chapter 5 page 5

THE AMERICAN ENGLISH EXPRESS Chapter 5 page 5

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and 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.

‘secure’ means safe

‘persons’ means one’s body, one’s physical self

‘seizures’ means someone coming into your home and taking things

a ‘warrant’ is a call for or a demand and refers to a document demanding something from someone, such as a ‘warrant for one’s arrest’ which means the government wants someone.

‘probable’ means likely

This is the amendment that guarantees that the government cannot hurt us or harm our possessions or enter our homes without provable reasons (probable cause).

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

a ‘capital’ crime is a crime which carries the penalty of death

‘infamous’ means ‘well known for something bad or harmful’ or ‘notorious’

a ‘presentment’ is a presentation

an ‘indictment’ is a condemnation or denunciation

a grand jury is a group of people, usually 20 to 30, who act to decide whether a crime has been committed

‘naval’ means having to do with the Navy or the sea

‘jeopardy’ means danger or risk

‘due process’ means according to the procedures of the law

This amendment assures the following freedoms:

that citizens cannot be arrested unless there is a warrant for the arrest
that citizens cannot be tried more than once for the same crime (no double jeopardy

that citizens cannot be forced to testify against him or herself (known as ‘pleading the fifth)
that the legal enforcers (police) must follow the rules and procedures of the law (due process)
that citizens have the right to private property

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

‘prosecutions’ means a trial or a hearing in a court

‘impartial’ means not prejudiced, neutral, fair, unbiased

‘ascertained’ means determined

‘confront’ means to meet or face (as in a court of law)

‘compulsory’ means required, necessary or mandatory

‘counsel’ means an attorney or lawyer (not the word ‘council’, which means committee)

This amendment guarantees the following rights:

1. the right to a speedy trial

2. the right to a public trial

3. the right to an impartial jury

4. the right to know the charges against one

5. the right to confront/question the witnesses against one

6. the right to be able to call witnesses in one’s defense

7. the right to an attorney

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

‘common’ law means not criminal law (also known a as ‘civil’ law)

‘controversy’ means dispute or disagreement

‘exceed’ means to ‘go beyond’ or to 'surpass'

‘preserved’ means ‘protected’ or ‘maintained’

‘reexamined’ means to ‘consider again’ or ‘look at again’

This amendment guarantees the right of a jury trial.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

‘bail’ or ‘bond’ is money or property that is set aside to insure that a person accused of a crime will appear at his or her trial

‘excessive’ means ‘too much’, ‘more than can be managed’, ‘extreme’ or ‘disproportionate’

This amendment

1. protects citizens from being imprisoned without the chance to post a bond and allow them out of jail pending (awaiting) their trial.

2. protects citizens from extreme fines

3. protects citizens from ‘cruel and unusual punishment’.

In most states, where capital punishment (the death penalty) is outlawed, the basis in law is the VIII amendment protection against ‘cruel and unusual punishment’. At the time it was written, the reference was to protect citizens from torture and other painful interrogation (questioning) practices.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

‘enumeration’ means details, lists, statements

to ‘construe’ means to interpret

to ‘disparage’ means to criticize or belittle or ‘minimize the importance of’

to ‘retain’ means to be kept by or to keep

This amendment states that, even though certain rights of the people are written out clearly in the constitution, there are other rights that are not spelled out and that, although they are not written, this doesn’t mean that people don’t have these additional rights.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

‘power’ or ‘powers’ means that the government has the right to act or, that it is legal for the government to do these things; it means the government can pass laws that regulate these concerns.

to ‘delegate’ means to assign or designate to

‘prohibited’ means ‘forbidden’, ‘banned’, ‘illegal’ or ‘outlawed’

‘reserved’ means ‘set aside’ or ‘kept back’ or ‘kept’

‘respectively’ means ‘in that order’ or ‘correspondingly’

This amendment means that any powers not specifically stated in the constitution as of the federal government, or powers that are not specifically prohibited, are reserved for the individual states or for the people themselves.