Amendments For the People
These are specific amendments that we have simplified to help you understand our human rights and advance liberty for all oppressed people. Please be aware, these rights and amendments are honored by the government and public institutions, not necessarily private institutions. Remember, it's up to people, folks like you, to organize and make change a reality. Words on paper have never sufficed.
Amendment 1
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
You can speak freely about whatever you wish to talk about, but the Supreme court restricts ‘free’ speech.
Speech that instigates illegal activity and is laced with vulgar language is prohibited by the government in public spaces.
The government can’t decide on how, or where, you worship God if you do. The government cannot promote or restrain religion in public spaces or within the church. This amendment keeps faith and government separated.
You can use government property as a platform to share ideas. The government is required to make public spaces like sidewalks and parks available for speeches, but some spaces like schools on the weekends, military bases, and jails are prohibited.
The state in which you live decides whether marching on the street and highway is permissible or not.
Any citizen in America can submit petitions, contact elected representatives, testify before a legislative body, and ask the government to change their policies in public spaces.
Amendment 2
“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.”
The age requirement for the purchase and possession of different types of firearms differs for each state. To find out what is permissible in your state, visit these websites:
https://giffords.org/lawcenter/gun-laws/policy-areas/who-can-have-a-gun/minimum-age/
Amendment 4
“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.”
If the FBI, DEA, CIA, ICE, ATF, police officers, and any other federal agent find any evidence without a search warrant, it must be thrown out prior to your trial; it cannot be used against you in court.
Every federal agent must provide a reason for their search, before they search. No federal agent can search without stating an explicit reason for their search.
An expectation of privacy--think of your house, phone, notebook, or a one on one conversation-- is granted to every citizen, and federal agents need a search warrant to search these items as well. Yet, there are exceptions to search warrants. The plain view exception says that if illegal activity is committed in plain view there is no need for a search warrant.
A great example of this can be found here.
Amendment 5
“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.”
A Grand jury takes place in district and federal cases, and the grand jury is only utilized when a felony has been committed. A grand jury is a body that decides whether or not to bring a charge against someone. They don’t decide on guilt or innocence only if there is enough probable cause to indict.
You can’t be prosecuted twice for a crime in the same legal case.
You have the right to remain silent. You don’t have to answer any questions when pulled over by the police or during trial. The choice to speak is yours.
When you are detained by the police, your Miranda rights must be read to you. If not, the case can end in a mistrial due on the prosecutors behalf.
The taking clause (eminent domain) means the state and federal governments have the right to take your land, personal possessions, animals, patents, and copyrights for public use, with just compensation.You aren’t subjected to double jeopardy.
Amendment 6
“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.”
A speedy trial summed up means the State can’t hold the accused until the State has proof a crime has been committed.
If you can prove the State has prolonged the investigation any conviction or indictment will be overturned. Each case varies significantly.
Additionally, you have a right to a trial by jury with the power to utilize a court subpoena to have witnesses testify in your trial.
Remember, during this process, you have the right to a state or private lawyer.
Amendment 7
“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.”
You have a right to a trial by jury in non-criminal cases if the amount in controversy is at least $20.
Someone cannot sue you in one state if they already lost the same suit in another state.
Amendment 8
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Bail can not be used to punish a person, it should be set upon the perceived evil. It should be used to guarantee that the person comes back to trial.
Hefty bails can be charged under due process, yet the bail cannot be disproportionate to the crime.
No cruel and unusual punishment can be inflicted in interrogation. The state can be cruel, but not unusual, they can be unusual, but not cruel. No punishment can be used to humiliate you. It has to be clear what your punishment is. The punishment has to be rejected by society in order for it to be considered cruel. There cannot be an execution of minors or the mentally handicapped.
Amendment 9
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Constitutional rights are not exhaustive. The populace possesses other rights that are not explicitly stated in the Constitution, such as the right to privacy.
Amendment 13
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
Slavery is illegal, unless it’s imposed as a punishment for a crime.
One must be duly convicted of a crime in a court of law to be subject to the involuntary servitude clause of the 13th Amendment.
Amendment 14
“Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Everyone born in America is a citizen. It guarantees equal rights for all citizens, and prohibits the government from depriving the rights of any citizen. Certain rights can only be revoked after fair treatment through the judicial system.
Amendment 15
“Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.”
All citizens of the United States have the right to vote, and they can’t be discriminated against (i.e. prohibited from participating in the voting process) based on ethnicity or occupational status.
Amendment 26
“The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”
No state can deny anyone 18 or older their right to vote in state and national elections.