Rights as a People VS. Rights as a Citizen
Are you one of the People of the United States, as contemplated by the U.S. Constitution Preamble?
Or, are you one of the citizens of the United States, as defined in the U.S. Constitution 14th Amendment?
Your answer affects the rights you have.
If you are one of the People of the United States, then all ten amendments are available to you. You have natural rights.
If you are a citizen of the United States, then you have civil rights [properly called civil privileges].
see Senate Document 112-9, pp. 1064, 1065, Footnote 37, for details summarized here.
Amendments available to U.S. citizens:Under the First Amendment:
Religion (free exercise, establishment) Speech Press Assembly Petition Under the Second Amendment: Right to keep and bear arms Under the Fourth Amendment: Search and seizure Under the Fifth Amendment: Double jeopardy Self-incrimination Just compensation Under the Sixth Amendment: (protection has been diluted) Speedy trial Public trial Jury trial Impartial Jury Notice of charges Confrontation Compulsory Process Counsel Under the Eighth Amendment: Cruel and unusual punishment |
Amendments NOT available to U.S. Citizens:Under the Third Amendment:
Quartering troops in homes (no cases) Under the Fifth Amendment: Grand Jury indictment Under the Seventh Amendment: Jury trial in civil cases Under the Eighth Amendment:: Bail (mostly) Excessive fines under equal protection |
Constitution of the United States of America: Analysis and Interpretation document the legal effect of your answer. An edition of the document and subsequent revisions is given free to all elected and past senators, congressmen, and vice presidents, delegates, and resident commissioners upon timely request to the Government Printing Office.
The doctrine of selective incorporation is the dominant doctrine for incorporating portions of the Bill of Rights for application to citizens of the United States.
You may download a copy from the U.S. Goverment here.
For related information, see Republic vs. Democracy
The doctrine of selective incorporation is the dominant doctrine for incorporating portions of the Bill of Rights for application to citizens of the United States.
You may download a copy from the U.S. Goverment here.
For related information, see Republic vs. Democracy