The Constitution: Sixth Amendment Through 10th Amendment

The First through Fifth Amendments have already been described in an earlier piece.

The Sixth through Ninth Amendments establish a number of rights: The Right to be Informed of the Nature and Cause of the Accusation; the Right to Effective Assistance of Counsel; the Right to a Speedy, Impartial Trial by Jury; the Right to Confront Witnesses; the Right to Subpoena Witnesses; the Right to Trial by Jury for Suits at Common Law; the Right Against Excessive Bail; the Right Against Excessive Fines; the Right Against Cruel and Unusual Punishments; the Ninth Amendment Right that opens the door to all other rights "retained by the people". This Ninth Amendment Right is rarely litigated at the Supreme Court and is not a strong, independent basis for legal argument in court. If used, it's best used in conjunction with other rights.

The Ninth Amendment is, however, a vital source of rights. During prohibition, drinking alcohol became a right "retained by the people". Many drinkers were prosecuted for violating prohibition, but the nature of any dispute over rights requires that people assert the right in controversy. Otherwise, the government will never recognize the right because of lack of political pressure. The Ninth Amendment, therefore, is often a source of tremendous controversy.

The last right in the Bill of Rights is stated in terms of State power and People's power: Powers not delegated and not prohibited by the Constitution are reserved to the States and the People.

The Bill of Rights is a set of limitations on government, and it is designed to protect people from government abuse. That much is clear from the language of the amendments. The phrase "the people" is recited five times in the Bill of Rights. From the debates and from the express language it is clear that the document was written to limit government power.

Of course, there are other important rights in the Constitution. Some courts infer the Right to Privacy. Sovereign Immunity (called "Judicial Limits" by some), the Abolition of Slavery, Equal Protection, and Women's Rights are all established by other amendments.

A quick review of the Supreme Court's decisions from the 1980's will show that the Court lacked respect for parts of the Bill of Rights, particularly the Right against Unreasonable Searches and the rights of the accused. During the 1990's, the majority led by Rhenquist earned the moniker "Gang of Five" because of this failure; at the same time, they were staunch protectors of property rights and gun rights.

The private bar and the Court are often at odds. After any particular decision, the bar seems ready to ask, "What part of the text of the Constitution do you not understand?" The Court seems always ready to ask, "What part of our last decision do you not understand?" These types of disputes are inevitable in a Constitutional Democracy.

Source: U.S. Constitution