Teenage Bill of Rights
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By: YOUR NAME S.S. Block A Amendment 1: Freedom of Religion
In the first amendment citizens are provided with religious freedom. This means that citizens cannot be punished for practicing a certain religion. The government can not execute or support any particular religion nor can they ban any. However, you should not think that this limits your rights. This rule only goes so far as to supporting your religion, but it is able to limit certain undertakings.
For instance, say there was a new governor for the state of Rhode Island. This particular governor was very prejudiced towards other religions besides his own, which was the Christian faith. He went through one town and diminished all Jewish schools, and had the students go to Catholic or public school. One angry parent took the case to court and prepared to sue their new governor. The governor was found guilty by the jury and was sent into jail for a period of 10 years. What he did was unconstitutional because in the 1st Amendment the law is freedom of religion and one certain religion can not be favored by the government. Amendment 1: Freedom of Speech
Within the first amendment we are also supplied with the freedom of speech. This applies that all people have a right to speak freely and not be charged because of what they say and how they feel about something. Both parties have rights of speech too. When one party states something the other is free to state something back. There is a point where you can go too far, though. If what you say can put someone else in any danger, it is against the law and you can be arrested. The words that come out of your mouth must also be truth, no lies or it is considered slander.
Let’s say there was a middle school student named Billy. Billy was in a pranking mood and decided that it would be really funny to pull a trick on a few kids in the bathroom. He ran into the boy’s restroom shouting “Lockdown, lockdown! A gunman is in the building!” This statement of course sent all of the boys running and yelling and not knowing where to go. In the wild scramble one child got trampled in the other kids running from the bathroom, and sprained his ankle very badly. That kid’s mother was very unhappy about what had happened, and decided to do something about it. Once the case reached court, the prankster Billy was found guilty. He argued that he had freedom of speech, but that is not true in his case. What he said wasn’t the truth, and it put others in danger. That is not legal according to our Constitution. Amendment 1: Freedom of Assembly
We are given freedom of assembly in the first amendment in our Constitution. You have the right to hold an assembly as long as the meeting is peaceful and doesn’t break any laws. If you are disruptive or do something illegal during the meeting, your rights become limited and you can be arrested or sued.
Take this, for instance; say there was an assembly between several adults and they were discussing politics. What they were doing was very legal, until one lady said something that a man disagreed with. He became very upset and started raising his voice, and a curious neighbor came over to investigate what was going on in this meeting. The angry voice grew steadily louder and when the neighbor reached the door and opened it, he got hit immediately in the face by a glass that the man had thrown. Everyone was yelling and there was violence everywhere, and the injured man took the case into court. When the group was found guilty, they argued that they had a right to assembly. The judge explained that even though that is true, it became a violent and non-peaceful meeting and someone was injured, causing the right to not be supported any longer. Amendment 2: Right to Bear Arms
The second amendment gives citizens the right to bear arms. This states that any citizen can be in possession of a gun as long as they have a license for it. If not, than holding a gun in your household is illegal. Some types of weapons can also be banned by the government. Before you purchase a gun, you have a waiting period so that the store can check over your record and make sure you are eligible to own a gun. This is known as the “cool down period,” when they give you a background check. The group that tries to persuade legislature that guns are important and who try to influence them on issues with guns is the National Rifle Association.
For example, let’s say there was a man who decided that he wanted to get a license for a gun so that he could feel more secure at home, and he went to the shop and asked for a license for a gun. After the waiting period was over and he told the owner what type of gun he wanted, he was denied because that type of gun had been banned by the government. Angry, the man took this case to court, arguing that he had a right to bear arms and that his record was clean, so there should be no problem. He did not know that the government had a right to ban certain weapons. He was incorrect, as told by the judge. The type of gun he wanted had indeed been banned by the government, and therefore could not be owned. Any other type of gun that was much safer he would be free to hold in his house. Amendment 3: Forbids the Quartering of Troops
This third amendment gives us the right to freedom in our household by means of prohibiting the quartering of soldiers and troops. Our homes are places for us and our families, and should be kept safe and secure from military interference. If you would prefer your home free of soldiers and taking care of them, then that is your right and no one can force it upon you.
Say there was a military troop coming in and taking claim near one mother’s home area. Several soldiers needed a place to stay during a certain amount of time, and she was asked to take in a soldier or two into her home for a few nights. She kindly refused their request, knowing that she had too much going on and wasn’t supplied enough to house two more people than she already was. The now angry General, surprised that she had refused his request, demanded that she come with him to court, wanting permission to make her to quarter his soldiers. The judge agreed with the forced woman, saying that under the third amendment, your house is your own “kingdom,” and you are not to be forced to house soldiers without your consent. Amendment 4: Search and Seizure
Under this amendment we are protected from unreasonable search and seizure and we are to be supplied with privacy in our homes. In order to legally search someone’s home, you must obtain a search warrant signed by a judge. The warrant must include the name of the person (but only if it is known), the location of where you are searching, and the specific items you are looking for. In order to even receive a signed warrant, you must have a “probable cause” as to why you request a search. If you wish to acquire an arrest warrant it must contain the name of the person you are arresting and why you wish to arrest them.
Imagine that there was a man on the run from the police, and he sprinted from his car and into his house, slamming the door shut and locking it behind him. The police were not very far behind him and they broke into his house with their guns raised and began the search for the criminal. The convicted man was found and brought into court, and he argued that the police officers didn’t have a warrant to enter his house. The officers argued that they had every right to enter the house, because they knew that the man had committed a crime and they had to find and arrest him as soon as they could. The judge sided with the accused man, saying that rather then breaking and entering into his house they very easily could have just surrounded the house and gotten a search warrant while the criminal’s house was being carefully surveyed. Amendment 5: Rights of the Accused Persons
In the Fifth Amendment accused people are given several rights. First of all, the grand jury must hear a case to decide if the evidence provided is strong enough against the accused. Within these rights include double jeopardy, which states that a person cannot be tried twice for the same crime. You can’t testify against yourself; this is known as protection from self incrimination. You are also supplied with the Miranda rights, which mean that you must be told about your right to remain silent and you are allowed to have an attorney present during your questioning period. This amendment also includes the Due Process of Law and Eminent Domain. Your right to be heard is known as the due process of law. For example, the government can’t take private property for their use without paying a good value for it. Eminent domain is taking private property for some public use, like putting in a road or highway. Those are the contents of the Fifth Amendment.
Take this case for instance: There was a man accused of murder and he was brought into court. Throughout the whole court session he received all of his rights and stood his ground with a spectacular lawyer, and in the end was found not guilty. The opposing attorney was still suspicious, and he started to look for more evidence and found some. The attorney charged back to the court and demanded another trial, because he was sure that the accused man was indeed guilty, and the judge denied him. This attorney was outraged! He knew that the man was guilty and wasn’t going to settle for anything less than another trial. The judge would not give in because of Double Jeopardy, which states that a man cannot be tried more than once for the same crime. Amendment 6: Due Process of Law
This amendment ensures justice for everyone, and fair judicial treatment. There are many events in this process. Included in it are a speedy trial, public trial, and impartial jury. The court is supposed to be held in the area where the crime was committed, you are to be informed of the charges, you should be able to look at the witnesses that testify against you, you are allowed to call witnesses of your own, and you also have a right to an attorney. In other words, you are given the right to a trial that is quick and not held in secret, the jury cannot be prejudiced against you, and you must be in the area where the supposed crime was committed. You must be aware of the charges against you, you must be able to see and know who the witnesses against you are, and you can also have you own. Lastly, you are able to have a lawyer for your questioning.
For example, let’s say there was a man who was accused of robbing a bank. He was told that he had to wait three years before he could go into court and have a trial. This was upsetting to the man because he didn’t have the money to pay the bail for that amount of time. He decided to sue the judge for not giving him the rights to a speedy trial. He won and earned his trial within the next week. He ended up not having to pay the large bail and won his case. Amendment 7: Right to a Trial by Jury
In Amendment 7 we are guaranteed the right to a trial by jury in civil cases. A civil case is a case in which no law is broken. There are a few exceptions to this ability though. You are only able to have a jury in a case that is over $20.00 and the case must be between two individuals. A common law is a law that is created by a previous court decision.
Take an adoption case for example. Let’s say there was a couple who wanted to adopt a child from Malaysia and they were in court having the judge review if they were eligible to adopt this child. After the judge had reviewed their records he decided that they were not granted the permission to adopt the child, for he believed they were not responsible enough to care for the baby. The disappointed couple realized that they had not had a jury to decide if they were able, they had only had the judge to decide. They appealed to a higher court because it was not a fair decision without a jury present. At this court they were found eligible and they adopted the child very soon after. Amendment 8: Rights against Cruel and Unfair Punishment and Excessive Bail
In this amendment you are protected from punishment that is not just and from high bails. Bail is money that is given to court as a guarantee that accused will show up for the trial. If someone cannot pay the bail they have to stay in jail until their trial, but judges are not allowed to give an unreasonably high bail. All of the punishments must fit the crime. You cannot be given high prison terms for infractions and you are protected from inhumane prison conditions. The death penalty does not violate the eighth amendment if you have committed a murder, it is a high felony.
For instance, let’s say there was a teenager who vandalized the side of a school building and was caught by the police. After he went to the police station he was brought to court and for his punishment he was given five years in jail. His family highly disagreed with the judge’s decision and argued that it was unconstitutional as unfair punishment. The people of the court decided that it was a bad decision and it was repealed. Instead of years in jail he was forced to do community service and have good behaviour for a year’s time. Amendment 9: Freedom of Individual Rights
This amendment guarantees us the freedom of an individual’s quality of life. These freedoms include those of marriage, divorces, having children, education, privacy, and many more. It gives us rights that are not in the constitution, they are retained, as you could say, by the people. A citizen has to make their own decisions; the government can’t do it for them.
Let’s say that the House of Representatives for NH passed a law stating that no one can get married unless they are 30 years old. It was passed because the governor believed that young people were getting married too early in their lives and were making bad choices for themselves. A 22 year old woman and her fiancée were due to get married that spring, until the new law came out. They were very much in love, and they were so extremely upset and discouraged that the governor had passed this unfair law that they decided to bring it to court. In court the judge agreed that this was a violation of the 9th Amendment and the people have to make decisions on these areas like marriage, the government can’t influence them. Amendment 10: State’s Rights
When looking at this amendment you see it states that if there is any power not listed in the constitution, it is always given to states and their citizens. Any power the citizens can’t handle goes to the state and then to the federal government. Keep in mind that if state and national government conflict national power always rules. How people look at this amendment will always vary from generation to generation. Under this amendment citizens are given many rights.
As one example, say the governor of NH made a public announcement that no high school student could go to any college out of New Hampshire after they graduated. This was because they wanted more money for their state college funds, and they knew that their schools were enough to supply all of the students for their education. One high school student, Jake, was very unhappy about this decision, because he was looking to go to Washington D.C. for college the next year, and now he couldn’t. Jake and his parents went to court objecting this decision, saying it went against the Tenth Amendment. The judge decided with Jake and his family that in that amendment it does state that rights not listed in the Constitution go to the citizens, and they had the right to go to the college of their choice. Because of his decision, Jake could now go to D.C.