A
In June 2002, the Ninth Circuit Court of Appeals ruled that the phrase “under God” in the Pledge of Allegiance was unconstitutional. They were ultimately unsuccessful, but what Amendment do you think they relied upon?
Amendment 1
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
The U.S. Government can’t torture people to death, no matter how heinous their crime. Why not?
Amendment 8 (no cruel or unusual punishment)
This Amendment protects people from being tried again for the same crime after a jury finds them not guilty.
Amendment 5 (double jeopardy)
Although minors in most states are not allowed to have guns, and felons are not allowed to own guns, no state can make a law saying that guns are illegal. Why?
Amendment 2.
"...the right of the people to keep and bear Arms shall not be infringed."
When the Judge tried to make Rob Banks take the stand and testify at his own larceny trial, he refused, and there was nothing the Judge could do to force him to testify. Why not?
Amendment 5
(right to not self-incriminate)
It costs the government a whole lot of money to build barracks and army bases for our troops—why can’t we just say that every family with an extra bedroom in their house (or a spare couch) has to let a soldier stay?
Amendment 3.
"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner..."
Steve McQueen gets a speeding ticket. When he goes to pay it, he’s told that the fine is $1 million. Steve is outraged and claims that such a fine is unconstitutional. Why?
The government can't set excessively large fines.
Slow Joe is the world’s slowest trial lawyer. He takes so long to get through a case, that his clients wait five years on average to go to trial. Client Chris doesn’t think this is constitutional? Why?
Amendment 6 (right to a speedy trial)
Which Amendment allows me to wear a T-Shirt that says "The President Sucks" when I go to the DMV?
Amendment 1 (freedom of speech)
We learned not so long ago that if the police don’t have a warrant, probable cause, or your consent, and you are not on probation, in a school, or at the airport, the police can’t just randomly go through your house. Why not?
Amendment 4
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..."
Lazy Judge Lewis is tired of hearing all these whining witnesses, complaining in court about what the defendant did. He decides it would be a lot easier if everyone just wrote sworn letters to the court, and then he could do a whole trial without ever leaving his LaZ-Boy! The defendant tells the judge that this is unconstitutional. Why?
Amendment 6 (right to confront witnesses against you)
It really annoys me when cyclists – part of this “critical mass” movement – group up and block the road, causing a huge traffic jam. Why is this allowed?
Amendment 1 (freedom of assembly)
In most states, you’re not allowed to marry your cousin. In a couple of states, though, marrying your own cousin is A-OK. Why doesn’t the Constitution keep states from having such inconsistent rules?
All powers not granted to the national government are reserved for the states.
Dirty Harry comes back with an anonymous tip, delivered via the police department’s anonymous-tip-telephone-line. The tip says, “Bob Law is up to no good.” The Judge shrugs and writes out a warrant. It says “Warrant – Search Bob Law’s House – for illegal stuff.” Why isn’t this good enough?
Amendment 4.
"...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."
The President hates the National Enquirer. He thinks they’re evil, and demands his friends in Congress put a stop to their mischief. His friends just shrug and say there’s nothing they can do. Why not?
Amendment 1 (freedom of the press)
Dirty Harry goes to Judge Dredd and demands a warrant to search the home of Bob Law. He says he’s got a hunch Bob’s up to no good. Judge Dredd tells Dirty Harry he’ll need a lot more than that to get a warrant – why?
Amendment 4
"...no Warrants shall issue, but upon probable cause..."
Nothing in the bill of rights mentions a woman’s right to choose, but the Supreme Court decided that women nonetheless have a Constitutionally-protected right to abortion. Why does this right get protection even though abortion wasn’t mentioned by our Founding Fathers?
Amendment 9
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Everyone knows that Serial Killer Sam is guilty of a lot of stuff. If G.I. Joe goes home for the holidays and finds Serial Killer Sam camping out in his backyard in Illinois, how come he has to call the cops—and why can’t the cops just shoot Serial Killer Sam on the spot?
Amendment 5 (due process of law)
The Ninth Circuit Court of Appeal ruled that it was unconstitutional to give a man a life sentence for the petty theft of about $100 in videotapes from a local K-Mart. Why?
Amendment 8 (cruel and unusual punishment
Nowhere in the Constitution are women even mentioned. Even so, women have the right to vote and participate in government. What amendment protects that right?
Amendment 9
(Just because the Constitution/Bill of Rights doesn't specifically mention a right, doesn't mean it doesn't exist.)
Ru Paul is arrested for disturbing the peace in Los Angeles. Sneaky Pete, the prosecutor, wants to have the trial moved to Alabama, where he’s sure he can get a conviction on Ru Paul’s looks alone. The judge rolls his eyes and tells Sneaky Pete the constitution won’t allow such a move. Why not?
Amendment 6
(Right to an impartial jury)
There isn’t actually a national law about the drinking age—the rule that people can’t drink until age 21 is actually just a law that exists in every state. Why do we all agree on this? Well, the Federal Government withholds money for highway maintenance from states that don’t set their drinking age to 21. So, why can’t the Federal Government just make its own law?
Amendment 10
(Powers not given to the national government in the Constitution are reserved to the states).
When Terri Bull-Luck was charged with arson, her lawyer actually slept through her trial. The whole thing. He even snored. And drooled. After being sentenced to thirty years, Terri appeals her conviction, and argues that she should have a new trial. What amendment would help her win?
Amendment 6
(You not only have the right to a lawyer, but you also have the right to EFFECTIVE council, which means a lawyer that does their job properly.)
The President of Iran, visiting Washington, can’t believe how insulting political cartoonists are to the president! He asks the president why he allows such insubordination and the president shrugs, and points to which Amendment?
Amendment 1 (freedom of the press)
Reginald Rose gets called to jury duty. He hates jury duty. He tries to get out of it, but gets assigned to a complicated civil suit about the patent of a medical device—one company says another company copied their invention and is suing for millions and millions of dollars. Reginald is so confused by the scientific evidence and so bored he can barely stay awake. He wonders to himself, why the heck do I have to be here, anyway? Couldn’t a judge just decide this by himself? Or an expert or something? Why does Reginald have to be there?
Amendment 7
(right to a trial by jury in civil cases worth lots of money)