The First, Fourth, Eighth, and Fourteenth Amendments

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Table of Contents

First Amendment
Fourth Amendment
Eighth Amendment
Fourteenth Amendment
References

There are twenty-seven amendments to the US constitution that have been made over time. Some of the amendments that have received attention and media coverage in recent years include the First, Fourth, Eighth, and Fourteenth Amendments. Many prisoner complaints are raised in relation to various stipulations of these amendments. Some of the landmark cases in the United States relied on the First, Fourth, Eighth, and Fourteenth Amendments.

First Amendment

The First Constitutional Amendment protects citizens’ right to certain forms of expression. The law pertains to the freedom of establishing or exercising religion, free speech, the right to assembly, freedom of the press, and the right to petition the government (Shanor, 2018). One case that relates to this Amendment is the Texas v. Johnson case. In 1984, Gregory Johnson burned a United States flag outside the Republican National Convention that was being held in Dallas. He burned the flag as a sign of protest against President Ronald Reagan’s policies. He was arrested because this action was against a Texas statute that prohibited the desecration of venerated objects.

Johnson was convicted to a one-year sentence and a $2,000 fine by a Texas court but later appealed this decision. When the case was brought to the Supreme Court, it was decided that burning the American flag as an act of protest is protected under the First Amendment clause of symbolic speech (Texas v. Johnson, 1989). The Supreme Court ruled that free speech can be expressed in various ways, including symbolically burning a flag. Prior to this decision, forty-eight states enforced prohibitions on desecrating or vandalizing the flag. The 5-4 Supreme Court ruling effectively invalidated these state laws.

Fourth Amendment

The Fourth Amendment grants citizens the right to be protected against invasive seizures and searches. Further, the Amendment holds that search warrants should only be issued upon probable cause. Probable cause means that a police officer should have a reasonable and justified reason for an action, such as issuing a search warrant or arresting someone (Delaware v. Prouse, 1979). The 1979 Delaware v. Prouse case is an exemplification of the Fourth Amendment. A New Castle County police officer stopped William Prouse’s automobile for a routine check. When checking his license and registration, the officer found marijuana in the car. Prouse was indicted for illegal possession of a controlled substance.

Prouse petitioned the court to suppress the drug possession charges, citing that it was against the Fourth Amendment. In an 8-1 ruling, the Delaware Supreme Court granted this motion. The court ruled that the police officer did not have a reasonable cause to search the car. Stopping a vehicle at non-designated traffic checkpoints or roadblocks to check for license and registration violates the right to be protected from unreasonable searches (Delaware v. Prouse, 1979). The court established that police officers could not make discretionary spot checks of vehicles since this would subject citizens to unconstrained government intrusion.

Eighth Amendment

The Eighth Constitutional Amendment protects citizens from excessive bail or fines and cruel or unusual punishments. In essence, it ensures that punishments given for a crime are not extreme (Ucuz, 2017). United States v. Bajakajian is an example of a case that demonstrates the application of the Amendment. In 1993, Hosep Bajakajian and his family wanted to fly from Los Angeles to Cyprus to repay a debt. The man was found with $357,144 on a routine check as he was departing the country (United States v. Bajakajian, 1997).

The US government charged him for attempting to leave the country with an unreported sum of money exceeding $10,000 in cash, which is against the Bank Secrecy Act. The government wanted Bajakajian to relinquish the entire sum as stipulated by the Act. When the district court and the Ninth Circuit ruled that the fine was excessive, the government took the case to the Supreme Court.

In a 5-4 ruling, the Supreme Court decided that forfeiture of the entire sum constituted an excessive fine. The punishment was disproportional to the crime of violating a reporting statute (United States v. Bajakajian, 1997). Furthermore, no link was found between the money found on Bajakajian and any illegal activities. Therefore, requiring Bajakajian to forfeit the cash amount would be against the Excessive Fines Clause of the Eighth Amendment.

Fourteenth Amendment

The Fourteenth Amendment grants all citizens of the country equal protection of the law. In addition to being entitled to equal protection, the Amendment holds that states shall not make laws to reduce the privileges of citizens or deprive anyone of life, liberty, or property without following due process (Voros, 2017). The Reed v. Reed case was a landmark Supreme Court decision utilizing the Fourteenth Amendment. Cecil and Sally Reed were a separated couple in contention over who to be named as the administrator of their deceased son’s estate (Reed v. Reed, 1971). The Probate Court of Idaho had a code stating that “males must be preferred to females” when appointing estate administrators. Consequently, Cecil was appointed to manage the estate, and Sally petitioned the matter. The Supreme Court established that the Code was in violation of the Fourteenth Amendment. In a unanimous decision, it ruled that differential treatment of men and women was unconstitutional.

References

Delaware v. Prouse, 440 U.S. 648 (1979). Web.

Reed v. Reed, 404 U.S. 71 (1971). Web.

Shanor, A. (2018). First amendment coverage. New York University Law Review, 93(2).

Texas v. Johnson, 491 U.S. 397 (1989). Web.

Ucuz, G. (2017). New considerations under the Eighth Amendment’s excessive fines clause when determining criminal forfeiture. Suffolk J. Trial & App. Advoc., 23, 334.

United States v. Bajakajian, 524 U.S. 321 (1998). Web.

Voros, F. (2017). Understanding the 14th Amendment. Utah Bar Journal, 30(3), 10-15.

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The First, Fourth, Eighth, and Fourteenth Amendments

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