What Are the Rights of a United States
Citizen?
Perhaps, fearless followers, you
read this very same column last week and, as a natural
progression, subsequently posed the question aloud,
“What are my rights as a citizen of the United
States?”
I’m glad you asked, though
talking aloud to oneself in public is frowned upon
in some circles. If you were paying attention and
taking notes during our previous discussion you could
now raise your hand, if called upon, and state with
certainty that your primary source of protection as
a citizen is the United States Constitution.
Amendment One provides for freedom
of speech, of the press, the right of people to peaceably
assemble, and to petition the Government for a redress
of grievances. Freedom of speech has come to be synonymous
with democracy. It really is the Big Kahuna of freedoms.
Without it, little else would matter.
Still, issues are rarely black and
white, and gray has come to symbolize the nebulous
nature of court interpretations of the Amendments.
No freedom is absolute. The rights of others must
be taken into consideration as well. For example,
you are not allowed to stand on a street corner and
urge all listeners to follow you immediately in a
plot to assassinate Gumby. While it may be free speech
for you, it is a clear violation of Gumby’s
right to life, liberty, and the pursuit of happiness.
Free speech does not trump a murder rap. You may not
urge the commission of a crime, no matter how hot
your blood boils to see the green guy six feet under.
Here’s what you can do. You
may discuss on street corners or in newspaper columns
or over a few beers at the local pub how you believe
Gumby is fraying the very fabric of society and that
he ought to be removed from a position of power by
peaceful and legal means. If Gumby were president
you could try to persuade people not to re-elect him.
The right to Freedom of Assembly?
Come one, come all. Have a big parade or rally. Bring
your dog Fluffy but make sure you notify the police
department and file the proper permit. You have the
right to peaceful demonstration but if you get rowdy
they might smack you, drag you around, or spray you
with mace. Such is the price of freedom. Better to
get liquored up before you go out.
Next comes the Freedom of Religion.
Should be such a simple matter but thousands of hours
have been logged by judges’ and lawyers’
trying to decide what this part of the Amendment really
means. Suffice it to say no one understands the separation
of church and state and no one ever will. Not even
Gumby, brilliant statesman that he could have been.
The right to vote in the United States
has seen a long and convoluted history. Referenced
in the Constitution, the Fifteenth and Nineteenth
Amendments, it was not until the ratification of the
Twenty-Sixth Amendment in 1971 that it became the
law of the land that “the right of citizens
of the United States, who are eighteen years of age
or older, to vote shall not be denied or abridged
by the United States or by any state on account of
age.” Prior to that, you were just out of luck
if you happened to be the wrong sex, skin color, or
age.
Did you know you have the right to
hold public office? Absolutely. Even if you’re
a near imbecile! How exciting is that?
You have the right to keep and bear arms. The Second
Amendment says “the right of the people to keep
and bear arms shall not be infringed.” While
traditionally the Unites States has enjoyed, comparatively
speaking, unlimited gun ownership, the truth of the
matter is that states’ have long implemented
widespread regulation in this area. Barney Fife and
his one bullet in the pocket might even have a tough
time today.
The following is a list of more rights
you enjoy but may have forgotten about: right to individual
privacy, full enjoyment of your property (code enforcement
should get a laugh out of this one), equal protection
of the laws, right against self-incrimination, right
to due process of law, right to a jury trial. It is
true these rights are not as sexy as freedom of speech
but bet you wouldn’t want to be without them.
You also have the right to Habeas
Corpus (translated literally as “the right to
become a corpse”.) Wait, that’s not true.
It actually means you may not be detained illegally.
You also have the right not to be tried twice for
the same offense. Notice it says nothing about being
tried three or four times. Can they skip two and go
straight to three? Or ten?
Next week we will conclude this examination
of citizenship by taking a look at when your rights
may be limited or suspended. Those who have been paying
attention might assume I have become feeble-minded
and will repeat the recent columns regarding martial
law. You would be wrong to do so because this will
be totally different. Promise. Come back and see.
Michael R. Barnes
practices law in Key West, Florida. His comments are
provided as a pro bono community service and are not
offered as legal advice for a particular set of circumstances.
This article was materially assisted in its preparation
by his paralegal, Derek Dowell. If you are concerned
that you may need a lawyer, you are encouraged to
contact one and follow his or her advice for your
individual situation.
