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Amendments from the Bill of ights in U.S.
Policy necessary for police investigators when interrogating suspect
Type of crime
Constitutional right upheld
ationale of the policy
Evaluation of the policy
Foreign policy dealing with the same issue
Policy name in the country
Evaluation of the policy
Amendments from the Bill of ights in U.S.
This Amendment has prohibited the making of any law with respect of religion establishment, obstructing a free practice of religion, reducing the freedom of speech, breaching the freedom of the press, obstructing the rights to having peaceful assemblies, or keeping out appeals during government redress of grievances. The right to reason is the beginning of liberty, and speech must be confined from the government since speech is the start of though.
This Amendment affects mostly the church because the church needed to be separated…… [Read More]
egardless of the theoretical interpretation of this amendment, the practical effects thus far have been quite clear -- responsibilities and rights not handled by the federal government are left up to state and local governments. One of the most important areas in which this can be seen in action is through the investigation of crime. Because the federal government does not prohibit any state or locality's rights in searching a person or their property for evidence of a crime (other than the provisions of the fourth amendment), local police have the authority granted to them by their own state and/or local governments to search -- it is a right held in reserve by the people.
This does not mean that local police (or federal agents, for that matter) have full reign in searching for evidence. Various matters of police abuse have been raised and debated over the centuries, but among…… [Read More]
amendments are an important part of the U.S. constitution and their effect on the legal system.
Generally, the constitutional amendment process is crucial to the United States Constitution and legal system because it allows it to grow and incorporate modern ideas and factual realities that might never have been imagined by the Framers. To date, some of the most important societal changes in the U.S. were directly attributable to specific amendments to the Constitution; many more are determined by the decisions of the Supreme Court on matters covered by the Bill of ights. At the time when the idea of the Constitution was still being debated by representatives from the individual states, there was a long series of written debates communicated in public newspapers, known today as the Federalist Papers (Zalman, 2008). They arose out of the concern of the anti-Federalists that the text of the Constitution proposed for ratification…… [Read More]
Amendment 8 - Cruel and Unusual Punishment
The Eighth Amendment (Amendment VII) to the American constitution is part of the American Bill of ights which was ratified in 1789. The Amendment was to prohibit the States government from imposing cruel and unusual punishment. The Eighth Amendment was adopted in 1971 as part of the Bill of ights in the United States where the parliament declared "as their ancestors in like cases have usually done...that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (Harper, 2007)." In summary, the paper will discuss the Eighth Amendment (Amendment VII) to the American constitution as well as what and how it is controversial.
According to the Supreme Court, the Eighth Amendment prohibits some penalties and bars punishments which tend to be excessive when compared to crime or any other competence of criminals. The Eight…… [Read More]
The narrator prefaces the anecdote regarding Liza as one of the few instances in which he ventured to leave the underground which emphasizes the magnitude of his encounter with her. Moreover, his encounter with her is so dramatic and draining, that they abruptly end his notes from the underground. The following quotation proves this fact. Of his encounter with Liza the narrator recalls "Even now, so many years later, all this is somehow a very evil memory. I have many evil memories now, but ... hadn't I better end my "Notes" here? I believe I made a mistake in writing them (Dostoevsky). The power of merely recalling the narrator's noxious treatment of Liza implies how corrupt a person he is. His corruption is largely attributed to that of society in general, of which he is just a representative. The narrator functions as a microcosm of the larger macrocosm of society,…… [Read More]
The Tea Party and the 14th and 17th Amendments
At its core, the Tea Party identifies itself as a political faction intended to reduce what it perceives as the tyrannical power of the federal government over the rights of corporations, states and citizens. This is the perspective that underlies the Tea Parties aggressive posturing in recent political affairs and especially its vitriolic hostility toward President Obama. As a part of the Tea Party's agenda, the group has sough permeating reform in governmental structures so as to reduce what is views as central executive and legislative branches with far too much authority over our lives. ithin the context of this view, the Tea Party has been especially vocal where certain terms of the Bill of Rights are concerned. The arch-conservative group, recognizing the difficulty of shifting judicial perspective and precedent on Constitutional Law, has instead attempted to push quite simply…… [Read More]
Amendment One in Florida - Impact on Transportation
On its surface, Amendment One seems to be a much-welcomed tax relief bill for vast majority of property-owning Floridians. The state's businesses likewise applauded the passage of Amendment One. However, the property tax reform measure was opposed by local governments and public safety providers, who stated that it would compromise the safety and quality of public services, including transportation. The cuts in funds would limit necessary infrastructure maintenance, upgrades, and needed surveillance to protect the public welfare. Often, because of a desire to see financial relief, and because of Florida's prohibitively high property taxes, it is difficult for the public to have a far-sighted view of the necessary funds needed to ensure that transportation is functional ("NFIB cheers passage of Amendment One," Jacksonville Business Journal, 2008).
The amendment doubled the homestead exemption to $50,000 and made the Save Our Homes provision of…… [Read More]
seond amendment of the United States Bill of Rights, namely the right to bear arms.
Looking at how eah individual argues the points and brings out their own points-of-view as to whether the right to bear arms is being misused or is being held in hek by a misinterpretation of the legal terminology.
The Right to Bear Arms
When the Thirteen Colonies delared their independene in 1776 they broke away from one of the most powerful nations in the world at the time, with the signing and ratifiation of the Bill of Right and the Constitution they brought forward a series of legal douments that were envisioned to provide for any instane and grievane they had felt under Great Britain. Moreover, the idea of removing themselves from any ontat with Great Britain was to seure a free future from the tyranny of the Crown.
However it has to be asked…… [Read More]
The decision went further to suggest that, "even if possession were to be allowed for other reasons, any law regulating the use of firearms would have to be "unreasonable or inappropriate" to violate the Second Amendment." (Oyez Project, 2008). Had the decision gone the other way, gun rights activists and gun owners would have likely felt as though their constitutional rights were under attack.
The District of Columbia v. Heller case illustrates the extent to which gun rights is embedded into the fabric of the United States' cultural experience. Had the decision gone the other way, the United States Supreme Court could have dealt gun ownership a deathblow. Certainly there are many examples of nations that do not allow their citizens to possess firearms, and many of these nations are developed and have low crime rates. But it is very evident that in the United States, the individual, cultural sense…… [Read More]
Undoubtedly this would benefit the economy, as healthcare bills related to gun accidents continue to rise with each day that passes. Why not find a means to limit the accidental tragedies that occur with use of guns, rather then spend time and energy finding a way to ban something that will always be available? All of these things can easily be accomplished whether or not the Second Amendment continues or ceases to exist. Congress and the President should focus their attention on more practical matters related to gun legislation. By doing so they will in the long run protect the citizens of this nation and the economy.
Caselaw. "U.S. Constitution: Second amendment." 2005, Thomson Findlaw. 24, April 2005:
DeBose, B. "Bush seeks protection for gun dealers." 2004. News World
Communications Inc. 24, April, 2005: http://www.washtimes.com/national/20-8140r.htm
Dorf, Michael. C. "The real threat to second amendment values isn't the assault…… [Read More]
Te United States, as a society, is based upon principles of wic oter nations in today's world can only dream. Most Americans are proud to admit teir eritage, teir citizensip, teir identity. Tis "americanness" is fostered by various values tat we old, as well as by te documents tat ave literally formed our country. One suc document is te United States Constitution, amended by te Bill of Rigts.
Te amendments witin te Bill of Rigts are truly unique to ow our society as developed and ow it functions, and most people cannot even dream of living witout tese amendments. For tis reason, tis paper will examine one of tese amendments; namely te Fourt Amendment, wic focuses upon searces and seizures. Te paper will begin by describing tis amendment, and continue by examining various aspects of it, as well as providing some examples as to ow it functions in…… [Read More]
First Amendment freedom of speech and press
The Constitution of the United States has been considered to be one of the most liberal fundamental laws of the democratic institutions. It represents he cornerstone of the modern governance and of the modern state. However, the Constitution as it stands today has been subject to several amendments throughout history as reactions to the challenges faced by the state in time. In this sense, one of the most important amendments of the Constitution of the United States is the First Amendment, which ensures the freedom of expression, of the press, of the social groups, and of exercise of religion. The current research focuses on the First Amendment, its content and a practical applicability in the society.
Despite the fact that there have been numerous situations in which the First Amendment was applied and respected successfully, there have been even more situations in which…… [Read More]
14th, 15th, and 19th Amendments of the United States Constitution took quite a long time to be fully realized for a number of reasons. The principle one, of course, is that the U.S. was designed to operate as a patriarchal, Anglo-Saxon-based society to benefit its principle citizens, white males. A cursory review of the recent court decision in which a Hispanic white male shot and killed an unarmed African-American teenager in Florida (and was acquitted earlier this month) indicates that this perception and basic function of U.S. society has not substantially changed. The 14th, 15th, and 19th Amendments were created to extend the rights enjoyed by Anglo-Saxon males to others of historic minority groups such as African-Americans and women. As such, there was a great deal of resistance enacted upon the majority of the country that did not want to see the shift of the focus of citizenship go from…… [Read More]
Second Amendment Should be Sacrosanct
What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms." Or. "A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind." These statements by President Thomas Jefferson establish the thesis of this essay. (Jefferson, 2003) This essay will argue that the "Right to ear Arms" as assured by the Second Amendment of the Constitution should be held sacrosanct.
There are no more divisive newsworthy topics in the United States than those of private ownership of guns. The argument for gun ownership was echoed by the then president of the National Rifle Association and Academy Award winning actor, Charlton Heston, "Guns do not kill…… [Read More]
Gun Control 2nd Amendment
The Second Amendment of the U.S. Constitution reads, "A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed." It is argued, rightfully that despite constitutional purists the intent of the wording was to allow Militias, which served as proxies to well regulated police and other defense organizations in communities. This ideology allowed for individuals to, "keep and bear arms" as a result of their need to protect the greater good of the community they lived in as well as their own family if it was needed. Guns in today's society, though not the cause of harm, are far too easily obtained and are not understood well enough by many people who own them. Few people who own guns have the knowledge and ability to properly use them, to defend…… [Read More]
" The Fourteenth Amendment explicitly provided the same limitations on the individual state's as existed for the federal government in regards to civil liberties and protections, and therefore the same exclusionary rule based on the Fourth Amendment was held to apply to state proceedings. This directly overturned the ruling in Wolf v. Colorado, which stated explicitly that the Fourteenth Amendment did not disallow illegally obtained evidence from being used in a state trial.
United States v. obinson
414 U.S. 218 (1973)
Facts: Mr. obinson was arrested for driving without a license by an officer who was made previously aware of the fact that Mr. obinson's license had been suspended. During the post-arrest search, a packet of heroin was found on Mr. obinson's person; he was convicted of possession.
Issue: Was there enough probable cause for the search, or was it unwarranted and therefore unreasonable?
Holding: The search was deemed valid…… [Read More]
" Still, a judge has ordered the State Board of Education "not to enforce the new law while a suit filed by the father of a public school student proceeds" (Keen, 2007). Barry Lynn of the group Americans United for Separation of Church and State said the judge realizes "...that there is no motive for a moment of silence except a religious one." The First Amendment comes into play here because it prohibits government from promoting religion.
TO: (Gun control): Recently the governor of California, Arnold Schwarzenegger signed legislation that prevents the use of lead ammunition in California Condor - a severely endangered species - recovery zones. The law thus requires hunters of game like deer and coyote to use copper bullets, because when lead bullets kill a deer, for example, the hunter normally leaves the guts of the carcass on the ground, condors feed on those guts, and if…… [Read More]
It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain. In short, the fourth amendment states that no private property could be searched or seized without a proper warrant; and a warrant could not be issued without due cause. Over time belief in this absolute principle has gradually softened and a number of exceptions to this rule have come into place. Police and other authorities have been given exceptions to this rule in certain circumstances and it is not uncommon for evidence, that was gathered without a warrant, to be accepted in a trial. This is the situation…… [Read More]
10th Amendment and how it relates to the states being controlled by the Federal Govt. On the legalization of pot..
Marijuana in the context of the Tenth Amendment
There is much controversy regarding the Constitution and the power it has over the people, taking into account that many individuals believe that the federal government does not have the Constitutional authority to prevent cities and states from legalizing the use of marijuana (regardless of the purpose of the substance's use). The possession of Marijuana is banned under federal law. However, when considering that the prohibition era saw alcohol banned under a Constitutional amendment, it would appear that a federal law should not be considered enough to prevent states or cities to legalize the use of marijuana. A great deal of individuals (both smokers and non-smokers) believe that the federal government is wrong in trying to force individuals to take on particular…… [Read More]
District of Columbia v. Heller Case Brief
Case Facts: The District of Columbia Code prohibited carrying an unregistered firearm and banned the registration of handguns through its provisions. However, the provisions granted the chief of police the liberty to grant one-year licenses for handguns. Additionally, the Code required individuals owning legitimately registered firearms to keep them unloaded and disassembled or with locked trigger unless they were in business places or being utilized for legalized recreational activities.
A special police officer in Washington, D.C., Dick Anthony Heller, was permitted to carry a handgun while on duty. He applied for a one-year registration license from the city of Washington for a handgun he wanted to keep at home. Based on the provisions of the District of Columbia Code, Heller's application was rejected. Consequently, he sued the District of Columbia on the premise that the provisions of this Code violated the Second Amendment.…… [Read More]
Outside of court, this takes place by way of affidavits and depositions (Sanders, 2007).
The Amendment's final part assures the accused person the right to aid of counsel. Legal representation was once a benefit only accessible to the rich. The poor were frequently left to their own devices in English courts. While defendants in America can decide to represent themselves, the right to counsel gives one the right to gratis legal help. In criminal trials, poor defendants are given legal counsel. Nationwide, community legal services, legal aid societies and other factions help the poor deal with civil issues. No matter how well the founding fathers' accomplished on their plan, our judicial system is not ideal. It is well-known that injustices and frustrations are daily legal incidences. Even so, the framers made enormous progress for daily citizens through the 6th Amendment to make sure American courts truly are the people's courts…… [Read More]
The privilege against self-incrimination originally came to pass through colonial history. It went against both the moral and physical compulsion of taking an oath to what was believed to be a vengeful God and having a pious soul. It also became a defensive weapon against society and the laws and proceedings that often took place, in that it allowed a person to insist that they did not have to and were not going to answer a particular question that was asked of them, and what was more, they did not have to answer the question because they were protected under the law.
Somewhere along the way, though, this protection that was designed for a very specific purpose began to be extended to other purposes, therefore 'watering down' the importance of the 5th amendment and making it into somewhat of a joke as opposed to a serious legal matter that can…… [Read More]
First Amendment, the Constitution, and the Supreme Court
Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech. However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters involving its provisions. The Constitution of the United States is a living document and the interpretation of its amendments by the Supreme Court changes over time. Freedom of speech and the press, and religious freedom, are exercised according to the Supreme Court's rulings in cases that come before it. Exploration of these cases illuminates the evolving meaning of the First Amendment and the freedoms granted therein.
The First Amendment to the Constitution is partially designed to protect journalists and news-content…… [Read More]
S. Constitution began yet another short-lived experiment with prohibition, only this time it was on a national level. hen it went into effect in January 1920, efforts to repeal the 18th Amendment began almost immediately. In a whirlwind of legislative activity, the 21st Amendment was ratified by the requisite number of states in record time. In their haste to repeal the 18th Amendment, though, lawmakers failed to consider the impact of section two as it might apply to interstate commerce in the Age of Information, but given the heated nature of the debate at the time, they can perhaps be forgiven this legislative oversight in the 21st century. All in all, though, the research clearly showed that the U.S. Constitution remains a living document that is capable of responding to changes in American society.
Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.
Eng, Gordon. (2003).…… [Read More]
first amendment of the Constitution addresses both freedoms of speech and religion (Constitution Bill of Rights). ithin these two broad themes, there are various clauses (First Amendment Online). The First Amendment restricts government from passing laws aimed against free excersise of any religion, and also restricts the government from "establishing" or favoring a particular religion (First Amendment Cyber Tribune). In addition to allowing freedom of speech, the amendment also allows freedom of the press, the right to petition government, and the right to assemble (First Amendment Online).
For the purposes of this paper (and survey), I am going to focus on the issue of free speech within the context of the First Amendment. My survey consisted of 4 questions regarding speech in America. Firstly, I asked the individual if he or she believed it was a fair law. The consensus regarding this question was that the First Amendment was not…… [Read More]
MEDIA LA: Argue Against: Discuss 1st amendment implications Family Prevention Tobacco Act 2009. Are tobacco
The Family Prevention Tobacco Act of 2009 was one of the more controversial pieces of legislature passed in recent times, for the simple fact that it gave a great deal of authority to the Food and Drug Administration to limit the effectiveness of the tobacco industry and its various companies to sell its products. There are multiple components of this legislation, which encompass various aspects of sales, advertising, inspections and registration of new products on the part of manufacturers. Among the many points of dissension that individual and collective entities within this industry claim regarding this legislation is that it limits their First Amendment right of freedom of speech. A thorough examination of the spirit and the lettering of this act, however, reveals that of its many different components, only one (that pertaining to advertising)…… [Read More]
Many conservatives believe that the Anti-
Establishment Clause prohibits only the actual establishment of a national religion in the manner of the English Crown. To them, the right to freedom of religion is all that the First Amendment guarantees, not the right to be free from religion (Dershowitz, p. 202).
Luckily for those who consider themselves atheists and agnostics, the Supreme
Court has interpreted the First Amendment to include the separation of church and state much more broadly, because under the conservative interpretation, the government might, in principle, be able to require some religious affiliation of its citizens provided it did not specify any particular religious faith. That issue has arisen numerous times and in many different forms over the years, including whether or not public schools may require recitation of the Pledge of Allegiance with the words "under God" or "moments of private reflection" intended for prayer during school…… [Read More]
First Amendment including kind cases, examples, Supreme Court rule-Based 1st Amendment grounds? Analyze: a.The Sections 1st Amendment means.
The First Amendment
The First Amendment is both one of the most significant legislations in the U.S. And one of the most divisive texts in the Bill of Rights. The text was devised with the purpose of preventing Congress from having the authority to either prevent individuals from exercising their right to express their religious views or to prevent the press from publishing ideas that are truthful. Many individuals are inclined to believe that government should not have anything to do with concepts like religion or freedom of the press. As a consequence, these respective people believe the First Amendment to function as a tool intended to assist the U.S. public in being able to access ideas it is entitled to.
The First Amendment reads "Congress shall make no law respecting an…… [Read More]
Sugar and leaf litter appeared to have an inhibitory effect, except in the area of root mass. These results were similar to those obtained by Levy & Taylor (2003). Their study also found an inhibitory effect in treatments with municipal wastes and pulp mill wastes. Similar to the results of this study, their tests found that horse and mink manure resulted in the greatest improvement in plant growth. However, Muenchang and associates (2006) found the sugar mill by-products improved the nitrogen fixing ability of plants by encouraging the development of certain bacteria on the roots.
There are many field trials that are similar to those conducted in this study. Tuber yield and size were not affected significantly by the application of straw mulch on potatoes (Doring, et al., 2005). However, La Mondia and associates (1999) found that straw applied to potatoes increased yield in tubers exposed to certain potato pathogens.…… [Read More]
The media has brought many important issues to life for the American public. For example, during the American civil rights movement, many areas of the country that had been hesitant to endorse full equality for African-Americans were horrified when they saw their fellow Americans being beaten simply for demanding their rights. The media was also highly influential in mobilizing the American public against the Vietnam War. Pictures showed more powerfully than words the terrible carnage and suffering generated by the conflict and the lack of progress that American military involvement was generating in Vietnam, despite the loss of many lives. Conversely, the media has also had a highly negative influence upon American opinion when it distorts the facts, such as when it inflamed opinion during the Spanish-American War and the McCarthy era, causing Americans to believe the propaganda disseminated in ostensibly objective venues.
The media can also have a more…… [Read More]
ight to Privacy, 1st Amendment
The parameters of one's right to privacy have long been a subject of controversy and while the Constitution does not expressly guarantee one's right to privacy, there are several amendments that were designed to protect specific, private rights of citizens. One of the amendments that seek to protect the private rights of citizens is the First Amendment. However, controversies have arisen that have required the Supreme Court to impose limitations on an individual who is exercising his or her rights under the First Amendment.
The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. Const. amend. I). As stated in the First Amendment, one is…… [Read More]
The NSA had been illegally investigating several journalists and even violating their privacy by monitoring their telephone use through systems and capabilities designed for use against terrorist suspects only.
Fourth Amendment constitutional rights prohibit any such use of surveillance without judicial authorization, typically, a search warrant or wire tap warrant issued after a formal presentation of evidence and the establishment of probable cause, as required by the original text of the Fourth Amendment (Schmalleger, 2008). According to the accounts published, the NSA specifically targeted journalists known to have been critical of the presidential administration of George . Bush, which may raise other significant constitutional problems even beyond the Fourth Amendment issues (Scmalleger, 2008).
Possible Solutions to Balancing Effective Counterterrorism and the Fourth Amendment:
As pointed out by national security expert Randall Larsen (2007), one of the main problems with the so-called ar on Terror as conceived by the former presidential…… [Read More]
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (Cornell University Law School. N.D.). As with a preponderance of Constitutional issues the meaning of the Fourth Amendment has undergone an evolvement from its original intent and purpose as set forth in its composition by the founders and inclusion in the Bill of Rights. "The framers of the Constitution adopted the amendment in response to the writ of assistance (a type of blanket search warrant) that was used during the American Revolution" (Reed, J. May 24, 2011.). The Supreme Court in its role as Constitutional explicator has addressed the scope and boundaries of the…… [Read More]
For all Americans, the Fourth Amendment is an essential element of the U.S. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics that are utilized by law enforcement when conducting investigations. To fully understand how this is impacting society and legal proceedings requires studying various sources. This will be accomplished using academic information (i.e. books, case law and journal articles) to highlight the issues. In the future, this paper will contribute to a greater understanding as to how it requires maintaining a balance in protecting individual rights and giving the government effective tools for enforcing the law. (McInnis, 2009) (Lively, 1999)
The Fourth Amendment is designed to provide Americans with protections against unreasonable search and seizure. It has several different provisions that have been subject to various legal interpretations to include: the use of…… [Read More]
First Amendment of the U.S. Constitution guarantees to us freedom of speech - promises to each citizen and resident of the United States that the government will not tell us what we can or cannot say. Right?
ell, mostly. hile in general Americans are protected by the First Amendment so that we can say whatever wise or witty or stupid or offensive thing that we like. However, there are important exceptions to this general condition: Not all speech is equally protected. This paper examines one of those arenas in which greater-than-usual restrictions are placed upon what people may say and the way in which they may say it. Billboards, as a very public example of commercial speech, are restricted in ways that a person standing on a street under a billboard talking to her friend is not.
Advertising is indeed protected by the First Amendment of the U.S. Constitution. Advertising…… [Read More]
The reality is that most jurisdictions have, in effect, changed this requirement by designating specific courts as small claims courts, where disputes are not settled by juries. Moreover, even in federal-level litigation, the amount in controversy required for most suits means that many litigants lack standing to proceed in a federal court, much less have a jury trial. What this amendment demonstrates is that the process for amending the Constitution has failed to keep up with the changes that are warranted by that process. To work around the fact that the modern court system would grind to a halt if every person with a twenty dollar dispute were entitled to a jury trial, the Courts have interpreted this amendment to mean that people are entitled to a jury trial if they would have been entitled to one under the common law. However, that is clearly not adhering to the…… [Read More]
The freedom of speech has also come under attack, most recently when a reporter was jailed for refusing to expose her sources. The amendment mentions "free exercise" of the right to say what one wishes or print what one wishes; however, if a person was to publicly endorse the assassination of the President, that person would be quickly arrested and most likely thrown in jail, an act that stands in deep conflict with the idea of "free exercise."
The Second Amendment has also become the center of attention regarding a person's right to own firearms and issues related to gun control. The National Rifle Association (NRA) highly endorses the 2nd Amendment and goes to great lengths to lobby Congress for less restrictive measures related to owning specific kinds of firearms, such as machine guns, AK-47's and other high-powered weapons. With handguns, a good number of legal efforts in recent years…… [Read More]
1st Amendment Issues
A highly controversial decision rendered on January 21st of this year by the Supreme Court, affirming the right of corporations and other organizations to enjoy consideration as "persons" and the 1st amendment protections afforded by that status, threatens to undermine the foundation of this country's democratic process. With their closely contested 5-4 decision in the case of Citizens United v. FEC, the high court's conservative members have effectively shattered existing precedent regarding the ability of corporations to channel shareholder funds to political campaigns. In their effort to protect the duly granted right of individuals to contribute money as a form of political speech and expression, the justices in the majority have effectively opened a Pandora's box of unintended consequences. By extending the rights held by individual citizens of this nation to corporate conglomerates and multinational entities, the Roberts court has redefined the menace of judicial activism once…… [Read More]
On the Hobby Lobby case, the First Amendment was challenged about whether it protected the religious beliefs of an employer when it comes to the decision not to pay for insurance meant for contraceptives. The Snyder vs. Phelps case was also related to religious picketing where the issue of sidewalk picketing was under the scrutiny of whether it was outrageous. The WBC church had held a picketing in a funeral and was found guilty of saying outrageous comments in a funeral. However, the Supreme Court of United States in an 8-1 decision argued that the church was constitutionally protected to say whatever they wanted as far as they did not affect the ceremony. It was established that they had avoided the ceremony and had not been involved directly in stopping the ceremony (Zipursky, 473).
The Supreme Court of the United States favored Hobby Lobby in its ruling asserting that under…… [Read More]
Jehovah's Witnesses are a good example of a religious entity that claims the right the First Amendment freedom of religion clauses. Jehovah's Witnesses may act as a thorn in many families across America, however, they have been the root cause of much of our freedom of religion laws. Jehovah's Witnesses brought many cases of religion to the court system in the 1930s and 1940s. Before then, the court system handled very few court cases regarding freedom of speech and freedom of religion. These cases formed the foundation of the First Amendment protection of all citizens.
The Court has attempted to create and implement a system for determining church and state decisions. This is accomplished with a three-part test for laws dealing with religious establishment. The determination if the law is constitutional is this: does it have a secular purpose? It should not advance or inhibit religion. Finally, it cannot foster…… [Read More]
" The full force and authority of a regular police officer is necessary to make such an intrusion. Yet, such a police officer would not be able to summarily search or seize on the premises of a regular home. The homeless person's effects are; therefore, protected from unlawful search and seizure.
Citron, Eric F. "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext." Yale Law Journal 116.5 (2007): 1072+.
Greenhalgh, illiam ., and Mark J. Yost. "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's arrant Clause." American Criminal Law Review 31.4 (1994): 1013-1098.
Joh, Elizabeth E. "The Paradox of Private Policing." Journal of Criminal Law and Criminology 95.1 (2004): 49+.
illiam . Greenhalgh, and Mark J. Yost, "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's arrant Clause,"…… [Read More]
It is interesting to note that members of Congress would introduce this bill every year for 41 years, with exactly the same wording, until it finally passed (Linder).
One big step in the process were the states in the West who allowed women to vote. In 1890, Wyoming joined the union, and women had been voting there for many years. It is also interesting to note that it was the Senator from a western state, California, who first introduced the bill in 1878 (Kobach). In 1912, Theodore oosevelt, running for the Bull Moose Party, included women's voting rights in his party platform, which brought more positive attention to the matter. oosevelt lost the election, but the idea of women's rights had become to seem less offensive to many, and so, in 1920 the measure finally became law.
Thousands of women worked throughout that time to help gain support and understanding…… [Read More]
First Amendment and Television
The subject of television and censorship has long been an issue of heated debates across the country.
The First Amendment to the United States Constitution states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. pp).
On June 8, 1789 James Madison introduced his version of the speech and press clauses in the House of Representatives, stating, "The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable" (Freedom pp). The special committee rewrote the language somewhat, adding other provisions from Madison's draft,…… [Read More]
Personhood Amendment in Mississippi
Judith Jarvis Thomson's essay "A Defense of Abortion" and the proposed Mississippi Constitutional Amendment
In Mississippi, a bill that advocated an extreme position on abortion rights was submitted to voters. It was ultimately rejected, despite the fact that Mississippi is a very conservative state. The constitutional amendment would have declared a fertilized human egg to be a legal person, not only equating abortion with murder under the law, but also making certain forms of birth control illegal (Eckholm 2011). It would have made using birth control, including IUDs and morning-after pills, which operate by detaching the fertilized embryo from the mother's womb, a legal for of murder.
Previous regulations of abortion placed restrictions upon when and where women could get abortions, or created parental consent laws. This amendment simply stated when life began: at fertilization. Even embryos in fertility clinics could be destroyed, according to the…… [Read More]
Th Amendment to the U.S. Constitution
"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." (13 Amendment, Article 1, "U.S. Constitution")
Abraham Lincoln's 1863 "Emancipation Proclamation" stated "that all person's held as slaves' within the rebellious states 'are, and henceforward shall be free.'" ("Featured Documents") Many claim that Lincoln's real motivation in freeing the slaves was to politically outmaneuver the south internationally; to make the war about slavery thus keeping the Europeans from supporting the South. However, Lincoln's support of, and the adoption of the 13th amendment in 1865, seems to prove this wrong; Lincoln's real motivation was the end of slavery in the United States. But Lincoln issued his "Emancipation Proclamation" in the middle of a war, using his emergency war powers, and it was limited…… [Read More]
Effective strategies after the 13th and 14th amendments
The 13th amendment to the constitution was widely welcome by many Americans and the world at large as it gave the surety of freedom from slavery in the legal standing of it. The most famous and important section of the Declaration of Independence read that "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable ights, that among these are Life, Liberty and the pursuit of Happiness." This was an assurance that the freedom of each person living in America would be guaranteed and that no person will live under the command or control of another person due to the race or color. Further, the 14th amendment came into place to entrench and ensure the equality among the Americans (Hole ., 2001). It was one of the…… [Read More]
First Amendment rights are not absolute, particularly in regards to advertising. For example, there has been a great deal of pressure to regulate advertising directed at children that promotes unhealthy junk food. "There is a legal test for judging whether commercial speech qualifies for protection under the First Amendment. Called the Central Hudson test, it says that such speech must be truthful and not 'actually or inherently misleading'" and it has been argued that much of commercial advertising targeting children takes advantage of a credulous consumer's inability to tell the difference between truth and fiction (Bittman, 2012, par.11). In this instance, however, the objections raised to our new advertising campaign are not targeted at children. Rather, the concern is merely that children may see inappropriate material, even if it is not intended that they purchase the product.
In the past, the U.S. Supreme Court has allowed censorship of certain types…… [Read More]
The government was triggered for the sake of the people. People had honor and dignity. each person was important, and the privacy and dignity of each had to be respected.
Given the ambitions of man and man's love for power, it is all too easy for man to rise to positions of power and dominate others. The Fourth Amendment is important in that it protects the honor and asserts the significance of even the 'least' individual in the country. In this way, the Fourth Amendment prevents the situation of a Fuhrer or Third Reich happening on this soil since certain safeguards are put into place that have to be kept at all costs.
Further indications of the importance of this Amendment can also be seen from the instance when Jentick, an Earl of Camden, was indicted for attacking both government polices and the monarch. His private papers were ruffled and…… [Read More]
In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding all subjects to assist in these endeavors. he writs once issued remained in force throughout the lifetime of the sovereign and six months thereafter. When, upon the death of George II in 1760, the authorities were required to obtain the issuance of new writs, James Otis, who attacked such writs on libertarian grounds and who asserted the invalidity of the authorizing statutes because they conflicted with English constitutionalism, led opposition. Otis lost and the writs were issued and utilized, but his arguments were much cited in the colonies not only on the immediate subject but also with regard to judicial review.
he language of the provision which became the Fourth…… [Read More]
Fourth Amendment and Court Jurisdiction
Based on the Fourth Amendment to the U.S. Constitution citizens have a right to 'be secure in their persons'. eferring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Stevens, dissenting LectLaw, 2011). The definition implies that people cannot be detained or intruded upon by police or other law enforcement without a reasonable cause. It is a protection to acknowledge a citizen's rights under a higher authority or power that they must submit to. The Constitutional intent may be at odds with law enforcement because it protects the people by prohibiting the law to intrude even if the person(s) is a known criminal unless there is a reason (Wolfish, 441 U.S. At 595 Stevens, dissenting Lect Law, 2011).
For law enforcement to seize or detain a citizen there must be a reasonable cause. There are many court cases that have precedent…… [Read More]
It would also be highly recommended that there are designated buffer zones between the convention and any designated First Amendment Zones. Additionally, these zones must be away from any other public areas. If they are too close to public areas, like malls, they may inadvertently disrupt the flow of the public and endanger passersby.
There are also recommendations for general policy of the possible disruption of protest groups at the DNC event. If officers were to commence in disrupting the protest groups, it would be absolutely necessary to show they were acting in accordance with the misdemeanor violation of Section 870.02 in the 2002 Florida Statutes. Essentially, this would mean that officers would have to prove more than three individuals were acting in a way to disturb the peace, rather than to peacefully assemble. It is true, "no actual breach of peace needs to take place" (Unlawful Assembly Dispersal Order).…… [Read More]
10th Amendment or the Supremacy Clause should be stricken down, it is important to define what each is. The 10th amendment is "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" (Mcpherson, 2009, p. 254). The Supremacy Clause is "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land" (Dixon, Mccorquodale, Williams, & Mccorquodale, 2011, p. 127). In addition, the Judges within each State must be bound thus, any Thing in the Laws/Constitution of any State to the opposing all the same. When seeing how these two laws work not in conflict of each other, but together, it can be hard…… [Read More]
2nd Amendment to U.S. Constitution
Laws regarding the use and safety of weapons in the United States date back to
1837, when Georgia's ban on handguns was ruled unconstitutional. Subsequent legislation has been scrutinized by courts -- including the High Court -- and in numerous cases the rulings have supported a citizens' right to keep and bear arms except in certain cases. In District of Columbia v. Heller, the last decision offered
by the Supreme Court in 2007, a law banning handguns was struck down based
on the Second Amendment. How this ruling will ultimately affect states and local governments remains to be seen, but this paper carefully reviews opinions from the majority and minority on the Court. This paper also presents what the Court considers enumerated rights and how the gun lobby might be impacted by the ruling -- as well as those advocating for gun safety. Scholarly, peer-reviewed…… [Read More]
Sixth Amendment right to counsel applies to everyone, but it can be difficult to ensure that it is correctly applied to defendants with disabilities. That has led to major problems, and has been addressed by several cases, including Faretta v. California (1975), McKaskle v. Wiggins (1984), Godinez v. Moran (1993), and Indiana v. Edwards (2008). These cases showcased the issue that the standard for competency to stand trial was linked to the standard for competency to represent oneself. While that seems to make perfect sense, it is actually quite harmful to people who have disabilities, because they may not be able to correctly represent themselves and cannot always be held to the same standards that would be seen with people who do not suffer from any kind of disability. The right to counsel is highly important, because not having counsel can make it very difficult for a defendant to assert…… [Read More]
The Sixth Amendment to the U.S. Constitution offers a set of protections from a potentially overbearing criminal justice system. The amendment reads as:
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 defense[footnoteRef:1]. [1: (Cornell University Law School)]
The law protects individuals from allegations of criminal conduct that are false by providing them a public trial by their peers.
The concept of a jury trial is not a new phenomenon and has its roots that date back to…… [Read More]
4th Amendment's evolution and history, together with the "search and seizure" law.
4th Amendment Background
People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should be seized, under the 4th Amendment. Like most fields in U.S. law, the English common law forms the principal basis of the 4th Amendment. Broadly, it was created for limiting governmental powers and their capacity of enforcing legal actions upon citizens (4th Amendment - constitution -- Laws.com). Amendment IV was implemented in immediate reaction to the historical writ of assistance's abuse. This writ was a sort of general governmental search warrant employed in the American evolution's era. Amendment IV…… [Read More]
Enactment of Amendment XIX and its contribution to the achievement of equal female rights
The enactment of the 19th amendment empowered women on many fronts. They were allowed to vote and consequently seized the opportunity to influence political decisions. The enactment saw the legalization of contraception and even abortion. There was economic empowerment too in the process. The more common availability of reproductive services and education doors increasingly opening up, more women enrolled in education institutions sought higher education. These developments also ushered in an era in which women began to occupy sensitive professional positions in the society. The amendment aimed at giving hope to all women. African-American women sought to link suffrage to race and gender across the country; so as to make sure that the benefits were not just paper-based policies, but practical processes for actual empowerment. Indeed, the African-American women believed that taking part in…… [Read More]
First Amendment including kind cases
The First Amendment is imbued with a degree of preeminence that supersedes virtually all other amendments of the United States Constitution, largely because it was the first of many. As such, its importance to the country and to protecting the rights of its citizens is largely self evident. Perhaps one of the most cogent testimonies to this fact is the numerous times this amendment has been cited in litigation enacted in this country. These many cases allude to the notion that the rights guaranteed by the First Amendment, which are stratified in accordance to religion, freedom of speech, and lawful, peaceable assemblage, are vital to some of the most fundamental principles upon which the country was founded. An examination of the most salient of these court cases, as well as of the various components of this amendment, largely indicates the veracity of the preceding statements.…… [Read More]
The doctrine of incorporation was traced to the Quincy ailroad vs. City of Chicago (1897) where the Supreme Court required state to offer compensation to the property appropriated by either the local government or state government. In the Gitlow v. New York (1925), the court also expressly held States to protect the freedom of speech. Since 1920s, the Court has been steadily incorporating a significant part of the Bill of ights.
The First Amendment is one of the basic provisions of Bill of ights, which is the backbone of American liberty that guarantees freedom of press, speech, religion, and petition. While some provisions of the First Amendment have been selectively incorporated into the Bill of ights, however, some provisions have still faced challenges in selectively incorporated. The doctrine of selective incorporation has led to a long lasting debate in the United States revealing whether the Bill of ights…… [Read More]
An extensive period in US history has witnessed specific segments of the nation's population (such as females, Blacks, etc.) deprived of voting rights. The female suffrage movement or struggle for winning voting rights for females continued throughout the major part of the 1800s and into the early 1900s[footnoteRef:1]. While a few states allowed female participation in elections, both as contesters and voters, before the 19th Amendment's enforcement, its ratification on 18th August, 1920 ensured voting rights were extended to every woman in America[footnoteRef:2]. Ever since its ratification, US society has universally acknowledged female voting rights. [1: William W. Hodes, "Women and the Constitution" Rutgers L. Rev. 25 (1970): 26.] [2: Carol Lynn Yellin, "COUNTDOWN IN TENNESSEE" American Heritage 30, no. 1 (1978): 12.]
The American Constitution's Nineteenth Amendment accords an equal right to both males and females to vote. It asserts that the federal and state governments shall not…… [Read More]