Giant Leprechaun
Please focus on 5th and 6th Amendments
1st Amendment
Right to religion, free speech, freedom of press, peaceful assembly, ability to petition for grievances
"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."
1.1 "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;"
? = Does this law pertain to the establishment of religion?
YES / NO
Explain-----
? = Does this law pertain to the free exercise of religion?
YES / NO
Explain-----
1st =
1.2 "or abridging the freedom of speech, or of the press;"
? = Was the defendant denied freedom of speech?
YES / NO
Explain-----
? = Was the defendant denied freedom of the press?
YES / NO
Explain-----
2nd =
1.3 "or the right of the people peaceably to assemble"
? = Were the people peaceably assembled?
YES / NO
Explain-----
3rd =
1.4 "and to petition the government for a redress of grievances."
? = Has the defense been properly repaid for grievances?
YES / NO
Explain-----
4th =
2nd Amendment
Right to bear arms
"A well regulated Militia, being necessary to security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
2.1 "A well regulated Militia, being necessary to security of a free State,"
? = Were the people denied the right to regulate a Militia?
YES / NO
Explain-----
1st =
2.2 "the right of the people to keep and bear Arms, shall not be infringed."
? = Was the right to bear Arms violated?
YES / NO
Explain-----
2nd =
3rd Amendment
Right not to house soldiers
"No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
3.1 "No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
? = Was a soldier quared in a house without the consent of the Owner?
YES / NO
Explain-----
? = Was there a time of war?
YES / NO
Explain-----
? = Was the quartering of the soldier done in the manner stated by law?
YES / NO
Explain-----
1st =
4th Amendment
Right to property
"The right of a person to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall be issued, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized."
4.1"The right of a person to be secure in their person, houses, papers, and effects,"
? = Was the property taken from the defendant?s person?
YES / NO
Explain-----
? = Was the property taken from the defendant?s house? YES / NO
Explain-----
? = Was the property taken from the defendant?s papers?
YES / NO
Explain-----
? = Was the property taken from the defendant?s effects?
YES / NO
Explain-----
Definition (person) = the living body of a human being
(house) = a structure serving as a dwelling for one or several families.
(papers) = a thin sheet material made of cellulose pulp, derived mainly from wood and rags, and used chiefly for writing, printing, drawing, wrapping and covering walls.
(effects) = possessions or belongings
1st =
4.2 "against unreasonable searches and seizures, shall not be violated, and no warrant shall be issued, but upon probable cause, supported by Oath or affirmation,"
? = Was there a search?
YES / NO
Explain-----
? = Was there property seized?
YES / NO
Explain-----
? = Was there a warrant issued for the search?
YES / NO
Explain-----
? = Was there a warrant issued for the seizure of the property?
YES / NO
Explain-----
? = Was there a warrant issued for the seizure of the person?
YES / NO
Explain-----
? = Was there a probable cause?
YES / NO
Explain-----
? =Was the probable cause stated, in the Oath or affirmation, to achieve the warrant?
YES / NO
Explain-----
2nd =
4.3 "and particularly describing the place to be searched, and the persons or thing to be seized."
? = Does the warrant state exactly what item or person that is to be searched for?
YES / NO
Explain-----
? = Does the warrant state exactly what / where is to be searched?
YES / NO
Explain-----
? = Does the warrant state exactly what item is to be seized?
YES / NO
Explain-----
? = Does the warrant state exactly what person is to be seized?
YES / NO
Explain-----
3rd =
5th Amendment
Right to Liberty
"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 the cases arising in the land and naval forces, or in the militia when in actual service, in time of War or public danger; nor shall be subject to the same offense 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."
5.1 "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,"
? = What crime is the defendant being indicted for?
Explain-----
? = What is the Nature?(or All essential elements of the crime)
Explain-----
? = What is the Cause?(actions taken by defense / what the defense caused to happen)
Explain-----
? = What is the Accusation?(Nature + Cause = Accusation)
Explain-----
No one can be held for a crime without first being charged. (Innocent until proven guilty by a Grand Jury)
1st =
5.2 "except in the cases arising in the land and naval forces, or in the militia when in actual service, in time of War or public danger;"
? = Is the defendant in the militia?
YES / NO
Explain-----
? = Is there a time of "War"?
YES / NO
Explain-----
? = Is their public danger?
YES / NO
Explain-----
2nd =
5.3 "nor shall be subject to the same offense to be twice put in jeopardy of life or limb;"
? = What is the Nature of the Accusation in the Legslative Act?( or All essential elements)
Explain-----
? = What is the Nature of the Accusation in the penal code?( or All essential elements)
Explain-----
? = What is the Cause of the Accusation?
Explain-----
? = Are both Nature and the Cause of the Accusations the same?
YES / NO
Explain-----
? = What is the Accusation. (Nature + Cause = Accusation)
Explain-----
3rd =
5.4 "nor shall be compelled in any criminal case to be a witness against himself,"
? = Does the defense have to give up evidence, or incriminate himself, before being indicted; or does the defense have to prove something right or wrong?
YES / NO
Explain-----
I must incriminate myself to prove that I am or am not an officer of the law. (See 10th Amendment / all men are created equal)
4th =
5.5 "nor be deprived of life, liberty, or property, without due process of law"
? = Was the defense deprived of life without due process of law?
See scientific law
YES / NO
Explain-----
? = Was the defense deprived of liberty without due process of law?
See scientific law
YES / NO
Explain-----
? = Was the defense deprived of property without due process of law?
See scientific law
YES / NO
Explain-----
Definition (life) = the interval between birth of an organism and its death.
(liberty) = the condition of being free from restriction or control; freedom
(property) = a possession
5th =
5.6 "nor shall private property be taken for public use without just compensation."
? = Was their just compensation for property taken?
YES / NO
Explain-----
6th =
This goes with the 5th amendment and 6th
Scientific definition of the word law. Through a scientific experiment
Hypothesis = what is stated in the Act = If N+C then A
N = Nature of accusation or All essential characteristics
C = Cause of accusation or the actions taken by defense
A = Accusation = outcome / Nature + Cause = Accusation
Experiment = Control = Act passed through congress = N+C=A
Variable = what really happened in this case = N+C=A
Outcome = If control N+C=A,
And if the variable N+C=A,
are the same 100% of the time
Then it is law.
Outcome or Result = Accusation = charge = Nature + Cause
If the control N + C, and the variable N + C, are not the same,
Then double jeopardy occurs and / or self incrimination will occur
If N does not = C
Then double jeopardy occurs and / or self incrimination will occur
6th Amendment
Right to a speedy and public trial, an impartial jury, informed of the charges, Assistance of Counsel
"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 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 witness in his favor, and to have the Assistance of Counsel for his defense."
6.1 "In all criminal prosecutions,"
? = Is this a criminal prosecution?
YES / NO
Explain-----
1st =
6.2 "the accused shall enjoy the right to a speedy and public trial,"
? = Was the accused given a speedy and public trial?
YES / NO
Explain-----
2nd =
6.3 "by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have previously ascertained by law"
? = Was the jury from the State and district that the crime was committed?
YES / NO
Explain-----
? = Was the jury impartial to the defense?
YES / NO
Explain-----
The public / jury is influenced by the State / Federal government every time they see an advertisement (TV, Books, Radio, Paper fliers) not to do the action in question. Every time the public / jury read a book issued by the state, the state is at that time impartialing the public / jury to the way the government says it should be.
3rd =
6.4 "and to be informed of the nature and cause of the accusation,"
? = Was the accused informed of the nature in the Act and in the Code?
Or the essential elements
YES / NO
Explain-----
? = Are they the same?
YES / NO
Explain-----
? = Was the accused informed of the accusation in the Act and in the Code?
Nature + Cause = Accusation
YES / NO
Explain-----
? = Was the accused informed of the cause?
Or what the defense caused to happen to be accused?
YES / NO
Explain-----
Definition (Nature) = the essential character of a person or thing
(Cause) = to make happen
(Accusation) = to bring charges of wrongdoing against someone for a misdeed
4th =
6.5 "to be confronted with the witnesses against him,"
? = Was the defense confronted by the witnesses against him?
YES / NO
Explain-----
5th =
6.6 "to have compulsory process for obtaining witness in his favor,"
? = Was the defense given the ability to get witnesses for his defense?
YES / NO
Explain-----
6th =
6.7 "and to have the Assistance of Counsel for his defense."
? = Was the defense allowed to have Assistance of Counsel?
YES / NO
Explain-----
Definition (Assistance) = help or aid
(Representation) = a person or thing serving as an example or type
7th = -----
7th Amendment
Right to Jury Trial
"In suites 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 reexamined in any Court of the United States, than according to the rules of common law."
7.1 "In suites at common law, where the value in controversy shall exceed twenty dollars,"
? = Are items in controversy worth more than $20?
YES / NO
Explain-----
1st =
7.2 "the right of trial by jury shall be preserved,"
? = Was there a jury trial?
YES / NO
Explain-----
2nd =
7.3 "and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States,"
? = Is the evidence for the appeal, the same evidence used in the jury trial?
YES / NO
Explain-----
3rd =
7.4 "than according to the rules of common law."
? = What does common law state must be done to reexamine evidence used in the jury trial?
YES / NO
Explain-----
4th =
8th Amendment
Right not to receive excessive bail / cruel or unusual punishment
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted."
8.1 "Excessive bail shall not be required,"
? = Was excessive bail required?
YES / NO
Explain-----
1st =
8.2 "nor excessive fines imposed,"
? = Was there excessive fines imposed?
YES / NO
Explain-----
2nd =
8.3 "nor cruel or unusual punishment inflicted."
? = Was there cruel or unusual punishment inflicted? Or did the punishment do more damage than the cause created?
YES / NO
Explain-----
3rd =
9th Amendment
Right to the Peoples power
"The enumeration in the Constitution, of certain rights, shall not be constructed to deny or disparage others retained by the people."
9.1 "The enumeration in the Constitution, of certain rights, shall not be constructed to deny or disparage others retained by the people."
? = Did the governing bodies infringe any of the Rights, Amendments 1-10, given to the people?
YES / NO
Explain-----
1st = Right to religion, free speech, freedom of press, peaceful assemble =
2nd = Right to Bear Arms =
3rd = Right not to house soldiers =
4th = Right to posses property, against searches or seizure?s =
5th = Right to Liberty =
6th = Right to an impartial jury / inform accussed =
7th = Right to jury trial =
8th = Right not to receive excessive fines, cruel, or unusual punishment =
9th = Right to peoples power =
10th = All men are created equals =
10th Amendment
All men are created equals in the eyes of the law
"The power not delegated to the United States by the Constitution, nor prohibited by it to the State, are reserved to the State respectively, or to the people."
10.1 "The power not delegated to the United States by the Constitution,"
? = Was this power directly given to the Federal Government in the Constitution?
YES / NO
Explain-----
1st =
10.2 "nor prohibited by it to the State,"
? = Did the State have to do the prohibited Act, or violate the law, to inforce the law?
YES / NO
Explain-----
2nd =
10.3 "are reserved to the State respectively, or to the people."
If the right is not given to the Federal Government by the Constitution, or prohibited by the State, then the power is given to the State, if not given to the People by Amendments 1-10.
YES / NO
Explain-----
Bill of Rights