Page11

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Title Right most valued by civilized man, The
Subject Privacy, Right of; Liberty; Sociological jurisprudence
Description Twenty Third Annual Frederick William Reynolds Lecture.
Creator Dykstra, Daniel James.
Publisher Extension Division, University of Utah
Date 1959-02-12
Date Digital 2008-05-29
Type Text
Format image/jpeg
Digitization Specifications Original scanned on Epson Expression 10000XL flatbed scanner and saved as 400 ppi uncompressed tiff. Display images generated in PhotoshopCS and uploaded into CONTENTdm Aquisition Station.
Resource Identifier http://content.lib.utah.edu/u?/reynolds,334
Source LD5526 .U8 n.s. v.50 no.12
Language eng
Relation Digital reproduction of "The Right most valued by civilized man," J. Willard Marriott Library Special Collections
Rights Digital Image Copyright University of Utah
Metadata Cataloger Seungkeol Choe; Ken Rockwell
ARK ark:/87278/s68g8hnk
Setname uu_fwrl
Date Created 2008-07-29
Date Modified 2008-08-04
ID 319634
Reference URL https://collections.lib.utah.edu/ark:/87278/s68g8hnk

Page Metadata

Title Page11
Description "THE RIGHT MOST VALUED BY CIVILIZED MAN" 11 The First Amendment expressly excludes legislative action in five areas, for it declares unequivocally that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall Congress make any law which abridges freedom of speech, or the press, or the right of the people peaceably to assemble, or the right to petition the government for a redress of grievances. The Third and Fourth Amendments reflect the common law respect for the sanctity of the home. The Third expressly prohibits the quartering of soldiers in any home in time of peace without the consent of the owner and permits it in times of war only as prescribed by law. The Fourth Amendment extends this area of protection to prohibit unreasonable searches, not only of one's home, but also of one's person, papers, and effects. It is in short an interdiction against official meddling. The Fifth supplements the mantle of protection around the individual by asserting that no person in a criminal case shall be compelled to be a witness against himself. It further contains the ringing declaration that no person is to "be deprived of life, liberty, or property without due process of law," nor is his private property to be taken "for public use, without just compensation." The remaining provisions of the Bill of Rights demonstrate this same concern for the status of the individual: for they guarantee him in criminal prosecutions the right to a speedy trial, the right to an impartial jury, the right to be informed of the nature and the cause of the accusation, the right to be confronted by his accusers, the right to have compulsory process for obtaining witnesses in his favor, and the right to have the assistance of counsel for his defense. They prohibit excessive bail and further prescribe that no man shall be subject to "excessive fines" nor "cruel and unusual punishment." These rights reveal many things concerning the philosophy of the framers. They reflect the fact that the individual was considered the center of society. As such, he had certain prerogatives reserved to him â€" prerogatives which were not to be subjected to the vicissitudes of politics nor to the will of the majority.6 They further demonstrate, as Justice Brandeis has observed, that the makers of our Constitution recognized that only a part of "the pain, pleasure, and satisfactions of life are to be found in material things." 7 As a consequence, construed in terms of their general 6. In West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), Justice Jackson, speaking for the Court, observed: The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. (P. 638). 7. Olmstead v. United States, 277 U.S. 438, 478 (1928).
Format image/jpeg
Identifier 011-RNLT-DykstraD_Page11.jpg
Source Original Manuscript: The right most valued by civilized man by Daniel J. Dykstra.
Setname uu_fwrl
Date Created 2008-07-29
Date Modified 2008-07-29
ID 319617
Reference URL https://collections.lib.utah.edu/ark:/87278/s68g8hnk/319617