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Bill of Rights and Related Questions by Meghan Jones





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Bill of Rights and Related Questions by
Article Posted: 04/03/2013
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Articles Written: 575
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Bill of Rights and Related Questions


 
Law
What is the bill of rights?
The Bill of Rights is the collective name given to the first 10 amendments of the US constitution. The main things that this bill is concerned with are personal freedom, restricting the power of the government in judicial proceedings and reserving the states and public’s authority. It protects a person’s right towards liberty and property. Initially, these amendments were only applicable to the federal government. However, now the provisions of this bill apply to the state as well. Answered below are some of the popularly asked questions about the bill of rights:

Is there anything in the bill of rights that a person can use against the US government’s opposition to same sex marriages?
A person may use the first and the ninth amendment of the bill of rights to present an argument in support of same sex marriages. The first amendment is concerned with freedom of religion and the ninth one is concerned with other rights that are not specifically mentioned in the bill of rights. Cases like same sex marriages may be referred to as the penumbra or the spirit of the constitution. The reason for this is that there is no way to determine what is right or wrong in such cases.

Is there any amendment in the bill of rights that deals with how a person may spend money that he/she earns as long as it is legal?
The constitution and the bill of rights are like the foundation on which all other laws in the United States are based. The first 10 amendments of the constitution are listed in the bill of rights. However, there is no amendment in this bill of rights that may instruct a person on how he/she can spend money that he/she earns. The person may be permitted to do whatever he/she wants with the money as long as it is legal and does not violate somebody else’s rights. No law can prohibit a person from spending money that he/she has earned unless there is a court order that is passed on the basis of other factors.

According to the tenth amendment of the bill of rights, will the power to form and regulate a corporation be considered a federal or state right?
The bill of rights gives the states the authority to regulate corporations, partnerships and any other forms of business organizations. This means that setting up and running a business or corporation may be considered a state right. The federal government may only get involved if there is standardization of businesses and organizations and if the business is performed in different states.

A fire fighter from Florida was not given any notice before the interrogation in his/her bill of rights hearing. Will such a scenario be considered a violation of the fire fighter’s rights and if so, what will the penalty for such a violation be?
According to the Florida statute 112.52, rights of firefighters, a fire fighter may be taken for interrogation only if the following conditions are fulfilled:
• The firefighter should be given a written notice of the interrogation. This notice should have the details of the incident involved and the names of the people who have lodged the complaint. This is done so that the firefighter is informed and prepared for the investigation.
• The interrogation may be carried out only at the facility assigned to the investigating officer. Besides this, it may only be carried out at a place that is decided by the investigating officer. This facility should have jurisdiction over the place where the incident took place.

If these conditions are not fulfilled, it may be considered to be a violation of the fire fighter’s rights. The firefighter may be able to sue the authorities for damages and injunctive remedies.
Are there any provisions in the bill of rights that may protect the rights of citizens without any documents?
The rights according to the constitution or bill of rights are meant for the people of the United States. They may not be categorized or distinguished depending on whether they are citizens of the United States or not. However, there also is no document which may state that people without any kind of documentation may be entitled to these rights. These rights may be applicable to everyone in spite of their citizenship. Only Article IV, Section 2 states that citizens of each state may be eligible for any rights that are enjoyed by people in other states. Besides this, there is no mention of citizenship in the bill of rights because most of the people in the United States initially were aliens without any documentation.

The bill of rights puts forth a person’s fundamental rights when he/she lives in the US. There are a set of powerful rights that can be enforced on anyone. You may ask a lawyer if you have any questions about the bill of rights.

Related Articles - bill of rights, what is the bill of rights, what are the bill of rights, bill of rights definition, define bill of rights,

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