression thereof and Congress can make no law respecting an establishment of religion or the free exercise thereof. This part of the constitution has come under some fire associated with the expression of religion sometimes displayed on public property. Some courts have held that the display of any religious expression on public property violates this amendment and has ordered the removal of such expression.
One point seems to be missed in this discussion is that public property is owned by the public and as such displaying such religious expression in my opinion does not signify the establishment or recognition of religion. Some judges have even been removed for refusing to abide by such decisions. One example of religious expression is the Ten Commandments which in many places is displayed openly and has been for years and until recently was not a problem. The Ten Commandments is the foundation of our many laws that have been enacted at the federal and state levels. Displaying the Ten Commandments is like displaying many of our laws which are based on the Ten Commandments. The question which begs to be asked is whether displaying the laws which hold their basis on the Ten Commandments would also be banned. One point to make is that there has been no consistency in ruling whether these commandments violate this amendment to the constitution.
Another aspect of the 1st Amendment is the right to freedom of expression. Freedom of speech also appears to be coming under fire under what is called the Fairness Doctrine. I have written another article on this subject titled Freedom of Speech and the Fairness Doctrine and will not go into the details in this article. Another article specifically involves this amendment and it is titled Freedom of Speech and the 1st Amendment.
The 2nd Amendment to the Constitution is about the right to bear arms. It was also ratified on December 15, 1791. This amendment has been under fire recently in the news and in actions currently taking place in Congress. I am not going to discuss the current discussions regarding this amendment but those interested in the right to bear arms need to contact their senators and representatives and have your voice heard. One fact which seems to be forgotten in all the discussions is that criminals do not abide by the law. Restricting access to owning a firearm under certain conditions only hurts law-abiding citizens. I do not know what will come of this latest action but we as citizens and voters should keep informed about this effort.
Another Amendment (amendment 4) to be discussed is the right to be free from unreasonable search and seizures. Searches and seizures can take place but there must be probable cause and evidence provided to a judge to grant a search warrant. Amendment 5 to the constitution invokes the double jeopardy requirement. Basically this means that no person can be tried twice for the same offense nor shall anyone be compelled to be a witness against themselves. This is important and it causes those individuals responsible for prosecution of individuals who have been accused of a crime to have a reasonable chance of success in the prosecution.
Another right we have under Amendment 6 to the constitution is a fair and speedy trial and to be those accused have the right to confront the witnesses against them. Granted there may be cases where witnesses are reluctant to appear for various reasons. If the reasons are justified there are other options such as sworn affidavits. While this potentially appears to not satisfy the conditions of this amendment some exceptions should be granted as they have been based on the circumstances involved. Any accused also has the right to have assistance of counsel for his/her defense. This right is important as it promotes a need for individuals to have a fair trial and a speedy one to come to resolution on the crime for which an individual is accused. The tenth amendment involves the powers of the states and the people. It basically states that unless a power is specifically delegated to the United States by the Constitution they are reserved to the states or the people.
Another right we have is provided in the 14th Amendment to the Constitution. This amendment provides that all persons either born or naturalized in the United States are citizens of the United States. As citizens we have the right to life, liberty and property which cannot be denied without due process of law and equal protection of the laws. It also provides restrictions on holding public office for those who have engaged in insurrection or given aid to enemies of the United States. This disability can be removed by 2/3 vote of each house.
While I have not covered all amendments and rights we have as citizens of the United States the ones discussed I feel are critical related to being a citizen of the United States. There are also many laws enacted through Congress and state legislatures which also provide for additional rights and safety of individuals in the country or state as applicable. Amendments to constitutions are great and when there is a widespread need to enact such additions to the Constitution they are not always needed. A key point in having amendments to constitutions it takes a vote of the applicable people to express acceptance of any additional changes. With regards to the Constitution of the United States it takes a specific majority of state legislatures as defined in the Constitution to affirm additions to the Constitution. With regard to state constitution amendments it takes a vote of the residents of the state involved to pass any amendments to the state constitution. These are usually presented during a regular scheduled election.
The rights and privileges of citizens of the United States and each state have been discussed to some extent. While there are always going to be changes or laws enacted at the federal or state level we must take heed to voice our opinion when it is felt appropriate. One such example is when it is felt that proposed changes violate our rights as citizens as defined in the United States Constitution or state constitution as applicable. We as voters and residents of our states and the country must keep informed about proposed legislation at the state and federal level on issues where we have strong opinions.
We must remember our government representatives at the state and federal level work for us not us for them. Governments derive their powers from us the people. We must keep informed about issues being processed at the state and federal level and not make rash judgments based on data presented by various news sources. Everyone has a right to their opinion and we have a right to ask our representatives to explain their decisions to us if we are unhappy with them. Too many times there appears to be influence by lobbyists or political groups into legislation enacted which sometimes does not appear to be in the best interest of the public at large. There are also times when these groups represent majority opinions and our government officials should listen. Some groups exist in support of keeping proposed changes from being enacted which they feel violate the language of the Constitution. One such example is the right to bear arms and the freedom of speech which are covered in the first and second amendments to the Constitution. These rights are constantly under fire which are exhibited in court battles or proposed legislation.
One last thing to remember is the legislature of the federal or state governments have the responsibility to enact laws for the good of the people. It is the responsibility of the applicable judges to enforce the laws enacted. Sometimes there are cases filed where it may be felt that laws enacted violate certain rights granted under state constitutions or the United States Constitutions. These kinds of cases must be decided by the applicable court. Our legislative system is great and we as the people have the right to make changes to those representing us if we are not happy with their performance. These decisions must be based on factual evidence as sometimes decisions made involve issues to which the public is not privy and therefore we must not judge too harshly.
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