The Personal Website of Mark W. Dawson

The Meaning to the
Third through Eighth Amendments
to the US Constitution

The United States Constitution was created to preserve our Freedoms and Liberties as explained in my Chirp “Freedom from - Liberty to”. The first ten amendments, “The Bill of Rights”, were adopted to prohibit the government from encroaching on our “Human Rights”; Human Rights that exist in or produced by nature, nor subject to governmental nor societal violations. The violation of these Human Rights is the main reason that the colonies rebelled against Britain as I have explained in my article “The Meaning of the American Revolution” and elaborated in my article "Natural, Human, and Civil Rights".

However, all Constitutional amendments may be subject to interpretation. But this interpretation may not encroach on our Human Rights but must reside within our Human Rights. The 3rd through 8th Amendments to the Constitution were adopted to explicitly state which of our many Human Rights are not be violated and how they should be protected. The framers of these amendments did not intend to limit our natural rights to those mentioned in these amendments. The 9th and 10th Amendments to the United States Constitution were adopted to deal with the Human Rights not elaborated in the 1^st through 8^th Amendments.

The 3^rd through 8^th Amendments to the United States Constitution states:

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

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.

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.

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 defence.

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 re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

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

As these amendments are self-explanatory, I need not delve into them. However, their nuances in the proper means of implementing and enforcing them have been subject to much judicial review and rulings. However, it should always be remembered that these amendments were for the protection of the individual’s freedoms and liberties. As such, any judicial review and rulings on these amendments must err in favor of the individual. To not do so is to limit the freedoms and liberties of all Americans.

These amendments were formulated to protect some, but not all, of our "Natural, Human, and Civil Rights" that were not elaborated upon in the body of the U.S. Constitution. The people of the United States were concerned that the government would overstep its bounds and trample on our rights. They therefore explicitly stated what the constrictions of government were regarding these explicit rights. The 1^st through 8^th  amendments also set the foundation for “Justice and The Rule of Law” in the United States.