The Rights and Responsibilities that the Constitution Gives American Citizens - Assignment Example

The United s Constitution and the Supreme Court I. The rights and responsibilities that the Constitution gives American citizens American citizenship provides many opportunities and privileges under the atmosphere of democracy as guaranteed by the US constitution. These privileges include certain rights unalienable to each and every American. Rights of every American under the constitution a. Right to security Right to security meant a guaranteed protection of each citizen from unfair and unreasonable acts of the government. It meant that a citizen, as a matter of right, cannot be arrested, detained nor its property be seized without justifiable cause and procedures. Each American has the right to the “due process of law that protects all these rights. The principle of due process clause is found in the Fifth and Fourteenth Amendments and states that no person shall be deprived of “life, liberty, or property, without due process of law” (Rights and Responsibilities of American Citizens). The principle of due process ensures that the laws must be fair and reasonable, must be in accordance with the Constitution, and must apply to everyone equally. b. Right to equality The right to equality is one of the crowning glories of American society where everybody has the same rights and privileges from where the lowest menial worker in the country has the same right and privilege of that of the highest officer or richest man in the land. The right to equality is guaranteed in the Fourteenth Amendment. It meant that every citizen is entitled to the same equal protection of laws in the United States regardless of race, creed or political orientation. This right protects every American from discrimination and arbitrary treatment that ranges from work opportunities to availing of social services. c. Right to liberty This guaranteed right of each American made United States the proverbial “land of the free”. It is contained in the Bill of Rights and Civil War Amendments of the constitution. These rights include the freedom of speech, freedom of the press, freedom of assembly, freedom of religion, Freedom to keep and bear arms and protection for those who are accused of crimes. Other rights of American citizen under the constitution Vote in federal elections Serve on a jury Bring family members to the United States Obtain citizenship for children born abroad Travel with a U.S. passport Run for federal office Become eligible for federal grants and scholarship These rights however come with a duty to ensure that such rights are enjoyed by every citizen and to ensure the perpetuity of the political condition that make the enjoyment of such rights possible. Duties are mandatory and are subjected to penalty under the law while responsibilities are done voluntarily and are a positive response from a citizen to contribute to the government and community that his or her enjoyment of rights may continue. Duties every American citizens Obey the law Pay taxes Defend the country Serve in court Attend school Responsibilities of every American citizen Know your right as a citizen that they may be preserved Respect the rights of others Serve the community II. Questions: a. To what extent does the Constitution protect the right of privacy?  The “right to privacy” is not literally stated in the Constitution of the United States. In fact, the word “privacy” cannot even be found. And so are other important rights like the right to marriage and family. It is because the constitution only spells out what the government can do what the people can do. The constitution limits or delineates the powers that the government is authorized to exercise. Examples of these are the prohibition of the authorities to keep a person in jail indefinitely without the benefit of a fair trial, nor can it search or seize properties without due process of law nor the government can enact laws that will abridge the rights of the freedom of speech, assembly, religion etch. This explains the absence of the literal word “right to privacy” in the constitution. The absence of the literal word “right to privacy” however does not mean the absence of such right. It is implied in the Fourth Amendment which is part of the Bill of Rights of the United States Constitution that states “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”( US Const., amend. V). It meant that government cannot intrude, search and seize any citizen or its properties without probable cause and judicial authority. Also, the It is implied in Amendment IX and X that states “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” and “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” (US Constitution). It meant that a government cannot tell its people what to do and to leave them alone unless expressly authorized by the constitution. b. Why did each case need to be heard and interpreted by the Supreme Court?  The Supreme Court of the United States is the court of the last resort. Here, cases are judged with finality whose decisions become law. The Supreme Court also interprets if the law/s passed by Congress is/are constitutional and can strike it down if it is constitutional. While the Supreme Court provides the final verdict or decision on cases which have undergone multiple appeals, it does not necessarily follow that all cases need to be heard and interpreted by the Supreme Court. The Supreme Court follows the “Rule of Four”, which the word imply, a case will only be heard by the Supreme Court if four justices decide that a case is worthy or needs to be heard. This mechanism serves as a check and balance in the highest court to ensure neither the majority nor minority judges cannot control which case should be heard. c. How does the Supreme Court’s decision in each case continue to affect the rights of American citizens today? Supreme Court’s decisions have far-reaching implication that affects the rights of American citizens. Its role as being the final arbiter of laws ensures that no law will be passed by Congress that will abridge the rights of Americans (i.e. right to expression, assembly, religion, suffrage, etch). It can does so by striking down any laws that will be passed by Congress as unconstitutional thus, invalidating such laws that abridges the basic right of Americans. In addition, the decisions it make defines how such right should be exercised because its decisions becomes precedent or law itself. In the final analysis, the Supreme Court of the United States is the body that does not only guarantee that each American will continue to enjoy its rights but also safeguards it from any attempts to impair or abridge such rights. Works Cited Fourth Amendment. “United States Constitution”. Ninth Amendment. “United States Constitution”. Tenth Amendment. “United States Constitution”. “Rights and Responsibilities of American Citizens”. Online. November 15, 2011 Read More