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]