rights

Austin Gordon – Fourth Amendment

Video

Written Component

The Fourth Amendment is one of the most impactful constitutional amendments, with key implications throughout all 250 years of America’s history. The amendment provides people the right to not have their “persons, houses, papers, and effects”, or in today’s terms, themselves, their home, their papers, or any other property, searched or seized/detained by the government. In order for the government to do so, they must have a search warrant or probable cause to believe that a crime has been committed.

The amendment additionally states that any search warrant must be specific in describing what can be searched or seized by the government.This amendment is primarily in response to “writs of assistance”, which were general search warrants that allowed officials to search any location they deemed suspicious, issued by the British before the revolution. This allowed British officials to search essentially anything they wanted, allowing them to become massively intrusive and invade the privacy of colonists.

The fourth amendment was made to ensure that these abusive and unjust practices were not replicated by the new American government, and made sure that a point of revolutionary outrage was addressed in the Constitution. The requirement for search warrants to be highly specific made by the amendment is in direct response to the writs, as the Founding Fathers wanted to ensure that officials could not abuse search warrants to unnecessarily invade privacy.  In the nearly 250 years since the amendment was written, security, law enforcement, and technology have changed in ways unimaginable to the Founding Fathers, leaving it up to the courts to interpret the amendment and apply it to new situations. The most important fourth amendment case was Weeks vs United States in 1914, in which Weeks argued that the items that were seized from him illegally could not legally be used against him in court.

The court sided unanimously with Weeks, ruling that any illegally acquired evidence could not be used in court. This case created a consequence for violating the fourth amendment, and without it, the rights it provides could not be effectively upheld. More recent cases like Kyllo vs United States in 2001, in which Kyllo argued that the police’s use of thermal scans on his home without a warrant was a violation of the fourth amendment, and won. Cases like this one have allowed the fourth amendment to evolve and protect the people against new technology or policing practices.

Justices dissenting in cases like these will often argue the originalist interpretation of the amendment, arguing that we should only consider the amendment within the scope of the era in which it was created. I, as well as the majority of legal scholars, disagree with this theory, and believe that evolving fourth amendment protections is necessary to protect rights. One potential way to further protect people’s fourth amendment rights would be to encourage congress to create laws around new security practices or technologies to enforce compliance with the fourth amendment, as the courts can only step in once a violation has already occurred. But as long as our legal system stands, the fourth amendment will continue to protect the American people for years to come.

Jared Davis – The Ninth and Tenth Amendments

Video

Written Component

The Ninth Amendment, written and framed by James Madison, is one of the most debated and ambiguous amendments to the Constitution. It states that certain rights in the Constitution do not mean that other rights do not exist. The main point of conflict revolves around identifying these additional rights. One shared interpretation is that these rights refer to the natural rights inherent from birth, as the Constitution only specifies some rights in great detail. This interpretation aligns with the context in which the amendment was crafted. During the debates between antifederalists and federalists on including a bill of rights, James Madison argued that listing specific rights would leave the government to argue that only the enumerated rights are protected. Therefore, the Ninth Amendment seeks to balance and protect both enumerated and retained rights, subject to interpretation. While the amendment has not been frequently used in cases, it has found use in both Roe v. Wade and Griswold v. Connecticut (1965). In these cases, the court used the ninth to recognize privacy rights not explicitly mentioned in the Constitution but considered pre-existing rights deserving protection. These examples help reinforce the amendment’s significance in countering the criticism of vague language, although the lack of explicit mention of these rights leaves room for further interpretation. The Ninth Amendment remains the most complex amendment within the Constitution, prompting us to question what new rights today may exist that should have been included in the original document.

 

The Tenth Amendment of the United States Constitution is historically and interpretively significant. It addresses concerns over individual rights, state sovereignty, and the balance of power between the federal and state governments. Its inclusion aimed to prevent an excessive concentration of power in the federal government and respond to the demands of the states and their citizens. Commonly understood, the Tenth Amendment guarantees states’ rights and authority, ensuring a balanced power distribution between the federal government and the states. However, interpretations have diverged over time. Some argue it grants states broad powers to resist federal encroachment, while others believe it has limitations and does not grant absolute state sovereignty. The Supreme Court case of New York v. United States (1992) illustrates the debate over the Tenth Amendment. The ruling favored New York, reaffirming state sovereignty and reviving the amendment’s significance. It emphasized the amendment’s role in maintaining a balanced power distribution and protecting states from excessive federal intrusion. The Tenth Amendment connects to federalism, balancing individual rights, government authority, and shared power. Its preservation of state sovereignty and protection of rights make it significant. The interpretation that grants states broad powers is more persuasive. It aligns with federalism and the amendment’s intent, preserving state autonomy and authority. Given its historical context and ongoing relevance, I would not advocate amending the Tenth Amendment. It safeguards state sovereignty and individual rights, and altering it could disrupt the balance of power between the federal government and the states, undermining the principles of federalism.

The 3rd and 4th Amendments of the Bill of Rights

Video

Written Component

The motivation for the Third Amendment being included in the Bill of Rights came from the Quartering Act. The Quartering Act was a law that allowed British soldiers to be sheltered in the private homes of colonists.(1) The amendment makes it unconstitutional for the government to house soldiers in the private residences of citizens of the United States without the owners’ express permission in times of peace, but during war the process of quartering soldiers must be prescribed for by law. Some scholars interpret the Third Amendment as applying to increasingly militarized police forces in addition to the military. However, this understanding of the amendment was defeated in the 2015 case Mitchell v. City of Henderson where the plaintiffs were forced out of their home by police in preparation for a nearby operation. Mitchell sued the city on the grounds that his Third Amendment rights had been violated, but a Federal Court decided that the police are not soldiers so the amendment did not apply.(2) The Third Amendment, like checks and balances on power in other parts of the constitution, is a roadblock to government overreach. The policing interpretation of the Third amendment is persuasive to me because it controls the interactions between citizens and the police. In my opinion the amendment should be altered to protect against quartering from both military and law enforcement personnel. 

General warrants in Britain and writs of association in the colonies were some of the major pressures that led to the inclusion of the Fourth Amendment in the Bill of Rights. General warrants and writs of association allowed law enforcement to search a person’s property without any suspicion of a crime. The Fourth Amendment protects people from unreasonable searches and seizures. It requires that a warrant only be issued with a reasonable level of suspicion for a crime, and with specific objectives. What constitutes probable cause or a search in the Fourth Amendment has been debated by many legal scholars. A Supreme Court decision in 1985 over the case Dow Chemical Company vs. The United States partially answered the question of what constitutes a search. Dow Chemicals sued the US on the basis that its Fourth amendment rights had been violated after the EPA observed their factory grounds without a warrant. The Court decided in the favor of the United States, because the factory’s grounds were an open area and the Fourth amendment only deals with “the invasion of areas where intimate activities occur.” The Fourth amendment is another amendment like the Third that deals with the specter of an authoritarian government overpowering the people. I agree with the interpretation that mass government surveillance is unconstitutional because it searches the personal data of people unsuspected of a crime. I also agree with the interpretation that security checks are constitutional, because people are making a decision to agree to the security check when they enter the area. I would not advocate any changes to the Fourth amendment because it protects the people from unreasonable law enforcement activity.

 

1 – American Battlefield Trust, “The Quartering Act,” American Battlefield Trust, accessed June 1, 2023, https://www.battlefields.org/learn/articles/quartering-act#:~:text=The%20last%20act%20passed%20was,quarter%20or%20house%20British%20soldiers.

2 – Leonard Niehoff, “What Is the Third Amendment, and Will the Supreme Court Ever Examine It Again?,” interview by Andrew Cohen, Brennan Center for Justice, last modified August 3, 2022, https://www.brennancenter.org/our-work/analysis-opinion/what-third-amendment-and-will-supreme-court-ever-examine-it-again#:~:text=Into%20this%20category%20goes%20the,up%20to%20the%20Revolutionary%20War.

 

Dassori – 9th Amendment

Video

Written Component

While the Constitution was being ratified, several Antifederalist state representatives only approved the document with the expectation that a bill of rights would be added afterwards to protect the people from an overly powerful government. However, because Federalist James Madison worried that a bill of rights would send the message that any other rights not listed were not protected by the government, he proposed the addition of a statement to protect unenumerated rights. His proposal resulted in the addition of the Ninth Amendment, which states that just because some rights are named in the Constitution does not mean those not mentioned are not protected by the government. 

The Ninth Amendment, which is notoriously vague, has been interpreted differently by many different Supreme Court judges and Constitutional scholars. Three prevalent interpretations of these unnamed rights are rights that are defined on a state-by-state basis, the natural rights of life, liberty, and property each individual has, or any imaginable right that the Constitution does not explicitly deny. Another interpretation ignores the Ninth Amendment because it does not concretely prove the existence of other rights or explain them in enough detail to be valid in a court case. 

Estelle Griswold used this amendment in Griswold v. Connecticut when she argued that married couples have a right to privacy and therefore a right to use contraception. Although privacy is never explicitly mentioned in the Constitution, Griswold used the Ninth Amendment and several other amendments to win her case, arguing that privacy is an assumed right of the American people and cannot be restricted by the law. Griswold v. Connecticut provides an example of how several judges interpreted this amendment differently, however, as only Justice Goldberg believed the right to privacy was represented in the Ninth Amendment while other judges found it in the Fourteenth Amendment or did not find privacy in the Constitution at all. 

I am most strongly persuaded that the “unenumerated rights” protected by the Ninth Amendment refer to natural or unalienable rights. These rights are featured in the writings of many of the Constitution’s framers and their Enlightenment contemporaries and are seen clearly in the Declaration of Independence. Because it was not specifically stated that the rights would be defined by the states or that they were completely limitless, I think the framers were referring to their own ideas of basic human rights, a concept that heavily influenced the rest of the Constitution and especially the Bill of Rights. I would change this amendment to specify what kind of rights it was meant to protect because I think its vagueness restricts its power. By not clearly defining what it protects, the amendment allows many potential rights, such as the right to privacy, to be ignored by someone whose interpretation of the amendment did not include that right. If the Ninth Amendment had specifically stated that it, for example, protected natural rights, modern judges would be more likely to interpret it accurately instead of ignoring or abusing it. 

Molly – The Second Amendment

Video

Written Component

The Bill of Rights was created following the American Revolution and the creation of the Constitution. The Second Amendment was crucial because the Founding Fathers wanted to legally give Americans the right to protect themselves and their security through the use of firearms and weapons. The amendment is responding to the desire for protection amongst the American people against unlawful violence. Most people understand the Second Amendment as being the individual right to bear arms. There is some divergence between who this right belongs to as some believe it is the right of the people while others believe it is the right of militia organizations. 

 

As for matters of debate about the Second Amendment, some believe that there is room for flexibility due to the evolution of weaponry. These legal scholars believe that, as the world evolves, gun control is increasingly necessary to provide order in society. Scholars that believe there should be regulations make the point that gun control isn’t exactly a new concept because, during the Founding Era, there were laws that regulated weaponry.  These laws banned untrustworthy people from possessing guns and required people to have guns that were appropriate for military service. Ultimately, the Second Amendment is about ensuring public safety. Others, however, believe that this amendment should be followed rigidly. They maintain the belief that the right to bear arms shouldn’t be restricted. The Second Amendment is like the First Amendment in that it is an inalienable right that everyone has. Gun control laws, while they aim to save lives and prevent crime, ultimately infringe on the individual freedom that all American citizens have. District of Columbia v. Heller demonstrates is just one example of the issues that come about with this debate. This case is illustrative because it shows how gun control may be violating the Second Amendment. Heller, a D.C. special police officer, was allowed to have a firearm when on duty but he wasn’t allowed to get a license for a handgun to keep at home. He argues that needing a license for a personal firearm infringes on his Second Amendment rights as an American citizen. 

 

This provision connects to the theme of individual rights that come up very often during the course of history. I think the most persuasive matter of debate is the argument that advocates for gun control because of the danger that is posed to so many people without gun control. With the increase of gun violence in America, better gun control laws are incredibly necessary and strictly abiding by the Constitution as time and technology evolve just isn’t viable.  This amendment is already such a major topic of discourse in America, especially today with the rise of gun violence. I would say to advocate for your beliefs on this amendment, go to protests and, most importantly, educate yourself on the topic. I would suggest this adaptation because it is incredibly important to form your own opinion based on unbiased information and to support it.