PEOPLE or CITIZEN - WHICH ONE ARE YOU?

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People's rights vs citizen's rights

Are you one of the People of the United States, as contemplated by the U.S. Constitution Preamble?
Or, are you one of the citizens of the United States, as defined in the U.S. Constitution 14th Amendment?

Your answer affects the rights you have.

If you are one of the People of the United States, then all ten amendments are available to you.
You have natural rights.

If you are a citizen of the United States, then you have civil rights [properly called civil privileges].

See Senate Document 108-17, p. 1006, 1007, Footnote 37 [in part below], for details summarized here.

Amendments available to U.S. citizens:
1: Religion
(free exercise, establishment)
Speech
Press
Assembly
Petition

4: Search and seizure

5: Double jeopardy
Self-incrimination
Just compensation
6: (protection has been diluted)
Speedy trial
Public trial
Jury trial
Impartial Jury
Notice of charges
Confrontation
Compulsory Process
Counsel
8: Cruel and unusual punishment
Amendments not available to U.S. Citizens:


2: Right to keep and bear arms

3: Quartering troops in homes

5: Grand Jury indictment

7: Jury trial in civil cases

8: Bail (mostly)
Excessive fines under equal protection

Senate Document 108-17, Constitution of the United States of America: Analysis and Interpretation documents the legal effect of your answer. This document and subsequent revisions is given free to all elected and past senators, members of congress, and vice presidents, delegates, and resident commissioners upon timely request to the Government Printing Office. Online access HERE

The doctrine of selective incorporation is the dominant doctrine for incorporating portions of the Bill of Rights for application to citizens of the United States.

One may purchase a copy from the U.S. Goverment Printing Office for $226; STOCK # 052-071-01421-7 (later issues may have a different stock number, price subject to change.)

For related information, see Republic versus Democracy and DEFINITION and explanation: What is a Republic?


The Constitution for the United States of America, Analysis and Interpretation Senate Document 108-17, Page 1006-1007, Footnote 37 The following list does not attempt to distinguish between those Bill of Rights provisions which have been held to have themselves been incorporated or absorbed by the Fourteenth Amendment and those provisions which the Court indicated at the time were applicable against the States because they were fundamental and not merely because they were named in the Bill of Rights. Whichever formulation was originally used, the former is now the one used by the Court. Duncan v. Louisiana, 391 U.S. 145, 148 (1968).

Provisions applied are:

First Amendment—

Religion—

Free exercise:

Hamilton v. Regents, 293 U.S. 245, 262 (1934);
Cantwell v. Connecticut, 310 U.S. 296, 300, 303 (1940).

Establishment:

Everson. v. Board of Education, 330 U.S. 1, 3, 7, 8 (1947);
Illinois ex rel. McCollum v. Board of Education, 333 U.S. 203 (1948).

Speech—

Gitlow v. New York, 268 U.S. 652, 666 (1925);
Fiske v. Kansas, 274 U.S. 380 (1927);
Stromberg v. California, 283 U.S. 359 (1931).

Press—

Near v. Minnesota ex rel. Olson, 283 U.S. 697, 701 (1931).

Assembly—

DeJonge v. Oregon, 299 U.S. 353 (1937).

Petition—

DeJonge v. Oregon, 299 U.S. at 364, 365;
Hague v. CIO, 307 U.S. 496 (1939);
Bridges v. California, 314 U.S. 252 (1941).

Fourth Amendment—

Search and seizure—

Wolf v. colorado, 338 U.S. 25 (1949);
Mapp v. Ohio, 367 U.S. 643 (1961).

Fifth Amendment—

Double jeopardy—

Benton v. Maryland, 395 U.S. 784 (1969);
Ashe v. Swenson, 397 U.S. 436 (1970) (collateral estoppel).

Self-incrimination—

Malloy v. Hogan, 378 U.S. 1 (1964);
Griffin v. California, 380 U.S. 609 (1965).

Just compensation—

Chicago, B. & Q. R.R. v. City of Chicago, 166 U.S. 226 (1897).

Sixth Amendment—

Speedy trial—

Klopfer v. North Carolina, 386 U.S. 213 (1967).

Public trial—

In re Oliver, 333 U.S. 257 (1948).

Jury trial—

Duncan v. Louisiana, 391 U.S. 145 (1968).

Impartial Jury—

Irvin v. Dowd, 366 U.S. 717 (1961);
Turner v. Louisiana, 379 U.S. 466 (1965).

Notice of charges—

In re Oliver, 333 U.S. 257 (1948).

Confrontation—

Pointer v. Texas, 380 U.S. 400 (1965);
Douglas v. Alabama, 380 U.S. 415 (1965).

Compulsory process—

Washington v. Texas, 388 U.S. 14 (1967).

Counsel—

Powell v. Alabama, 287 U.S. 45 (1932);
Gideon v. Wainwright, 372 U.S. 335 (1963).

Eighth Amendment—

Cruel and unusual punishment—

Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947);
Robinson v. California, 370 U.S. 660 (1962).

 

Provisions not applied are:

Second Amendment—

Right to keep and bear arms—

Cf. United States v. Cruikshank, 92 U.S. 542, 553 (1876);
Presser v. Illinois, 116 U.S. 252, 265 (1886).

Third Amendment—

Quartering troops in homes—

No cases.

Fifth Amendment—

Grand Jury indictment—

Hurtado v. California, 110 U.S. 516 (1884).

Seventh Amendment—

Jury trial in civil cases in which value of controversy exceeds $20—

Cf. Adamson v. California, 332 U.S. 46, 64–65 (1947) (Justice Frankfurter concurring).
See Minneapolis & St. L. R.R. v. Bombolis, 241 U.S. 211 (1916).

Eighth Amendment—

Bail—

But see Schilb v. Kuebel, 404 U.S. 357, 365 (1971).

Excessive Fines—

But see Tate v. Short, 401 U.S. 395 (1971) (utilizing equal protection to prevent automatic jailing of indigents when others can pay a fine and avoid jail) 38
Malloy v. Hogan, 378 U.S. 1, 10–11 (1964);
Ker v. California, 374 U.S. 23 (1963);
Griffin v. California, 380 U.S. 609 (1965); Baldwin v. New York, 399 U.S. 66 (1970);
Williams v. Florida, 399 U.S. 78 (1970); Ballew v. Georgia, 435 U.S. 223 (1978);
First National Bank of Boston v. Bellotti, 435 U.S. 765, 780 n.16 (1978) (specifically the First Amendment speech and press clauses);
Crist v. Bretz, 437 U.S. 28 (1978); Burch v. Louisiana, 441 U S. 130 (1979).
39 Williams v. Florida, 399 U.S. 78, 106–107 (1970) (Justice Black concurring in part and dissenting in part), quoting Malloy v. Hogan, 378 U.S. 1, 10–11 (1964).

 

Republic v. Democracy CLICK HERE

Democracy versus Republic CLICK HERE

Notes on person CLICK HERE

'person' defined CLICK HERE

On rights and Liberties CLICK HERE

State Created Office Of Person CLICK HERE

"What's In A Name?" or "This Is Not That!" CLICK HERE

Silent Weapons for a Quiet War CLICK HERE


NOTICE: Author is not affiliated with Freedom School.
NOTICE: If anything in this presentation is found to be in error a good faith effort will be made to correct it in timely fashion upon notification.
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