Keoni Buenavista
Date: 05/10/2022
Prompt: Which rights or protections guaranteed in the U.S. bill of rights are the most important and most applicable today?
Through reading the Bill of Rights, which are the first ten amendments to the United States Constitution, I have seen which of those amendments are the most applicable and important today. Starting with the main function of these amendments and why they were added to the constitution; it helps to guarantee the personal rights and freedoms of citizens in the country. Along with the idea of ensuring rights and freedoms, the government is given limitations as to what it can do which also relates to the statute that the people are given the powers that have not been granted to the United States government.
Out of the ten amendments, one that stuck out to me as being the most important was the first amendment, which contains many clauses regarding protections. The text states, “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.” The main ideas that are discussed within the first amendment (going from first to last-mentioned) are the restriction of making a law that favors or respects an establishment of religion; freedom to exercise religion; freedom of speech; freedom of the press; freedom of assembly, and the ability to complain to the government on issues of concern. I believe this to be the most important because our society runs on communication, whether it be by word of mouth, by mail, the internet, or another form of communication. For people to work together, get their ideas across, or solve problems, we need to be able to have the right to express our ideas. The right to freedom of the press, exercising of religion, freedom of assembly, and the ability to petition for a government redress of grievances all reflect having the right to communicate or express one’s self in the United States.
Today, I have seen many applications for the first amendment. People all over the United States have and continue to express their opinions on certain topics of interest online, which is protected under the first amendment. Those that are also into the political space, are allowed to talk about the things that they like or do not like about the United States, with no penalty, as all US citizens are given the freedom of speech. Speech in certain contexts such as conspiring to commit a crime or serious offense is not protected under the first amendment. In terms of the other clauses, the freedom of the press is utilized heavily in the United States, especially with online media and influencers that choose to talk on a variety of different subjects or issues, especially issues that pertain to the United States politics.
The rights and protections that I see to be the most relevant and important today, it is contained within the fifth and sixth amendments. Looking at the fifth amendment, the text states, “The Fifth Amendment protects against double jeopardy and self-incrimination and guarantees the rights to due process, grand jury screening of criminal indictments, and compensation for the seizure of private property under eminent domain. The amendment was the basis for the court’s decision in Miranda v. Arizona (1966), which established that defendants must be informed of their rights to an attorney and against self-incrimination before interrogation by police.” In summary, the amendment has a few clauses that protect individuals from incriminating themselves in a court of law and from being charged for the same offense twice. Additionally, individuals are given the right to due process, compensation for having property seized or taken by the government for public use, and grand jury screening of criminal indictments.
Currently, while the fifth amendment isn’t discussed much in the media, it is still quite relevant in court cases. Whether it be in federal, state, or local courts, all individuals that are brought to trial are guaranteed the rights stated in the fifth amendment. Ever since the establishment of this amendment, individuals have been protected in court, and the same applies to the sixth amendment as well.
The sixth amendment in the United States Bill of Rights contains clauses that are similar to the fifth amendment in the sense that it is about court rights and protections. Here, in the amendment it has 6 clauses; the text of the amendment states: “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 defense.” Beginning with the first clause stated it is the right to a speedy and public trial meaning a trial that is protected from unnecessary delay and that is open to the public. Other clauses stated are the right to trial by an impartial jury, the right to confront witnesses, the right to a lawyer, the right to be informed of the criminal charges, and the right to compel witnesses to appear in court.
The last protection that is most relevant and important today is the second amendment. In today’s society, this amendment has been one of the most debated as it has to do with the right to keep and bear arms. It states “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.” Over the years, there have been a few supreme court decisions that have defined the meaning of the amendment and the restrictions that it has. For example, in the District of Columbia v. Heller case in 2008, the Court ruled that the Second Amendment “codified a pre-existing right” and that it also “protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home” but also stated that “..the right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose”. So with this, citizens are essentially given the right to bear arms but only for specific reasons or purposes, and in the right places.