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2nd: 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.

Basically, people are allowed to have guns. The court hasn’t had too many cases on this amendment. The pro-gun people all want to keep it like that.

People who are pro-guns say that unarmed populations are easy to enslave. They believe that the ability to defend our selves make our country a democracy. They say that laws you make against guns wont stop criminals and we need to have the ability to protect ourselves.

The anti-guns people say that the bill of rights says nothing about allowing individuals guns.The think that there are too many gun related deaths.

Click to read more about the second amendment

3rd: 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.

This means that you don’t have to let soldiers stay in your house. In these days, the 3rd amendment is not an issue as much as it was back when the amendments were being written. However, there is one case.

The case Engblow V. Carey was regarding the 3rd amendment. Two prison guards were once fired and replaced with national guard. They had to leave their state provided housing so that the National Guard could move in. The claimed that it was violating their 3rd amendment. But, because they were state provided houses, the court ruled against them.

Click here to learn more about the 3rd amendment.

4th: 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.

This is basically about search and seizure. People can not search or take your stuff without a warrant.

In New Jersey V. TLO, (1985) 14 year old TLO had been smoking in the school bathroom. She denied it when she was sent to the principle, so he took and searched her purse.  He found marijuana in it. Although it is illegal to search people’s stuff without warrant, the Supreme Court decided that it could be done in a school if they have a reasonable reason to do it.

5th: 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 offence 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.

This means that you don’t have to say anything if you are being questioned. In court people say “I plead the fifth.”

There was a guy once by the name of Miranda. he got caught by the police for raping someone. He didn’t know about his 5th amendment so when he was caught he confessed everything. The court decided that they had to know, so now when you are arrested you are read what is called the Miranda Rights.

6th: 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 favour, and to have the Assistance of Counsel for his defence.

Basically, you don’t have to wait forever for a trial. You have the right to a speedy trial. This amendment also means that you have the right to an impartial jury. You also have the right to know why you are arrested. This amendment says “confronting the witness” meaning that for a trial to happen you have to have a witness or evidence or something. you also have the ability to legally make someone be your witness.

In 1964, Gerald Gault was fifteen and he was arrested. He did not know why he was arrested. in the case In re Gault (1967) it was decided by the Supreme Court that you had to tell them why they were being arrested.

7th: 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 basically means adults have to do jury duty.

8th: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

This amendment is pretty self explanatory. You cant make people pay a superfluous amount on bail, and you cant beat the crap out of someone for stealing 2 bucks.

A guy named James Ingraham received severe paddling at school. The question of whether or not it was legal went all the way to the Supreme Court. In case Ingrham V. Wright (1977) it was decided that it was legal so long as it is reasonably necessary for the proper education and discipline of a student.

9th: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The ninth amendment is basically a mystery amendment. Personally, its my favourite because it is so vague. It means that we have other right two even though they aren’t in the first 8 amendments. There are lot’s of those right already thought up and plenty to be discovered.  But whatever those rights are, the belong to the people not the government. Just a few include:

• Freedom of association
• The right to vote
• The right to be considered innocent until proven guilty
• The freedom to travel where you want
• The right to a clean environment
• The right to a job
• The right to commit suicide
• The freedom to wear long hair (for boys)

The case Griswold V. Connecticut is where Estelle Griswold was arrested for braking an old law by giving information about the use of birth control devices as part of her job as the head of the Connecticut branch of Planned Parenthood. Her lawyer clamed that the law was unconstitutional because it violated her right to privacy as guaranteed by the Ninth Amendment. The Supreme Court agreed ruling the law “uncommonly silly.”

This case made us realize how the bill of right had allot to do with privacy. The 3rd said soldiers couldn’t invade the privacy of your home. The 4th says that you or your stuff can’t be searched except for a good reason. The privacy interpretation of the 9th seems supported by the other amendments. So since Griswold, the 9th has been commonly accepted to mean your right to privacy.

10th: 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 one says kind of what the ninth amendment says, except it involves the states. So any rights that aren’t in the first 8 amendments, belong to the people or the state. It means that things that aren’t so big that they are handled by the government  (like as marriage or traffic rules,) are for the states, and the people.

This amendment basically is regarding religion. Although the US has had many Supreme Court cases challenging rules pertaining to religion, the decisions have only made it better not cured the problems. However, the US will probably never be as bad as other countries.

In 1992 Deborah Weisman did not like that her Public School graduation required her to say a prayer, this led to Supreme Court case Lee V. Weisman. Deborah won.

This amendment also protects your right to speak openly about what you think and feel.  You can do most anything so long as it is just words and not harmful actions.

In the Supreme Court case Tinker V. De moise, a couple of school kids got in trouble for wearing black arm bands to school to protest the Vietnam War. The kids and there parents won the case.

This also means that Congress can’t make any law that denies freedom of press.

Whether or not Banning Books is constitutional has been questioned many times. It is still an iffy-case because some people like it while others believe it violates our freedom of press.

Click to see more about the first amendment.