The Bill of Rights: An analysis

While reading through the bill of rights, it struck me that some of these amendments were absolute, and that some of them allowed the states to choose the manner in which they would be respected, or even to respect them. I have highlighted the phrases that indicate the difference.


Amendment I
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.

(This means that an individual state might have the authority to establish religion, or prohibit free speech, but not the federal government (congress).)

Amendment II
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.

(This means that no power has the authority to limit, in any way, the right of the individual to keep and bear arms. Violating amendment 1 while the people are armed, wouldn't be a very good idea)

Amendment III
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.

(The "prescribed by law" qualifier makes this one stretchable)

Amendment IV
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.

(Another one that neither the state, nor the federal government may violate. )

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.

(Another one that neither the state, nor the federal government may violate. )

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 defense.

(this one must be obeyed by both state and federal government)

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 reexamined in any Court of the United States, than according to the rules of the common law.

(this one cites "common law" they have circumvented this one in many cases, by using the UCC instead of the common law)

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

(only the fuzzy definition of excessive and "cruel and unusual" allow this one to be circumvented)

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

(this one is circumvented by a lack of education in the people. If the people don't claim a right, then you can't say it was denied.)

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.

(this one was made unenforceable by the states by the 17th amendment which robbed the individual states of representation in the federal government by making the election of senators by popular vote, instead of appointment by the state legislatures.)


comments are welcome.