Day 15: U.S. Constitution
The Bill of Rights (pt. 2)
Amendment V
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.
Amendment VI
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 favor, and to have the Assistance of Counsel for his defence.
Amendment VII
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.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
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.
Questions:
1) Where do the rights of government come from?
2) What powers are delegated to the United States, and what powers are reserved to the states and people?
Answers:
1) The 9th amendment clearly shows that government’s rights come from the people delegating certain rights to the government. The creation can never assume greater powers than the creator possesses.
2) Article 1, section 8 of the U.S. Constitution listed the powers delegated to the federal government. All other powers are reserved to the states or the people who are to be self-governing. For example, the federal government has no constitutional authority to assume the role of education because that was always intended to be a local issue where states and communities did what was in their best interest for the education of children.
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