Civics and Economics
Shelby High School
Judith Mura
October 2013
The Constitution and the Articles
The Constitution of the United States of America is the supreme law of the United States. Empowered with the sovereign authority of the people by the framers and the consent of the legislatures of the states, it is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of United States citizens.
The main body of the Constitution is made up of seven articles. The Articles explain how the government works. They also carefully describe the rules for electing government officials, like Senators and the President.
The Amendments and the Amendment Process
An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change. Amendments can add, remove, or update parts of these agreements. They are often used when it is better to change the document than to write a new one.
There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used.The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment.
The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about.
Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment may specify whether the bill must be passed by the state legislatures or by a state convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, specified a convention. In any case, passage by the legislature or convention is by simple majority.
The Constitution, then, spells out four paths for an amendment:
The Sixth Amendment
"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."
The Sixth Amendment to the U.S. Constitution affords criminal defendants seven discrete personal liberties: (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 be informed of pending charges; (5) the right to confront and to cross-examine adverse witnesses; (6) the right to compel favorable witnesses to testify at trial through the subpoena power of the judiciary; and (7) the right to legal counsel. The Sixth Amendment originally applied only to criminal actions brought by the federal government.
The Sixth Amendment, or Amendment VI of the United States Constitution is the section of the Bill of Rights that guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime, meaning he or she can see who is making accusations. The Sixth Amendment was introduced as a part of the Bill of Rights by James Madison into the United States Constitution on September 5, 1789 and was voted for by 9 out of 12 states on December 15, 1791.
The Sixth Amendment was created because the Founding Fathers wanted to protect basic rights of the accused. They objected to many of the ways they were treated by the British in matters of crime and justice. Hence, the Sixth Amendment provides for many protections from unfair methods of prosecution and investigation. Some of these rights were originally given to English citizens and the Founding Fathers were influenced by their knowledge of those rights to the degree that they wanted those rights protected for Americans as well.
Sixth Amendment Court Cases - Speedy Trial Clause cases -Barker vs. Wingo
The Barker vs. Wingo, 1972, case lays out the Court's method for determining if someone's right to a speedy trial has been violated. The Court decided that Speedy Trial Clause violation claims must be decided on a case by case basis, but they did identify four factors that might affect the decision for lower courts to follow. These four factors are:
Importance of the Sixth Amendment
It is important because it will prevent a defendant from sitting in prison forever and insist that the prosecution proceed with undue delay. If you are accused of a crime, you have the right to know who is accusing you and exactly what the charges are. It protects you from being imprisoned for an unreasonable length of time before your trial.
Shelby High School
Judith Mura
October 2013
The Constitution and the Articles
The Constitution of the United States of America is the supreme law of the United States. Empowered with the sovereign authority of the people by the framers and the consent of the legislatures of the states, it is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of United States citizens.
The main body of the Constitution is made up of seven articles. The Articles explain how the government works. They also carefully describe the rules for electing government officials, like Senators and the President.
The Amendments and the Amendment Process
An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change. Amendments can add, remove, or update parts of these agreements. They are often used when it is better to change the document than to write a new one.
There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used.The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment.
The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about.
Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment may specify whether the bill must be passed by the state legislatures or by a state convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, specified a convention. In any case, passage by the legislature or convention is by simple majority.
The Constitution, then, spells out four paths for an amendment:
- Proposal by convention of states, ratification by state conventions (never used)
- Proposal by convention of states, ratification by state legislatures (never used)
- Proposal by Congress, ratification by state conventions (used once)
- Proposal by Congress, ratification by state legislatures (used all other times)
The Sixth Amendment
"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."
The Sixth Amendment to the U.S. Constitution affords criminal defendants seven discrete personal liberties: (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 be informed of pending charges; (5) the right to confront and to cross-examine adverse witnesses; (6) the right to compel favorable witnesses to testify at trial through the subpoena power of the judiciary; and (7) the right to legal counsel. The Sixth Amendment originally applied only to criminal actions brought by the federal government.
The Sixth Amendment, or Amendment VI of the United States Constitution is the section of the Bill of Rights that guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime, meaning he or she can see who is making accusations. The Sixth Amendment was introduced as a part of the Bill of Rights by James Madison into the United States Constitution on September 5, 1789 and was voted for by 9 out of 12 states on December 15, 1791.
The Sixth Amendment was created because the Founding Fathers wanted to protect basic rights of the accused. They objected to many of the ways they were treated by the British in matters of crime and justice. Hence, the Sixth Amendment provides for many protections from unfair methods of prosecution and investigation. Some of these rights were originally given to English citizens and the Founding Fathers were influenced by their knowledge of those rights to the degree that they wanted those rights protected for Americans as well.
Sixth Amendment Court Cases - Speedy Trial Clause cases -Barker vs. Wingo
The Barker vs. Wingo, 1972, case lays out the Court's method for determining if someone's right to a speedy trial has been violated. The Court decided that Speedy Trial Clause violation claims must be decided on a case by case basis, but they did identify four factors that might affect the decision for lower courts to follow. These four factors are:
- The length of delay. The Court has never set a specific time limit for when a speedy trial must occur. Lower courts normally look into right to speedy trial violation claims if at has been 6-8 months.
- The reason for the delay. If the reason for delay is a deliberate attempt to hamper the defense, this weighs heavily against the government. If the reason is for something such as negligence or overcrowded courts, this weighs against the government, but not as much. Or, there may be valid reasons for a delay, such as a missing witness.
- Whether and when the defendant asserted his right to a speedy trial. If the case drags on and on and the defendant doesn't make this claim for a long time, he might lose the right because he has been agreeing to waive the right for so long.
- The degree of harm to the defendant that the delay has caused. For example, if a witness who would have testified in favor of the defendant has died during the long wait, this weighs heavily in the defendant's favor.
Importance of the Sixth Amendment
It is important because it will prevent a defendant from sitting in prison forever and insist that the prosecution proceed with undue delay. If you are accused of a crime, you have the right to know who is accusing you and exactly what the charges are. It protects you from being imprisoned for an unreasonable length of time before your trial.