1. Bill of Rights
Sam Brandt
Constitutional Law
Miller-Motte College

2. I have always been intrigued to know what the Bill of Rights is. I’ve heard
them mentioned a time or two in regards to legal rights. As I dig deeply into the Bill
of Rights, I look forward to helping you become more aware of the rights you have. I
hope to help you discover, when and where the Bill of Rights was created, how the
Bill of Rights serves you, and what each amendment is that makes up the Bill of
Rights.
You heard it said time and time again “I plea the fifth,” but where does that
saying originate? It comes from the Bill of Rights, which are the first 10 amendments
of the constitution (Bill of Rights Institute , 2015). The Bill of Rights was passed by
congress on September 25th 1789 and ratified on December 15th 1791 (US History
Orginization , 2013). The Bill of Rights was created in Philadelphia, Pennsylvania
where 13 states came together to develop a plan for checks and balances. Thomas
Jefferson had the idea of the Bill of Rights and James Madison drafted the idea from
him (ACLU Organization , 2015). As stated by Thomas Jefferson on December 20,
1787, "[A] bill of rights is what the people are entitled to against every government
on earth, general or particular, and what no just government should refuse” (ACLU
Organization , 2015).
The Bill of Rights serves the American people by providing protection to
unalienable rights and freedoms that shouldn’t be infringed upon. When the original
constitution was made it did not address individual rights. Also within the
constitution it lays out the government structure that involves the executive,
legislative and judicial branches (American Sentinel University, 2011).
Amendment 1 gives us the freedom of petition, assembly, speech and

3. religion. “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” (US History Orginization , 2013). An
example of a 1st amendment right violation was on April 18, 2013. A Logan Middle
School student, Jared Marcum, wore an NRA shirt with hunting rifles that said
“Protect Your Right” (Keierleber, 2015). Jared was approach by the school secretary
to turn his shirt inside out. Jared’s mother filed a lawsuit against Logan County
Board of Education and 10 employees stating that the punishment infringed on her
sons 1st Amendment rights (Keierleber, 2015).
We have heard a lot about the 2nd Amendment in the last couple of months
with shootings happening everywhere. The 2nd Amendment 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” (US History Orginization ,
2013). On October 10, 2015 at 5am a concealed weapons permit owner was eating
breakfast at a Waffle House when it was robbed at gunpoint. The concealed
weapons owner pursed the suspect and had to kill the suspect for not dropping his
weapon (Hawkins, 2015). This is just one example of how the 2nd Amendment
serves you.
The 3rd Amendment talks about “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” (US History Orginization , 2013).

4. Search and arrest are the key focal points of the 4th Amendment. “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” (US
History Orginization , 2013). In 1914, (Weeks v. United States) Kansas City Police
invaded Mr. Weeks home by finding his spare key outside. Once inside they took
papers, letters, books and other items of value (Judicial Learning Center, 2015). The
police had no search warrant to go inside Mr. Weeks house. This information was
then used to sentence Mr. Weeks guilty of sending lottery tickets through the mail
(Judicial Learning Center, 2015). However, judgment of the district court was
reversed finding Mr. Weeks 4th Amendment rights had been violated. Out of this
case the Exclusionary Rule was born. (Judicial Learning Center, 2015). The
Exclusionary Rule prevents the government from using Evidence against that was
gathered unconstitutionally. It applies evidence gained from unreasonable search
and seizures (Cornell University Law School, 2015).
The 5th Amendment, I am sure, is one that many have mentioned, maybe on
the news about some one pleading the 5th or perhaps a joke about it. “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

5. 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” (US
History Orginization , 2013) . On the evening of November 7, 2012, Jack Coble, a
farmer living in Perry County, Pennsylvania, was approached by a game warden
investigating a tip from a local resident about Jack Coble spot lighting and killing a
deer (Bombay, 2014). Coble was then charged with a citation and a $150 dollar fine.
Taking things a step further Coble hired an attorney saying his 5th Amendment
rights were infringed upon because he never was read his Miranda Rights before
interrogation took place. In the end the Perry County District Attorney sided with
Coble (Bombay, 2014). When Coble was asked why he decided to fight the charge
instead of paying the fine he said “It’s an infringement on my constitutional right. I
mean, a whole lot of my constitutional rights” (Bombay, 2014).
Your 6th Amendment right is important because it gives you the opportunity
to a fair trial. “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” (US History Orginization , 2013).
7th Amendment talks about your civil case rights. “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

6. Court of the United States, than according to the rules of the common law” (US
History Orginization , 2013).
If you find yourself going to prison, the 8th Amendment goes over
punishment, bails and fines. “Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted” (US History Orginization ,
2013).
The rights that the people retain are in the 9th Amendment. “The
enumeration in the Constitution of certain rights shall not be construed to deny or
disparage others retained by the people” (US History Orginization , 2013).
The last amendment, which is the 10th Amendment, goes over state rights.
“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” (US
History Orginization , 2013).
In closing, the Bill of Rights is a necessity as it provides a strong foundation of
protection of rights and freedoms for the American people. I feel its necessary as
American citizens to know and understand these rights. Who knows what life will
throw at you, down the road you might find yourself in a situation where your rights
have been violated. Our founding fathers were way head of there time in helping to
protect us from a growing government infringing on our rights, which seems to
happen a lot in this day of age. Right now somebody somewhere is trying to
challenge and limit those freedoms you enjoy. It is crucial for each citizen to know
their rights in order to defend and stand up for his or her self. So I leave you with
this: challenge yourself to become knowledgeable on the Bill of Rights, and our rich

7. history that has shaped and built our present.
Bibliography
ACLU Organization . (2015, 1 1). The Bill of Rights: A Brief History . (ACLU.org,
Producer) Retrieved 11 26, 2015, from American Civil Liberties
Unionttps://www.aclu.org/bill-rights-brief-history
American Sentinel University. (2011, 9 7). How The Constitution Protects Our Rights.
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http://www.americansentinel.edu/blog/2011/09/07/how-the-constitution-
protects-our-rights/
Bill of Rights Institute . (2015, 1 1). Bill of Rights of The United States of America.
Retrieved 11 11, 2015, from Bill of Rights Institute :
http://www.billofrightsinstitute.org/founding-documents/bill-of-rights/
Bombay, S. (2014, 3 27). Man successfully argues the Fifth in deer killing case.
Retrieved 12 7, 2015, from Constitution Daily :
http://blog.constitutioncenter.org/2014/03/man-successfully-takes-the-fifth-in-
deer-killing-case/
Cornell University Law School. (2015, 1 1). Exclusionary Rule. Retrieved 12 8, 2015,
from Legal Information Institute :
https://www.law.cornell.edu/wex/exclusionary_rule
Hawkins, A. (2015, 10 10). Police Praise Concealed Permit Holder For Stopping Waffle
House Robbery. Retrieved 11 17, 2015, from GOA Gun Owners and America :
https://www.gunowners.org/defense10102015.htm
Judicial Learning Center. (2015, 1 1). Your 4th Amendment Rights. Retrieved 12 8,
2015, from Judicial Learning Center: http://judiciallearningcenter.org/your-4th-
amendment-rights/
Keierleber, M. (2015, 5 15). First Amendment Lawsuit says Student was punished for
wearing a T-Shirt Advocating Gun Rights. Retrieved 11 17, 2015, from SPLC:
http://www.splc.org/article/2015/05/first-amendment-lawsuit-says-student-was-
punished-for-wearing-a-t-shirt-advocating-gun-rights
US History Orginization . (2013, 1 1). Bill of Rights and Later Amendments . Retrieved
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http://www.ushistory.org/documents/amendments.htm