The Bill of Rights are the first ten amendments to our U.S. Constitution and should be regarded by all Americans as a sacred covenant made by our founding fathers to serve and protect the American people. The Bill of Rights is just that: inalienable rights, not a set of half-hearted promises or empty words to be trodden down by a supreme court justice. No mincing of words, but rather the Bill of Rights is a clear and concise rule of constitutional law to guarantee our citizenry against the threat of tyranny and oppression that the early colonists fled from their native England.
1. Freedom of Speech, Freedom to Assembly, Freedom of Religion and Freedom to Petition.
Under our constitutional law, every American should have the right to state his or her case, whether it be popular opinion or not. This right extends to all of those who agree to disagree. We must guarantee the media unrestricted reporting without the threat of censorship. In addition, Article 1 asserts the right of every American to make known his grievances and petition his case before a court. Furthermore, we are granted the self-expression to serve out God in any manner we see fit or have the rights and freedom to abstain from worshipping at all.
2. Right to Bear Arms.
The Second Amendment extends to all adult members of society to have the right to own and operate a weapon under the legal requirements of the law. This doctrine ensures our protection against tyranny and grants each individual the right to protect life and property. Recent legislation has, however, challenged this constitutional right by limiting the gun registration laws in certain states.
3. Protect From Quartering Troops.
The Third Amendment was enacted to protect the citizens from undue financial and emotional burdens of housing soldiers in their home. Harboring a soldier may be carried out, but only with the consent of the home owner.
4. Protection of Unreasonable Search and Seizure.
The Fourth Amendment declares the privacy of a person's home, papers or possessions in the event of an unlawful search and seizure. No seizure may be made without proof of probable cause and a warrant from a court will be necessary to verify under oath that the search and seizure is valid.
5. Due Process, Double Jeopardy, Self-incrimination and Eminent Domain.
The Fifth Amendment asserts our rights to fair and due process under the law. There are a fixed amount of days that a person may be held in custody before formals charges must be filed at arraignment, and the defendant may not be tried a second time, via double jeopardy, on the same charge once acquitted or pronounced not guilty. The self-incrimination protective clause provides that no one is mandated to answer a legal question that may incriminate him or herself in a court of law. No consequence may be attached to an individual's right to assert his or her "Fifth Amendment rights" and this clause also covers protected relationships such as spouses, clergy, medical doctors, etc. The eminent domain clause protects our property rights that government may not maliciously seize a person's land or homestead in a power grab. The eminent domain process requires the government to pay market value for the property that is fair and equitable for both parties.
Joe Cline writes articles about various Austin civil law firms and legal topics, but is not a lawyer. If you'd like professional legal advice you can contact a licensed lawyer and Austin receivership lawyer such as Guillermo Ochoa-Cronfel at The Cronfel Firm for expert legal advice and counsel.
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