Last time on Knowing Better…
So I decided to spend this weekend making him a life preserver. And since I’ll be working with
my hands during this video I figured I’d teach you the Bill of Rights using just your hands as well.
Now to the third amendment. Stick with me, this one gets a little weird.
Where is the detonator?! And then I’ll sew these up and add some snaps and
stuff to it. And you’ll get to see it in action next week when I finish the Bill of Rights.
The following takes place between Noon and 4pm [Intro music] So last week I made a life preserver for my ferret while talking about the first four amendments of
the Bill of Rights. I’d cover them again but then there’d be no point for you to go back and watch
that video or even subscribe. Which reminds me, my friends have been saying I’m supposed to
start asking people to subscribe so… do that. But before we get into the ferret swimming let’s
go ahead and get started with the fifth amendment. No person shall be held to answer for
a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject for the same offence to be
twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just compensation.
Ugh… that is a lot to unpack… First of all, this is your right to remain
silent… sort of. You are not required to be a witness against yourself in any crime.
However, unlike on TV, you can’t go on the stand and answer some questions the way you
want, and others say “I plead the fifth.” The fifth amendment is an all or nothing deal. If you
waive that right and choose to go on the stand, you must answer all the questions – or you’ll
probably be held in contempt. Also, unlike on TV, you can’t plead the fifth to the police – that’s
not when the fifth amendment applies at all. When speaking to the police, you have
three options. Tell the truth, lie, or say nothing. Saying nothing is not
part of your fifth amendment rights, that’s part of the Miranda warning. The famous
“you have the right to remain silent, anything you say can and will be used against you” line.
Unlike what the movies would have you believe, this is not some magic police spell. Even if
they forget to say it, the arrest still counts and anything you say can be used against you.
The fifth amendment also protects you from double jeopardy. [Double Jeopardy jingle]
This means that you can’t be charged with the same crime twice. This is why OJ Simpson was
found innocent, but then wrote a book called “If I Did It” where he explains in detail
how he would have gotten away with it, if he actually did it… but he can’t be charged
with the murder again. This doesn’t mean that if you’re charged with possession and found innocent
that you can never be charged with possession again. It just means that you can’t be charged
for the exact same possession. You can be charged again under completely different circumstances.
The last part of the fifth amendment is eminent domain. If the government wants to build
an intergalactic superhighway through your backyard but you refuse to sell your land, the
government can take it anyway but pay you fair compensation. The idea is that whatever it
is they’re planning to build would be for the common good. Lately this has been called into
question when the government buys up a bunch of land and then sells it to a corporation like
Walmart. Is that really for the common good? So the fifth amendment has three parts.
[Tone] So the fifth amendment has three parts: the right to remain silent, protection
from double jeopardy and eminent domain. Alright. It's just like putting a
diaper on a baby. Good boy. Good boy. For those of you who are curious, I used
the ferret tech vest that you can get at almost any pet store, cut up some pieces
of foam and covered them in duct tape, and inserted them into the vest. Then I sewed it
up, added some parachute cord and Puffy paint and sewed on the clips from a standard ferret harness.
There you go! All set. All set to go swimming. Before you start to worry, this is not
his first time in the water or wearing the vest. But woah there, before we get
into the water we should probably knock out another amendment. This one also has three parts.
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 defence.
The main point of the sixth amendment is that it guarantees you a speedy trial by jury. What
is a speedy trial? Well in the 1790’s when this was written, it meant six months. Luckily, in
2016 that's been updated to mean… six months. Anyone who knows the justice system knows
that it’s by no means a speedy system. Two weeks ago I told you about a gamer who’s
been awaiting trial for over two years. The sixth amendment also gives you
the right to face your accusers and witnesses. Nobody can accuse you of a
crime anonymously. But more importantly, it gives you the right to an attorney, even
if you can’t afford one – the other part of the Miranda warning that everyone remembers. While
this was in the Constitution for almost 200 years, nobody thought this actually meant that
you got one for free until Gideon in 1963. Of course, this right has also been twisted
around in every state. In some states you still have to pay for your public defender, in
others your public defender may be so overloaded that they have mere minutes to discuss your
case. John Oliver does a fantastic bit about this and the documentary Gideon’s Army does a
great job discussing the flaws of this system. The seventh amendment may seem a little weird
and out-dated too, but you’re probably going to have to remember it, so let’s get into it…
In suits at common law, where the value in controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise
re-examined in any court of the United States, than according to the rules of the common law.
The seventh amendment states that if you are to sue someone in civil court for anything
over twenty dollars you are guaranteed a trial by jury. At least, back in the 1790’s.
Many have argued that this has always been intended to increase with inflation and so has
been updated. The number is now around $75,000. So in order to remember the seventh
amendment… Hey, give me my twenty dollars. The eighth amendment protects you
from cruel and unusual punishment. Excessive bail shall not be required,
nor excessive fines imposed, nor cruel and unusual punishments inflicted.
So… no torture. But keep in mind that it says cruel and unusual. There have been several
cases where a judge has sentenced someone to wear a sandwich-board saying “I shoplifted”
right in front of the store that they got caught stealing from. Is that cruel? Not
really. Is it unusual? Yes. Is it hilarious? Absolutely. So it’s constitutionally okay.
What about the death penalty? Is that cruel? Some would say yes. Unfortunately it’s not
very unusual. Public opinion sways back and forth on this one. What about putting a life
preserver on your ferret and having him swim in the river? Unusual? Kind of. Cruel?...
The eighth amendment is also your protection against excessive bail. This has also
come under the microscope recently, as excessive is completely subjective. To
a mother of four accused of possession, $200 may be excessive. To a billionaire accused
of murder, $200,000 may just be pennies. Several TV shows and documentaries have looked into this
unbalanced system, but I definitely recommend John Oliver’s segment again on this issue.
To remember the eighth amendment, cruel and unusual punishment and excessive bail,
think of handcuffs, which are a figure eight. The ninth amendment is commonly
called the enumeration of rights. The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others retained by the people.
Basically what this means is that if it’s not explicitly written in the Constitution, and
as long as it’s not explicitly made illegal, you’re allowed to do it. To remember this,
hold up nine fingers. Just because I can’t see my other thumb doesn’t mean it’s not there.
This may seem like a really dumb amendment, but it’s actually pretty genius. If not for the
ninth amendment, if it wasn’t written in the Constitution, you wouldn’t be allowed to do it.
But as long as it’s not illegal, it’s okay. As I said before, there is no explicit right to privacy
or to silence in the Constitution. But thanks to the ninth amendment they’re interpreted from the
fourth and the fifth. To get even more ridiculous, the Constitution doesn’t say you’re allowed
to eat chicken, but since it’s not illegal, you’re allowed to eat chicken… thanks to the
ninth amendment. Thank you ninth amendment! The tenth amendment says that anything not given
to the federal government in the Constitution, like the ability to regulate international trade
or immigration, is given to the states to decide. The powers not delegated to the
United States by the Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people. This is where “states rights” come from.
Basically, the tenth amendment says if it’s not on your hands, it’s given to your toes.
To use a more recent, controversial example, the Constitution did not define marriage for many
years. So it was left to the states to decide. While this is a video topic in itself, basically,
the Supreme Court used the fourteenth amendment, as well as other parts of the Constitution,
to make it legal at the federal level. So let’s quickly recap all
ten of the Bill of Rights… The first amendment has five rights. Speech,
press, religion, petition, and assembly. The second amendment is your right to bear arms.
The third amendment is your protection from quartering troops.
The fourth amendment is your protection from unreasonable search and seizure.
The fifth amendment is your right to remain silent, protection from double
jeopardy and right to eminent domain. The sixth amendment is your
right to a speedy trial by jury. The seventh amendment is your right to
federally sue someone over twenty dollars. The eighth amendment is your protection against
cruel and unusual punishment and excessive bail. The ninth amendment is the enumeration of
rights. If it’s not written in the Constitution, and it’s not illegal, you’re still allowed to do
it. If I can’t see my thumb, it’s still there. The tenth amendment is states rights. Anything
not given to the federal government by the Constitution, is given to the states. If
it’s not on my hands, it’s on my feet. So the next time Jimmy Kimmel
or some YouTuber comes along, trying to make you look stupid by asking
you how many Bill of Rights you know, now, you’ll know better. [Outro Music]
