Thursday, September 1, 2011

Amendments V, VI, VII, and VIII

Join us at 6pm in Temecula at Faith Armory, 27498 Enterprise Cir. W. next to Birth Choice. Class is free. Pocket Constitutions are handed out to all attendees.

Here's a little preview. . .

The majority of the of the Fifth Amendment provides additional reinforcement to the concept of due process. The language of this Amendment was designed to assure those that feared the potential tyranny of the new centralized government created by the United States Constitution that the federal government would be restrained in such a way as to ensure that the government did not perpetrate bloodshed against its citizens. . .

Having a sense of independence, individuals must be protected, then, from the tyrannical trappings of a governmental system that may try to use the judiciary against them (as the King of England had done often). The protective mechanism, or "the rule of law," would be the U.S. Constitution and clauses like the Fifth Amendment which were designed to provide protection to the populace from unfair legal practices. . .

Rights afforded in all criminal prosecutions are set forth in this amendment. Remember that we have discussed that the Constitution applies only to the federal government, unless it states otherwise. The Sixth Amendment is one of those articles that includes the States. The word "all" provides that this amendment is not only to be applied to the federal courts, but to the State, and lower, courts as well. . .

The Seventh Amendment also expressly forbids federal judges to re-examine any "fact tried by a jury" except as allowed by the common law. This means that no court, trial or appellate, may overturn a jury verdict that is reasonably supported by the evidence. . .

No comments:

Post a Comment