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Constitutional Amendements


The 4th Amendment idea that citizens should be protected from unreasonable searches and seizures goes back far into English history. In 1604, in the famous Semayne's Case, the Judge, Sir Edward Coke, first identified this right. He ruled that, "The house of every one is to him as his castle and fortress, as well for his defense against injury and violence as for his repose." In this case, it was determined that subjects of the kingdom had the right to be protected from searches and seizures that were unlawfully conducted, even if they were conducted by the king's representatives. The case also recognized that lawfully conducted searches and seizures were acceptable. This case established a precedent that has remained a part of English law ever since.
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             The tradition of trial by jury began in England around the 12th century. Originally, juries were a group of twelve local men who were brought in to tell what they knew of the facts of a case. They were essentially the witnesses. Often juries were brought together to accuse political opponents of the king of various crimes in order to do away with their opposition. Eventually the tradition changed into a system whereby these twelve men would listen to evidence presented by both sides in the case and declare a verdict about whether or not the accused party was guilty.
             The 8th Amendment has its origin in the British Magna Carta of 1215. In it, the idea that punishments ought to fit the crime was codified in the following words - "A free man shall not be [fined] for a small offense unless according to the measure of the offense, and for a great offense he shall be [fined] according to the greatness of the offense." Magna Carta was the first English document that placed restrictions on the sovereign from violating certain agreed upon rights of the people.
             Why was the 9th Amendment added to the Bill of Rights? After the Constitution was written by the Constitutional Convention at Philadelphia in 1787 and submitted to the States for ratification, many voices arose saying the Constitution did not sufficiently protect the basic natural rights of the citizens.


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