-The Fifth Amendment also contains the Takings Clause. ● The Sixth and Seventh Amendments: Your Rights to a Fair Trial -The Sixth Amendment says that criminal trials must be carried out quickly, publicly, and in front of an impartial jury. The defendant has the right to legal counsel and to see all the evidence used in the trial. -The right to legal counsel was the focus of the 1963 Court case of Gideon v. Wainwright . -At times, a defendant's Sixth Amendment rights may come into conflict with other rights and liberties -Although the Court acknowledged the media's First Amendment rights in Sheppard v. Maxwell , it said that press coverage should not be allowed to interfere with a defendant's right to due process. ● The Eighth Amendment: Your Protection from Excessive Bail and Punishment - bail: money given over to a court in exchange for a criminal suspect's release from jail until his or her trial begins. - capital punishment: the imposition of the death penalty on a person by the state -The Eighth Amendment protects people in the criminal justice system from excessive
bail, fines, or cruel and unusual punishments. -Most of the legal challenges to this amendment have involved the prohibition of cruel and unusual punishment. - However, most death penalty cases have focused on the method of execution, such as hanging, not on the death sentence itself. -In the 1972 case of Furman v. Georgia , however, the Court focused on the death penalty itself. The Court's decision in Furman v. Georgia put a sudden halt to all executions in the United States. -That year, in Gregg v. Georgia , the Court concluded that the death penalty was constitutional under the new laws. 5.6 Rights and Powers of the State and the people -the Ninth and Tenth, are the most general amendments in the Bill of Rights - The Ninth Amendment is designed to offer protection for rights and liberties not specifically mentioned in the other amendments. - The Tenth Amendment is meant to preserve the balance of power between the federal and state governments. ● The Ninth Amendment: Your Rights Beyond Those Listed in the Constitution - unenumerated rights: rights not specifically listed in the Bill of Rights but given general protection under the Ninth Amendment -The Ninth Amendment is the Bill of Rights' “safety net.” It states that other rights and liberties may exist beyond those listed in the Constitution, and it offers protection for those unenumerated rights. -Although the Constitution does not specifically mention privacy, the Court said that it was an implied right in the First, Third, and Fourth amendments. The Ninth Amendment provides further support, the Court said, by stating that a right need not be cited in the Constitution to be valid. The scope of the right to privacy remains a contested issue, however, and has not been fully resolved by the Court. ● The Tenth Amendment: Powers Reserved for the States and the People -The Tenth Amendment is concerned more with federalism, or the balance of federal and state powers, than with individual rights. -At times, the Supreme Court has struck down federal laws that overstepped the government's constitutional authority. -Many areas of the law, however, are not mentioned in the Constitution or granted to the federal government.
- Fall '16
- Craig Zupi
- United States Bill of Rights