Citizen Liberties and Responsibilities
Bill of Rights
1. The right to freedom of religion, speech, and media/journalism.
2. The right to own a legal, personal firearm
3. The right to home privacy and consensual occupancy, protects home from being used to house
4. Property protection from unjust search and seizure
5. Due process of law, reimbursement for property taken by government for public use, right to abstain
from answering an incriminating question or being charged for the same crime more than once
6. Right to a speedy trial with a neutral jury of one’s peers and legal counsel
7. In civil cases the right to a trial by jury is reserved, nothing can be examined a second time by a
8. Protection from overly excessive fines or bail, cruel or abnormal punishment
9. Any individual rights not listed in the constitution are still protected by this amendment
10. Powers not given to the federal government that are not prohibited by the State(s) are granted to the
Due Process of Law
Due process is the assurance that any and all legal proceedings are fair and
just.The fifth amendment protects citizens who are suspected of a criminal
offense. It promises a hearing before a court of law, protects members of the
military committing acts during war or a time of threat, and that Miranda Rights
must be read in order to not infringe on an individual’s liberty. Due process occurs
in court.The fourteenth amendment protects a citizen from being controlled
unjustly by the government should their actions be legal and lawful.Due process
here is a given right that the government cannot infringe upon a lawful citizen’s
actions or speech. Both direct that, in order to protect Life, Liberty, and the Pursuit
of Happiness, due process must be present.
Selective Incorporation in the Bill of Rights
Selective Incorporation protects citizens from their state passing legislation that
infringes upon their rights. It is not a law, but rather a safeguard and guideline.
This would not exist without the ratification of the fourteenth amendment, which
was originally limited to newly freed slaves, has now been expanded to a universal
right to legal counsel, freedom of speech, and education.
Important Court Cases
Gideon v. Wainright - Charged with breaking and entering, Clarence Gideon requested a lawyer for his
court date and was denied because, while he could ...