Did you guys miss me? Sorry, I’ve been so busy! And then I had every intention of writing yesterday, but other things came up.
Also. I think I am officially old. Justin Verlander pitched in his last game yesterday, and I think he was the last athlete on the Beks Mount Rushmore to retire. I’ve said it before, but you don’t love athletes when you’re an adult the way you do when you’re a kid. That would be weird. And they’re all mostly younger than you now. But having my childhood fave play until I was in my 30’s? Well, let’s just say there have been some tears shed watching all the videos and listening to the radio call (live) for his last strikeout.
So anyway. The Constitution! Let’s finish up the Bill of Rights today, shall we?
Sixth Amendment – 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.
In every criminal case, the accused person has the right to a speedy and public trial by an unbiased jury from the state and district where the crime is accused of happening. The accused must be told the nature of the charge, must be able to force the witnesses testifying against them, must be able to force the witnesses in their favor to appear, and have access to a lawyer.
This is of course an interesting one to me, but what does “speedy” mean? What does “unbiased jury” mean in cases that are widely known (think a public assassination or celebrity accused of a crime)? Things have gotten more complicated these days. Courts have so many cases on their plates which slows everything down. Media, especially social media, have made a lot of crimes much more public. We have more evidence (true or false) from citizen journalists than ever before. Finding unbiased jurors is harder than ever.
But that doesn’t change the rights of a person. A person is innocent until proven guilty. There are some interesting ideas for reforms in this realm – maybe I’ll write more about those later. As a society who sometimes forget what justice means, we cannot lose sight of the rights the founders and framers fought for for the accused. And I’ve said it before, but we know that politics are used when accusing someone of a crime. If it can happen to somebody, it can always eventually happen to you. Don’t wait to understand your rights until it’s too late!
Seventh Amendment – 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.
In ordinary civil lawsuits where the amounted dispute is more than $20, the right to a jury trial is protected. No decision given by a jury can be re-examined in any United States court except according to the traditional rules of common law.
This one is pretty straightforward – once a civil lawsuit is settled, it’s (basically) done. Next!
Eighth Amendment – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Excessive bail, excessive fines, and cruel and unusual punishment are not allowed.
I got a LOT of thoughts about this one. Once again, the terms are slightly vague, but I definitely err on the side of citizen rights. Now if a person is accused of murder, should they face the same bail as someone who stole something? No. But should a poor person have different bail than a poor person for the same crime? I lean towards also no.
Cruel and unusual punishment is another one. Everyone says it, but what does it look like practically? Does it mean a person found guilty of a crime should not be allowed to sleep for 6 hours uninterrupted each night? Does it mean a person guilty of some crimes, but not others, should be deprived of seeing the sun? I have opinions about this, and I’m sure you do, too.
SCOTUS has defined a lot of things, too, but when in doubt, I’d at least encourage you to think about what it means if we err on the side of the rights of the accused. Draw it out to its most “extreme” conclusion and see where you land.
And I also like to think about what the point of jail really is. Is it to protect society from bad people? What about once they get out? Thinking about this helps me think about what cruel and unusual punishment looks like. I feel myself starting to rant, but definitely gonna stop myself before I get going lolz
Ninth Amendment – The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Just because the Constitution lists some rights, that doesn’t mean other rights kept by the people are denied or less important.
So this of course might be an amendment that seems like it can be used and abused. If we are erring on the rights of the people though, it’s a good thing it was included. This is saying people still have the right to do things like get married, raise their children, refuse medical treatment, etc.
Will there always be bad actors who try to abuse the Constitution? Of course. But as an individual human being, I value my rights which do not come from the government, but rather my creator. The power of the government comes from ME (and you and you and you, dear reader)
Tenth Amendment – 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.
Any power the Constitution does not give to the US Government, and that the Constitution does not forbid the states from having, belongs to the states and the people.
So this was the amendment I teased before that might be the most important part of the Constitution. This is a common belief in circles where I run, so I can’t take full credit for it, but what do y’all think? Think about what this means – any power not expressly given to the federal government belongs to the states or the people. Government has gotten SO BIG and the states have ceded much ground on this front.
Things the states have ceded power to the federal government on: education, healthcare, welfare, business and labor regulations, environmental regulations. For a long time, abortion fell partially in this arena. Now it’s back a bit more in line with the Constitution.
Basically if the Constitution doesn’t explicitly give the power to the US government, states should decide if that thing should even exist. Would some states get rid of all welfare? I think we’re too far gone for that, but hypothetically, that decision should come from each state. Same with healthcare. If Massachusetts wants to have Romney Care for healthcare, fine. If Texas doesn’t want it, great.
This amendment should be the check on the federal government, but I fear it’s too late. Here’s an example: hurricane/tornado/flood/fire happens. What is the first thing most Governors do? Turn to the President and ask for federal help. If the states are going to rely on the federal government to bail them out (or even just help) when disaster strikes, what proof do we have that they will push back on the government in other important areas? Past behavior is the best indicator of future behavior…
You might fall somewhere in the middle. Maybe you think the country has gotten really big and we need the federal government to hold us together. Maybe you think some things not expressly outlined in the Constitution fall under parts of the Constitution so it’s okay for the federal government to get involved.
So, I appreciate the 10th Amendment, and not just because it was mostly included to appease the anti-federalists. I think it’s the amendment that is abused more than any other, although that’s definitely another fun thought experiment for nerds like me.
Enjoy the football today!
