The U.S. Constitution has defined the American legal system since its creation in 1787. However, numerous amendments over the centuries have made it hard to know just what protections the average citizen enjoys. Here are 18 constitutional guarantees that apply to every American.
Protection Against Search and Seizure
In theory, the Fourth Amendment protects every American from being searched without a warrant. However, there are many exceptions to this rule. Cops can examine you if you’re acting or driving suspiciously, and schools have a right to search students that they are responsible for.
Right to Petition the Government
The U.S. Government exists to serve its people, so the people need a way to make themselves heard. The right to petition the government is a First Amendment protection, but this right is sometimes misused. Lobbyists can influence U.S. politics by exercising this right, which arguably corrupts the democratic process.
Right to Bear Arms
The Second Amendment offers America’s most famous protection: the right to bear arms. This right is essential to many U.S. citizens, as according to Gallup, nearly a third own firearms. Still, it remains a controversial piece of legislation, with some Americans believing that it makes the U.S. less safe compared to other countries.
Right to Refuse to House Soldiers
We’re pretty sure you’ll never have to exercise this right, but it’s good to know, just in case. If soldiers ever ask to stay in your home, you’re allowed to turn them away. Still, don’t disregard the Third Amendment, as it helps to ensure that your private property stays just that—private.
No Warrants Without Probable Cause
Warrants allow law enforcers to search properties for evidence of a crime, but they can’t do this without the proper paperwork. Nor are they able to give out warrants to just anyone. The Fourth Amendment protects you from warrants unless the cops have a good reason to serve one.
Protection Against Self-Incrimination
If you’ve ever heard a TV character plead the Fifth, this is what they’re talking about. Protection against self-incrimination gives Americans the right to remain silent if their actions attract the attention of the law. After all, you wouldn’t want to accidentally incriminate yourself in front of the cops.
Protection Against Excessive Fines
Fines are designed to dissuade Americans from taking part in dangerous or illegal activities, and many are painfully expensive because of this. However, things could be even worse if not for the Eighth Amendment. Next time you’re forced to pay up, count yourself lucky that you’re not spending even more.
Protection Against Cruel and Unusual Punishments
Cruel and unusual punishments come in many forms. As NPR reports, some activists think that forcing misbehaving prisoners to eat a punishingly bland meatloaf-style dish in prison violates this constitutional right. Whatever the case, the Eighth Amendment protects citizens from more cut-and-dry abuses of power—culinary or otherwise!
Right to a Trial by Jury
Those who experience legal troubles in the U.S. have the Seventh Amendment to thank for the jury system. Juries keep the judicial system balanced by offering a more grounded perspective on the case. This protection helps to keep America’s legal system democratic—keep that in mind next time you’re called for jury duty!
Freedom of Religion
Data from Pew Research shows that over two-thirds of Americans identify as belonging to one religious group or another, and this wouldn’t be possible without the rights offered by the First Amendment. The First Amendment also offers protection for people who aren’t religious, so believe what you like; it’s a free country.
Freedom of Assembly
Freedom of assembly means that the U.S. government has no control over who you choose to spend time with. As such, you can gather for protests, strikes, or even just to discuss your ideas. Others might disagree with your position, but the First Amendment keeps you safe from being shut down.
Freedom of Speech
Perhaps the most important (and bitterly contested) American right is freedom of speech. In today’s hypercritical climate, people on both sides of the debate are looking for ways to silence their opponents. Luckily, the First Amendment means that everyone gets to air their views—unless those views are defamatory, obscene, or otherwise harmful.
Freedom of the Press
Journalism of all types would be impossible without freedom of the press, which allows newspapers and other content creators to speak without fear of government censorship. However, there are times when the freedom of the press is suspended, such as during major conflicts or times of crisis.
Right to be Informed of Charges
Defending yourself in court is basically impossible if nobody tells you what you’re supposed to have done. Luckily, the Sixth Amendment ensures that suspects are told what they’re being charged with. This helps to keep the country’s legal system transparent and prevents people from being wrongly imprisoned.
Right to Legal Counsel
The American Bar Association reveals that three out of five Americans represent themselves in civil cases, but it’s often better to invest in legal counsel. After all, lawyers know their way around the intricacies of the legal system. The Sixth Amendment offers Americans a vital lifeline during any legal difficulties.
Right to a Speedy Trial
Nobody likes to be kept waiting, so it’s a good thing that the Sixth Amendment protects America’s impatient citizens. The right to a speedy trial is intended to streamline the legal process. Unfortunately, backlogs in the courts sometimes prevent this.
Right to Call Witnesses
Good witnesses can make or break a trial. Luckily, the Sixth Amendment allows Americans to call other people to provide evidence in a legal case on their behalf. Although witness testimony is sometimes inaccurate, it’s important for it to be heard. Otherwise, people risk a miscarriage of justice; where they are convicted of a crime they are not guilty of.
Protection Against Double Jeopardy
If you’re cleared of a specific crime, then you can’t be prosecuted for it a second time—even if new evidence comes to light. The Fifth Amendment prevents the government or courts from harassing average Joes. Therefore, double jeopardy regulations make the legal system fairer for all Americans.
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