Nutshell #1 The Bill of Rights

The Bill of Rights consists of Ten Amendments, and each amendment works to protect a basic right of each person in the United States. The First Amendment grants every citizen the right to free speech, press, religion, assembly, and petition. The Second Amendment is the right to bear arms, or to put it simply, the right to own a gun. The Third Amendment is pretty much a moot point today, it deals with quarting soldiers during a time of war, which doesn't really happen anymore. The Fourth Amendment deals with unreasonable search and seizure of a person and/or their property. The Fifth Amendment prevents double jeopardy, and states that a grand jury is required for infamous crimes. The Sixth Amendment calls for a quick and public trial. It also lists a variety of other rights you have while in the trial. The Fifth and Sixth Amendments are paraphrased into the Miranda rights, which are read to anyone who is arrested. The Seventh Amendment is also a moot point seeing as how most cases involving a descrepency of $20 or less, are settled outside of a court. The Eighth Amendment bans excessive bail as well as cruel or unusual punishment. The Ninth Amendment prevents other rights not listed in the Constitution from being withheld from the general population. The Tenth Amendment says that any power not given to the Federal government in the Constitution is reserved for the States or the people.

The First Amendment is a highly controversial one. The rights given all seem logical enough, and they seem to be rights that should be guaranteed to everyone. The real question becomes whether or not limits should be placed on these rights. For example, the Westboro Baptist Church pickets the funerals of military personnel saying that they died for a sinful country, and that the soldier is now in hell. Should this really be allowed? No matter what a person may think based on their morals, this is completely legal, and any law against it would be considered "unconstitutional". In fact, the U.S. Supreme Court just finished trying a case against the Westboro Baptist Church, Snyder v. Phelps. They ruled in favor of the church, despite how controversial its protesting may be. The First Amendment's job is basically to protect everyone's opinion, and to allow them to express that opinion in various ways without consequence.

By knowing the Miranda rights, a person would be better prepared to face law enforcement. If you are not read the Miranda rights when you're arrested, things you say cannot legally be held against you in a court. It all goes back to due processes, and knowing your rights within the legal system. However, as with any law loop holes can be found. In the case of, Berghuis v. Thompkins, since the suspect did not specifically say that he was envoking his right to remain silent, everything he said was admissable in court. The Supreme Court was split, but ultimately decided that the evidence was able to be used.

Nutshell Number 2: We Hold These Truths to be Self Evident...
Nutshell Number 3: Old Hickory