Quick Answer: What Are The 8 Amendments?

Why was the 9th amendment passed?

The ninth amendment was added to the Bill of Rights to ensure that the maxim expression unique est exclusion alterius would not be used at a later time to deny fundamental rights merely because they were not specifically enumerated in the Constitution..

What is the main idea of the Ninth Amendment?

The Ninth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. It says that all the rights not listed in the Constitution belong to the people, not the government. In other words, the rights of the people are not limited to just the rights listed in the Constitution.

What does the 1st Amendment State?

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.

What is the 8th Amendment in simple terms?

The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining …

What is 9th Amendment example?

The Ninth Amendment is my favorite: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” … For example, there is no right to health insurance because that would curtail the freedom of all citizens by burdening them to pay for it.

What are the 9 and 10 amendments?

The Ninth Amendment says, “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” The Tenth Amendment says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States …

How does the 8th Amendment apply today?

The rights under the Eighth Amendment largely apply to the punishment phase of the criminal justice system; but these rights can also apply whenever individuals are injured at the hands of government officials.

Why is 9th amendment important?

The Ninth Amendment clearly rebutted the possible presumption that enumeration of some rights precluded the recognition of others. By its terms, it provides that the enumeration of specific rights should not be “construed to deny or disparage” other rights.

How does the 8th amendment affect law enforcement?

The Eighth Amendment is clearly related to the sentencing for crimes. Both the excessive fines clause and the cruel and unusual punishment clause have an effect on how convicted criminals may be sentenced. As stated above, both fines and jail sentences or other penalties should be proportional to the crime committed.

What is an example of the 1st Amendment?

1st Amendment Example Involving the Establishment Clause One notable case example on the 1st Amendment is that of Everson v. Board of Education, 330 U.S. 1 (1947). A New Jersey school authorized reimbursement by school boards for transportation to and from school, including private schools.

What is not protected under the First Amendment?

Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial …

Why the 8th amendment is important?

The 8th Amendment is important because it protects the individual from excessive bail or fines, and from “cruel and unusual punishments.” … The Court has not explicitly ruled on whether the Excessive Bail and Excessive Fines Clauses apply to the states.

What violates the 8th Amendment?

The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

What does I plead the 6th mean?

Posted on August 1, 2019 by David Carroll Posted in Pleading the Sixth. Pleading the Sixth: Forcing trial court judges to design and directly oversee the system that provides attorneys to represent indigent defendants always opens the door to the dangers of undue judicial interference with the right to counsel.

What is the 1st Amendment in simple terms?

The First Amendment 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.”

What is an example of Amendment 8?

This generally means that the fines shouldn’t be out of proportion with the type of crime committed. For example, charging a $1 million fine for littering. The protection from “cruel and unusual punishment” is perhaps the most famous part of the Eighth Amendment.

What are 10 amendments?

The Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans’ rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion.

What is 9th Amendment?

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.