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America is one of the many countries in the world where capital punishment is still practiced. This is of course quite ironic as Bill of ights was largely designed to safeguard human rights but taking somebody's life forcefully is no way serving human rights and in order to maintain human dignity there is need to revoke the capital punishment altogether and this must be assured in the constitution just as done by all the countries of European Union. For this very purpose the amendment eighth could be made complete by stating that no cruel and unusual punishment including death sentence for the guilty.
Amendment IX: 
The assigning of numbers to rights in constitution does not any way suggest the undermining or denying of other rights held by the people.
Amendment X:  if the constitution does not give a certain right to the government and also does not forbid…… [Read More]
The thirteenth amendment was a very important one, as it formally ended slavery in the United States. (House, 2012) the Emancipation Proclamation was only based on President Lincoln's war powers during the Civil ar, and therefore the thirteenth Amendment was passed to solidify the end of slavery. (History, 2012) the fourteenth amendment guaranteed all Americans the right to representation and protection under the law, as well as prohibiting state and local governments from having any unfavorable action against any citizen regardless of race. The fifteenth amendment guaranteed the right to vote to any eligible man, regardless of race, color, or previous condition of servitude.
The process for amending the Constitution is incredibly difficult. It requires a two-thirds supermajority vote in both the House of Representatives, and the Senate. A vote passed like this does not require the signature of the President, and is passed directly to the States. To ratify…… [Read More]
Bill of ights and Today's Criminal Justice System
The administration of justice and security in America is based upon Constitutional powers, originally drafted in the Bill of ights. While the Constitution has been amended several times since its inception, its laws still stand and have been defined by courts in landmark cases that have decided how particular amendments may be interpreted. In the light of these cases and the Constitution itself, federal, state and local law enforcement agencies face various challenges in the pursuit of their objectives. This paper will analyze five amendments to the U.S. Constitution, show the relationship between these amendments and the administration of justice and security, and compare and evaluate the various areas of the criminal justice system and security.
Briefly stated, the First Amendment forbids Congress from restricting Americans the right to establish and exercise their religion of choice, to exercise their free speech…… [Read More]
These amendments are strings of thoughts and beliefs made possible through enactment, and a new period in history is chronicled once again.
Take as an example the First Amendment to the Constitution. This amendment directly concerns the Bill of Rights, which states that: "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." This amendment justifies what the Constitution, specifically the Bill of Rights, is for: by realizing the rights that we have, we learn to value them, and assume great care and responsibility in ensuring that these rights are not curtailed.
Basically, the Bill of Rights gives value and importance to human society in general. The recognition of an individual's rights is actually a…… [Read More]
Right to Privacy
The Bill of Rights vs. The Constitution and the Right to Privacy in the United States
There are few documents in the world that are as unique and as important as the United States Constitution. This particular document is a fantastic compilation of laws that have survived decades, and centuries, with few additions. The U.S. Constitution, for this reason, is the supreme law of the land, and all must abide by it. However, the U.S. Constitution is not complete. That is, it is incomplete without amendments. The reason that the U.S. constitution is so strong and so all encompassing is because of the amendments to the constitution, which provide important rights, such as the right to free speech, the freedom of religion and the right to privacy. This paper will discuss how the right to privacy is regarded both by the Constitution and the Bill of Rights,…… [Read More]
bill of rights in Australia.
Australia must implement the bill of rights since the existing system is ill-equipped to meet the needs and demands of a modern democratic society
The constitution of a country dictates the manner in which the executive powers operate within the legal framework of that country. It provides a guideline for effective governance and also lays down the framework on which successive governments base their policies and decisions. It is therefore very important that the constitution serve as a reference point for drafting new rules and regulations that affect the country from time to time.
Often there are instances when the short-term interests or the passing trends of the changing society come into conflict with the constitution and its laws. It is often seen that radical elements within the society, without prejudice to the propriety of their cause, often demand reworking the constitution to suit their…… [Read More]
It was in 1920 that the final victory came for the entire women's right movement, with the ratification of the 19th Amendment to the Constitution. Referring strictly to women's suffrage, the amendment stipulated that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any States on account of sex." It was one of the 16 amendments made to the original ten amendments that formed the ill of Rights.
The right to vote was the first and fundamental civil right that women gained in the United States. On the other hand, as many were keen to point out, "45 years later, they are still struggling to secure their right to privacy and reproductive freedom." This is quite true, if we consider the fact that, until the 60s, abortion was still illegal. Given the fact that only the discovery…… [Read More]
They were required to subscribe to the religious views of the Church of England, and in very recent history at that time, faced torture, long-term imprisonment in dungeons, and death by various gruesome means for demanding religious autonomy. Furthermore, under British rule, citizens could have their homes invaded by troops at virtually any time and their possessions and papers seized and confiscated without cause or justification, merely on suspicion of wrongdoing. Citizens accused of criminal acts could be arrested and imprisoned without cause and coerced to confess, even falsely, simply to avoid the brutal consequences of continuing to argue their innocence of the stated charges.
Naturally, those experiences were fresh in the minds of the Colonists at the time that they envisioned an independent nation. In principle, they set out to create a new society that was devoid of what they believed were the worst intrusions and excesses of the…… [Read More]
The other aspect of Fourteenth Amendment protections that is most relevant to the modern administration of justice in the age of global terrorism and national security concerns is the right to equal protection under the laws of both federal and state authority.
That concept paved the way for the entire evolution of civil rights in the second half of the 20th century (Dershowitz, 2002). Without it, police and government authorities could conceivably establish different rules for individuals based on their race, ethnicity, and country of origin. In that respect, the Fourteenth Amendment is arguably one of the single most important provisions of the U.S. Constitution, particularly because it was the judicial mechanism through which the Supreme Court first began applying its decisions raised in federal cases to govern state law enforcement authorities and ensure that all U.S.
citizens received equal treatment under the law regardless of which of the fifty…… [Read More]
Public school administrators may in some cases deny recognition to student organizations, such as if the organization would actually and not theoretically cause disruption or if the organization would have been deemed illegal in any other way (Kaplan & Lee 515).
g. hate speech codes
No case involving hate speech specifically on school campuses has reached the Supreme Court (Kaplan & Lee 2007 p. 493). However, case law informs how hate speech is dealt with on campus to provide the balance between freedom of speech protection and the protection against violence or discrimination on campus. Hate speech has been defined by its being inherently humiliating and derogatory and not communicative or educational in any way (Kaplan & Lee 493). Vagueness and broadness of campus free expression rules have been deemed problematic, and campuses generally must define the parameters of hate speech. Certain "nonspeech" expressions such as overt intimidation or true…… [Read More]
" Thus it is not easy to maintain a proper line dividing judges and jury and problems occur frequently. Especially on occasion of cases involving the Federal Employers' Liability Act, jury often comes under attack as it is felt that these cases should be decided by judges. One major fear is that in such cases, "anything that a jury says goes, with the consequences that all meaningful judicial supervision over jury verdicts in such cases has been put at an end.... If so,... The time has come when the ourt should frankly say so. If not, then the ourt should at least give expression to the standards by which the lower courts are to be guided in these cases."
The last part of the article that deals with re-examination of facts found by jury is also worth further explanation. Re-examination or review clause is not restricted to federal courts only…… [Read More]
Bill of ights
Two of the most renowned authors in American history, Amar and Levy attempt to rejuvenate Bill of ights, by interpreting its usage for this century. While one takes a liberal view of the Bill, the other takes a very detailed interpretation of the connotation of the law prevalent at the time. Leonard W. Levy in his Origins of the Bill of ights argues that the Bill of ights is not only a militarized document but also it is also a document for the purpose of the ruling class. On the other hand Akhil eed Amar in his The Bill of ights argues that the rights of the individuals is incorporated in the Bill but it needs further interpretation for proper application.
The United States' Bill of ights is not only an ambiguous document but its interpretation has not generated the kind of application it needs in today's…… [Read More]
In this vein, the EU judges in Strasbourg will be much more likely to respect guidelines that are set out in UK
courts and legislation. The European Court would, with the introduction of a British
Bill of Rights likely give greater leeway to British judges. The repealing of the Human Rights of 18 would limit the influence of British judges over the interpretation of pertinent legislation by enshrining the central features of the Act that reflect the English common law. At the very least, if
British judges feel that acts of Parliament are wholly incompatible with the European
Convention or with EU law.
To be effective as a complete solution to the problems which we have identified above a British Bill of Rights also would need to be accompanied by reforms which reinstate the British
Parliament's role as the sovereign authority over the whole legislative process. This would not be…… [Read More]
This is achieved by forcing them to maintain a list of individuals who do not wish to be conducted about purchasing a variety of products and services. Furthermore, these protections were enacted to ensure that businesses are not engaging in tactics that are abusive by limiting the times when they can call and what they can say. (Caudill, 2000)
In contrast with the Consumer Privacy Bill of ights, the proposed regulations are designed to enhance protections. This is occurring over the Internet vs. On the telephone. These differences are showing how there is a loop hole in existing regulations as to how these laws are applied. The new guidelines are building upon the provisions from the Telephone Consumer Protections Act of 1991 by establishing procedures as to the way confidential information is used and collected from firms. This is occurring is through placing limits on an organization's online activities. ("Consumer…… [Read More]
Australian Bill of Rights
Maintaining a feasible balance between free will and government control is a constant and historic ideal that has driven the evolution of society for thousands of years. Law has been self imposed on mankind in order to regulate unwanted behavior and streamline acceptable and appropriate lines of acceptable living. Morals, ethics and personal preferences from all segments of society should be accurately represented to design a comprehensive and ultimately fair and balanced code of conduct. hile the struggle to make sense of this seemingly perpetual argument seems to evade modern civilization, Australia's current constitutional debate is worthy of discussion.
The purpose of this essay is to evaluate both the arguments for and against Australia adopting a Bill of Rights to be included in their national constitution. I will present several arguments profiling the possible outcomes of following the status quo or implementing a new federal policy…… [Read More]
Should Australia Have a Bill of ights?
Back between 1992 and 1994 in Australia, the Human ights and Equal Opportunity Commission together with the Australian National University (ANU) which was a center for Public Law made a publication that contained volumes of essays explaining the desirability for a Bill of ights. The survey conducted by ANU reported that over 70% of the Australians where for a Bill of rights. 8% of the citizens were against a Bill of ights, and 22% could not decide on the issue. On asking whether they wanted a referendum to assist in the determination of the adoption of a Bill of ights, over 85% of Australians supported necessity for a referendum. Their argument was that integrating a Bill of ights and implementing it to the latter, could ensure a strong national identity for Australians. The statistics explain how much the citizens of Australia…… [Read More]
Australia Have a Bill of ights?
Australia is the last remaining Common Law country without a Bill or ights or Human ights Bill. It is important to note that the Australian variant of liberalism differs from the Anglo-American model in two important ways. First, the establishment of Australia as a series of British colonies under authoritarian governors and the absence of any political revolution has meant a lesser stress on the idea of individual rights vs. The state. There has been no one in Australian history to shout 'Give me liberty or give me death', no real pressure to incorporate a Bill of ights into our Constitution (owse, 1978).
Second, these factors combined with the problems of economic development in Australia and the generally inhospitable nature of the land, a staple theme of Australian literature, has meant an absence of any real laissez-faire tradition. 'Socialism' may be abhorred in the…… [Read More]
The bill succeeded in eliminating the religious, ethnic, and anti-Semitic prejudices, especially on campus. As a result, black people from the war came back feeling and walking like free men as the legislation broke down these prejudices. ather than taking advantage of the bill as members of a specific group, blacks capitalized on the advantages of this legislation in a similar manner like whites. Moreover, it was after the enactment of this bill that black people were given the opportunity to go to college for the first time in their history. This contributed to huge admissions of blacks in colleges and universities that were accompanied by their exceptional academic performance.
Following the removal of racial and ethnic discrimination, the GI Bill of ights contributed to the development of a new social climate. The changing social climate not only transformed the perspectives of people towards each other but it also enabled…… [Read More]
Anti-Federalist & ill of Rights
The Anti-federalist vs. Federalist argument is one of the most heated political debates the United States has ever seen. Though the length of the actual debate was relatively short, lasting from October of 1787, when the final version of the constitution was approved by the first congressional convention to June of 1788 when Virginia was the first to ratify the constitution of the United States. The concepts ideas and standards that were set forth by both the anti-federalists and the federalists as well as other more moderate politicians are expressed throughout the foundational documentation of the United States.
Most notably the ill of Rights, or the first ten amendments of the United States Constitution are a reflective example of the compromises and victories of both sides but this can be seen elsewhere in the foundational documentation as well. Knowing this and being able to demonstrate…… [Read More]
authors discussing the Bill of Rights. The authors are Irving Brant and Michael J. Kryzanek, both experts in the field of political science.
The Bill of Rights did not exist when the Constitution was first written; it was a series of amendments proposed by James Madison in 1789. It now stands as the first ten amendments to the Constitution. "The Bill of Rights was ratified by the states on December 15, 1791, but the first two amendments were voted down. Failed Amendment One would have required that at least one representative be allocated in Congress for every 50,000 citizens. At that rate, Congress today would have 5,000 members. Failed Amendment Two would have required that no salary raise for members of Congress could take effect until after the next election of Congress. This proposal eventually became the Twenty-seventh Amendment"
Author Michael J. Kryzanek says it is "the most…… [Read More]
Universal Declaration and Bill of Rights
Universal Declaration of Human Rights, the UN Charter and U.S. Bill of Rights: A Discussion
Throughout our history, leaders have published documents that delineate acceptable behavior for the people they govern. These writs include the original Bill of Rights, which stands as the basis for our democratic government, the Universal Declaration of Human Rights, and the UN Charter. These documents form the basis from which law officials draw upon knowledge in order to prosecute or condone acceptable behavior. It is imperative to understand how they work together, and the significance of each in our times.
The original ten articles of the Bill of Rights were passed and ratified in the late 1700's. They identified the basic freedoms and inalienable rights belonging to each individual. The amendments that followed developed as needs of the times proved that they were necessary, and limits to the original…… [Read More]
ight to Privacy
Being a citizen of the United States comes with many benefits in comparison to citizenship in other countries. Through the U.S. Constitution and the Bill of ights we are granted certain rights -- the right to free speech, freedom of religion, freedom of the press, and freedom of assembly -- just to name a few. However, despite the 27 amendments the Bill of ights that guarantee American protections and liberties, there is no explicit law that guarantees protection to a citizen's right to privacy (Davis, 2009). It is more of an assumed protection, although most Americans do not realize it.
In 1928, Associate Supreme Court Justice Louis Brandeis referred to the right to privacy as the "right to be left alone" (De Bruin, 2010). This assertion is often supported with a citation of the 14th amendment which states: "No State shall make or enforce any law which…… [Read More]
ights of the Accused
The Due Process Clause is considered as one of the most important legal principles and controversial provisions in the U.S. Constitution. While the emergence of due process can be traced from the English common law tradition, the long and twisting history of due process usually leaves scholars puzzled and students confused. The controversy surrounding due process is mainly attributed to the Supreme Court's use of the clause in the Fourth Amendment for many of the Bill of ights provisions to states through the incorporation process. During the colonial years and period towards the adoption of the Constitution, the meaning of due process was basically stated on the basis of notification and fair hearing. As a result, the due process clauses in the state organic laws were understood to relate to process instead of matters of substance. Currently, despite of these controversies, due process is mainly used…… [Read More]
Bill of ights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. Since these Amendments were first adopted by the ratifying states the courts have interpreted the intent of each and created rules that attempt to keep the government from running roughshod over these rights. In 1944, the Federal ules of Criminal Procedures were generated by the Supreme Court and Congress turned them into law (LII, 2010).
One of the most important rights is to be free from unreasonable searches and seizures under the Fourth Amendment (LII, 2010). A warrant issued by a magistrate or judge is typically required before a police officer can enter a private citizen's residence or other property and conduct a search. In addition, the focus…… [Read More]
ights and esponsibilities
How do the rights and responsibilities of patients differ from the rights and responsibilities of employees? How are they similar?
Until recently, patient responsibilities were seldom directly 'spelled out' in the American healthcare system. This changed with the passage of HIPAA in 1996. HIPPA "sets forth policies and standards for how patient information, including doctors' notes, medical test results, lab reports, and billing information may be shared" (Torrey, 2012, HIPPA). It gives patients the right to access their information and demands that patient data be treated in a secure fashion. Also under the law, patients have a right to informed consent over the procedures they undergo, so that they or a designated caregiver can make decisions about what they perceive to be their best interests. Ultimately, the healthcare system must serve the needs of patients, not physicians and other healthcare employees. That is why patients must give…… [Read More]
On this matter, House Democratic Leader Nancy Pelosi stated, "Congressional leaders have no business substituting their judgment for that of multiple state courts that have extensively considered the issues in this intensely personal family matter." (Euthansia and Terri Schiavo b). Federal Judge James Whittemore heard the Schiavo case and ruled on March 22, 2005 that the Schindlers had not established a "substantial likelihood of success" at trial and refused to order the reinsertion of Terri Schiavo's feeding tube. Two days later, the United States Supreme Court would deny the Schindler's request to hear the case. Terri died on March 31, 2005.
This paper has presented only the most noted court rulings and proceedings regarding the Schiavo case. "Nineteen different judges at various times considered the Schindler's request on appeal in six state courts. All have sided with Michael Schiavo" (Euthanasia and Terri Schiavo b). In the absence of a living…… [Read More]
Unfortunately, those not exercising this "right," that is the traditional two-parent families bear the brunt of these phenomena. Their incomes are heavily taxed to bear the burden of the "rights" of those who are passing the bill on without paying their fair share.
This brings up what Mr. Lloyd calls the other "R"-responsibility. The emphasis upon rights has impoverished the social discourse. For rights to be meaningful and workable, they have to have a context or framework to exist in. This is where responsibility comes in. hat differentiates Mr. Lloyd from other authorities is that he deepens the definition of responsibilities beyond simply recognizing and protecting other people's "rights." He is reaching for the stuff that holds countries together, that is the type of responsibility that builds communities. For this reason, advocates a return to the biblical heritage upon which British and American constitutional concepts rest (Lloyd, 2008).
J.B. illiams…… [Read More]
Fact sheet on end-of-life care. American Psychological Association. http://www.apa.org/pi/eol/factsheet1.pdf
Fact sheet on end-of-life care, published by the American Psychological Association discusses the adult's mental health needs near the end of life and the obstacles they confront to having a comfortable death.
Foley, K.M., (1995). Pain, Physician assisted dying and euthanasia. Pain 4, 163-178.
Foley discusses how access to and delivery of pain treatment are seriously deficient in the present health care systems in the United States. The author advocates expanding services and resources to care for the dying patient.
Isaacs, S.L. And Knickman, J.R (1997). To improve health and health care. San Francisco, CA: Jossey ass.
Isaacs and Knickman examine programs of the Robert Wood Johnson Foundation, a health care philanthropy. They reports its history, evaluates its effect, and discusses lessons learned as well as provide a frank discussion of why some problems can't be easily solved.
Langer, G. (2003,…… [Read More]
Right to Die
For the last few decades, the issue of a person's right to choose the time and method of his or her own death has been one of passionate debate in the United States, with emotions running high on both sides of the controversy as the meanings of liberty and freedom of choice, the morality of taking one's own life, the ethics of people involved in such actions, and the laws related to this issue take center stage in the arguments.
Since civilization began, suicide has existed in one form or another, with varying degrees of acceptance, such as the ancient Greeks who held tribunals for elderly people who requested to die, and if approved, were given hemlock and during the first century B.C. actually held annual banquets where the elderly were allowed to attend and drink poison if they felt they had lived long enough.
Moreover, "traditional…… [Read More]
Also, the search warrant must specify exactly what evidence the police are seeking. At times, a search warrant is not required, for if an officer observes a crime being committed, he/she has the right to arrest or apprehend the culprits. However, if a search warrant specifies what evidence is being sought during a search and other evidence is found concerning another crime, such evidence cannot be used in court.
The Sixth Amendment guarantees that an accused person will be treated fairly and justly by the officers that make the arrest and by the courts that hear the accuser's case. As to jury trials, three rules must be followed -- first, the jury must be made up of twelve members; second, the trial must be supervised by a judge with the authority to instruct the jurors, and third, the verdict of the jurors must be unanimous. However, prior to 1968, states…… [Read More]
"The Research Supplemental Poverty Measure: 2011" Census.gov (2012): 32, internet, 26 Jun. 2013. Available: http://www.census.gov/prod/2012pubs/p60-244.pdf.]
With so many residents facing homelessness, it seems imperative to understand the cost of not implementing the hygiene centers through the local public health departments. When researchers examined the hospitalization rates of homeless persons in Honolulu, Hawaii, they found that hospitalizations in acute-care hospitals occurred at a rate 5.6-fold above the average for state residents.[footnoteRef:6] for psychiatric hospitals, it was 131-fold higher. The estimated cost of the excess hospitalization for the 1,751 homeless persons studied was close to $3.5 million in 1992 dollars. In 2010 dollars,[footnoteRef:7] this would amount to about $4.9 million. Based on a homeless population of 136,000 to 750,000 for the State of California, the excess medical costs associated with homelessness could be somewhere between $381 million and $2.1 billion dollars per year. [6: Jon V. Martell et al., "Hospitalization in an…… [Read More]
Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit.
In the Case of Miranda v. rizona 384 U.S. 436 (1966), the Court ruled that a defendant's admission was only admissible provided he had been properly advised of his right to counsel and of his right to remain silent, and if he waived these rights, the waiver had to be voluntary and knowingly. This case involved a burglary suspected who admitted to rape and kidnapping while in police custody. The defendant, Ernesto Miranda was sentenced to concurrent 20-30-year sentences for the two crimes he confessed to.
The U.S. Supreme Court ruled that due to the coercive nature of questioning by the police involved, there is no…… [Read More]
" ("The Second Amendment," the Brady Campaign, 2006) Note how pro-gun activists conveniently omit the words referring to a well-regulated militia in their defense of carte blanche access to firearms. hen the U.S. Constitution was adopted, each of the states had its own military force comprised of part-time soldiers, and the militia was 'well-regulated' in the sense that its members were subject to various requirements such as training and engaging military exercises away from home. "It was a form of compulsory military service intended to protect the fledgling nation from outside forces and from internal rebellions," and every soldier was allowed to use his or her own firearms in the service of the United States as a member of the military ("The Second Amendment," the Brady Campaign, 2006)
To arm and train the military was the true intent of the Second Amendment, not that every person without military training should…… [Read More]
eber and Spencer took this further and say the need for government control over some aspects of society, but not those that removed decisions and rights from the individual. Thus, as adults and citizens the government should offer structure and guidance in a manner that is consistent with the social goals of the Enlightenment; namely allowing actualization without overly reducing individual decisions and actualization.
Aristotle. Nichomaecean Ethics. New York: Nuvision Publications, 2007. Print.
Barry, B. hy Social Justice Matters. Malden, MA: Polity Press, 2005. Print.
Bayer, R., ed. Public Health Ethics. New York: Oxford University Press, 2007. Print.
Constitutional Rights Foundation. "Plato and Aristotle on Tyranny and the Rule of Law." Fall 2010. crf-usa.org. eb. April 2013. .
Gay, P. The Enlightenment - the Science of Freedom. New York: .. Norton, 1996.
Porter, R. The Enlightenment. New York: Palgrave-MacMillan, 2001.
Sharma, C. "Beyond Gaps and Imbalances." Public Administration…… [Read More]
Although America's founding documents declared unequivocally "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," the signing of the Declaration of Independence did nothing more to end the debate over rights, power, and liberty than did the discourses of Immanuel Kant, Thomas Hobbes, and John Locke. The notion of inalienable rights is rooted in Hobbesian theory, after Hobbes wrote in his Leviathan that "to use his own power, as he will himself, for the preservation of his own Nature; that is to say, of his own Life; and consequently, of doing anything, which in his own judgment, and eason, he shall conceive to be the (most) apt means thereunto," thus offering philosophy's most basic elucidation of the concept of inalienable rights. Western philosophy has always focused the attention of…… [Read More]
IGHTS VS. NATIONAL LAWS
National laws formulated and implemented by the federal government have often been criticized for their centralizing effect and for restraining/restricting the power of state laws. In a republican form of government, state laws have enormous significance as this form of government allows "people . . . To pass their own laws in virtue of the legislative power reposed in representative bodies, whose legitimate acts may be said to be those of the people themselves."  Deborah Merritt, Ohio State University law professor, has often been cited in Court rulings for her discussion of relationship between federal and state laws. Merritt notes that "since at least the eighteenth century, political thinkers have stressed that republican government is one in which the people control their rulers." .
United States is a prime example of this form of government since the Constitution allows states to make its own local…… [Read More]
Assembly ill 2403
The bill in cause comes to address one of the fundamental rights of a human being, the right of a person to privacy. In the context of the ever-growing aggressive paparazzi, who, under the justification that certain persons can be deemed and categorized as "public persons," find it just to spy, film and take pictures of celebrities, movie stars or politicians, this bill comes exactly at the right time and intends to cover the entire issue in question. Obviously, throughout the world, the tragic death of Princess Diana in 1997, followed towards her death by a herd of paparazzi on scooters, trying to sneak away a picture of the Princess and Dodi Al Fayed, was a direct cause of state legislators trying to fully cover the issue of privacy.
Perhaps before we address the bill in question, we need to briefly discuss the notion of privacy, as…… [Read More]
POB signifies. POB stands for Police Officer's Bill of ights. This bill, sponsored in the 1971 to 1972 session by late Congressman Mario Biaggi, was a bill that had the support at first, of over 121 cosponsors. A bill that kept the safety of police officers in mind while also providing them with occupational rights, the bill came from a source of concern by Biaggi who himself was a former police officer shot ten times while on duty (Page, 2013).
Although the bill received great support, it took twenty years until it was sent to the Senate floor where it passed by an 8-point margin of 55 to 43 (Schmidt, 2005). It was not until 1995 it would be sponsored by both the Senate and the House. The current name for the POB bills are "State and Local Law Enforcement Discipline, Accountability, and Due Process Act. The POB bills have…… [Read More]
The United States Supreme Court ruled in favor of Illinois and argued that the Fourteenth Amendment was designed to protect against race discrimination only…" Gibson, 2007, Background to Muller v. Oregon section ¶ 1). The Court ruled that the Fourteenth Amendment did not include the protection of women's rights.
The following depicts Justice Bradley's concurring opinion regarding Bradwell's
Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.... The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law…… [Read More]
Articles 6 to 15 of the International Covenant on Economic, Social and Cultural ights recognize the rights of people to work under decent conditions, join and form trade unions, collect social security, and enjoy a decent standard of living (Office for the High Commission of Human ights, 1996). International laws also aim to provide protection and assistance for the family, especially mothers, children and young people.
Further, articles 6 to 27 of the International Covenant on Civil and Political ights protect the right to life and prohibit torture or to cruel, inhuman or degrading treatment or punishment (Office for the High Commission of Human ights, 1996). In addition, they hold that no one is to be subjected to arbitrary arrest or detention and that all persons have the right to be treated with humanity. The provides for the establishment of a Human ights Committee responsible for supervising implementation of…… [Read More]
A Patient's Rights
There are a number of lists to go by when it comes to the patient's "Bill of Rights," including a patient's rights under the Affordable Care Act. In the American Cancer Society "Patient's Bill of Rights" it begins with the right every patient has to "…accurate and easily-understood information about your health plan, health care professionals, and health care facilities' (www.cancer.org). Of course a patient also has the right to choose health care providers and when it comes to emergency services, a patient has a right to be "…screened and stabilized using emergency services" when injured or seriously ill; so that when one's health is in jeopardy, access to emergency services can be a vital and stabilizing experience (www.cancer.org).
A patient also has the right to be part of decisions regarding what treatment is appropriate, and a patient has a right to be respected and treated…… [Read More]
The idea of remaining silent when faced with accusation has historical religious and legal roots. Moses teachings', transformed to written form by the ancient Talmudic law had a complete ban on self-incrimination. The self-incrimination law could not be changed because it was viewed to contravene the natural instinct for survival. The ancient common law rule also had it that confusions must be voluntary. When the right to remain silent was included in the Fifth Amendment of the U.S. constitution, it was tied to a complicated and controversial history. The Supreme Court has applied three tenets in the constitution to evolve rules that govern police interrogation and the confession process. These three include the Sixth Amendment on the Right to Counsel, the Fourteenth Amendment clause on due process and the Fifth Amendment on Self-incrimination clauses. Each of these provisions has led the police to handle interrogation and confessions in varying ways…… [Read More]
passing of the civil rights protection of homosexuals. This paper presents the views and reasons of the people who oppose the passing of this act. This paper then demonstrates the importance of the passing of this act and how it would benefit the society at large. The paper also highlights certain quotes to support its claim.
Civil Rights Protection of Homosexuals Human beings claim to represent a society that is not only civilized but also just in its ways. hen we as humans can fight for animal's rights, than we can certainly work for the civil rights protection of the homosexuals, who still belong to the category of human beings. Discrimination on the basis of race, class and sexual orientation must be eliminated as much as possible. Man, a creature of God has not been given the liberty to judge between right and wrong. As the bible has said, "There…… [Read More]
(Deuteronomy 22:28-29). hile these Biblical endorsements of unequal treatment may seem historical and antiquated to a modern, estern audience, the fact is that many parts of the world still treat women in a similar fashion, so that the Bible would be useless in helping to determine a standard of human rights for women.
In addition, many human rights activists believe that the death penalty is a de facto violation of human rights, regardless of the guilt or innocence of the person to be executed and the nature of the crime committed by that person. However, the Bible clearly endorses the application of the death penalty. Moreover, the Bible endorses the use of the death penalty in areas where most of the modern world has determined its use to be inappropriate. Amaziah executed his father's assassins, and the Bible described him as doing "what was right in the eyes of the…… [Read More]
protection of personal rights. For instance, in the case of the U.S. Supreme Court on Griswold V. Connecticut, married couples should have the rights to privacy when it comes to birth control.
PROTECTING THE RIGHTS TO PRIVACY
Imagine the state telling people how many children they can have, what birth control methods they can use, and blasting the personal information of individuals on the television, computer, radio and etc. Personal information about what diseases, medical health, salaries, how many times an individual has been married, how many divorces, and other personal rights should be protected by the Fourth and Fifth Amendments. Should the state laws have the ability to give personal information to others? Should companies or individuals have the right to get personal information about a person off the computers? hat should individuals do to keep their privacy?
In Connecticut, it is a crime for a person to use…… [Read More]
Civil rights can be delineated as the very basic and fundamental rights to be free from unequal treatment, on the basis of particular attributes that are considered important, for instance gender, race, and also disability. The Bill of Rights protects all citizens of the nation against the infringement of their rights and liberties by any entity and even the state, as it is assured in the Constitution. One of the key civil rights discussed and debated in the United States in the present day encompasses the rights of the lesbian, gay, bisexual, transgender, queer or questioning community (LGBTQ) (Newton, 2014).
Describe the observed political event in detail, including the environment and people involved
The event I attended was a political protest that covered the annual gay rights march. In particular, the parade was in search of shedding some light on the gay rights. The individuals that participated in the parade…… [Read More]
Human Rights, eyond Intervention
The true civilization is where every man gives to every other every right he claims for himself.
There is a modern debate that is ongoing between different views of human rights and law in contemporary society. Essentially the debate has two fundamentally opposing points-of-view. On the one side are those who view certain human rights as intrinsic to the meaning of being human and inalienable for all humanity, regardless of any external social, political or legal influences. This is generally referred to as natural human rights. On the other hand there is a general and opposing viewpoint that human rights are not essential or intrinsic, but rather socially and legally created and determined. To complicate the debate there are various stances and points-of-view that include elements of both these arguments.
Central to this debate is another more subtle debate that underlies the different views…… [Read More]
The closest thing to a universally-accepted definition of human rights comes from the United Nations High Commissioner for Human ights (OHCH). That body's definition is founded on the principle that human rights are inalienable and universal. That is, they apply to all human beings and that all are entitled to these rights without discrimination. The UN definition also holds that human rights are "interrelated, interdependent and indivisible" (OHCH, 2016). The OHCH cites such rights as the right to work, the right to self-determination, to social security and education, to equality before the law and to freedom of expression (OHCH, 2016). How these broad concepts are to be operationalized is not specified by the OHCH. Indeed, there are some inherent contradictions immediately apparent between the definition set forth by the OHCH and the Universal Declaration of Human ights, the foundational document for the modern neoliberal concept. As an example,…… [Read More]
Social ideals and ethics are secondary. As such, if it were most beneficial to the State to commit genocide while conquering another nation, that would be the course of action taken. However, again thanks to increased media coverage, the world and governing bodies such as the U.N. Would not sit idly by. For this reason, this perspective is quickly becoming antiquated. Idealism, in contrast, is on the other end of the international relations spectrum.
Idealism surmises that a State's internal policies should be reflected in their foreign policies -- what they wish to occur within their boundaries is what they should support outside of their boundaries. Followers of idealism live by the Golden un -- Do unto others as you'd have them do unto you. The promotion of human rights globally would be incredibly important, from this perspective, as they too would want to enjoy the benefits of human rights…… [Read More]
Some of these methods include plea agreements and the disclosure of incriminating evidence, along with witness testimony. Thus, defendants' rights do not tie the hands of officers and the courts because officers and the courts have an arsenal of ways to manage these rights and still perform their jobs.
While the myriad of rights offered to defendants in the United States may sometimes seem like ways to protect the guilty and harm the innocent, this is far from the case. Not only are these rights necessary for protecting the defendant, along with the rest of the democratic society of the United States, but the rights can also be managed through a plethora of legal tactics on the part of the courts and police officers. Established through the Constitution and landmark court cases, primarily, defendants' rights honor the intent of the constitution. Though it is true that some guilty defendants may…… [Read More]
Abortion and the Right to Privacy
It is a summary of the most important elements of your paper. All numbers in the abstract, except those beginning a sentence, should be typed as digits rather than words. To count the number of words in this paragraph, select the paragraph, and on the Tools menu click ord Count.
United States' law is descended from English common law. As it stands, the historical idea of a life beginning at "quickening" has been replaced by the idea of fetal "viability." Despite a brief historical hiatus, women maintain the right to an abortion, before life begins. Despite Georgia's best efforts, fetuses are not people, legally or otherwise. Naturally, states regulate abortions and even proscribe them, under specified circumstances. However, the historical right to privacy in the home includes the right to choose whether to procreate. The right to privacy is protected in the substantive due…… [Read More]
esponding to hate crimes
Finally, all employees of the Trenton Public School District who become aware in the course of their employment that a student or other staff person has committed a hate crime or is about to commit one are required to immediately inform the principal and chief school administrator. According to the District's Equal Educational Opportunity Policy (File Code 5145.4), "All incidents of hate/bias shall be reported whether they occur during school hours on school grounds, on the way to or from school or otherwise" (p. 2). Teachers can play an important role in mitigating hate crimes in the schools by addressing anti-Semitism and Islamophobia (Haynes, 2011).
Anderson, J.B. (2009, Fall). Academic freedom in post-September 11 America: A research guide.
eference & User Services Quarterly, 49(1), 13-15.
Applied Engineering and Science Academy mission statement. (2007). Trenton Board of Education. etrieved from http://www.trenton.k12.nj.us/tchs/Course%20
Black's law dictionary. (1990).…… [Read More]
Federalism and Constitutional Debates
One of the most significant and innovative ideas in the American Constitution is federalism even though the word does not appear in it. This concept entails sharing of power between two different levels of government i.e. federal and state governments. Through this system of government, power from the central government is shared to state governments. While federalism has existed in the United States for centuries, there are numerous problems relating to the sharing of power between these different levels of government. These problems have generated constitutional debates on whether the concept has positive or negative impacts on certain fundamental rights. An example of an issue that has generated such debates is privacy rights i.e. whether some federal laws infringe on individuals right to privacy. This paper will examine the positive and negative impacts of federalism on privacy rights and identify the most significant impact.
Positive Impact…… [Read More]
1. The constitutional foundation for the right to privacy is multifaceted. However, this right is implicit to the right of liberty guaranteed by this document. In particular, privacy is a manifestation of the civil liberties which all citizens are assured of in the U.S. Constitution. The preamble to the constitution states this fact. The preamble reveals the Constitution was created in part to “secure the Blessings of Liberty” (Founding Fathers). The blessings of liberty quickly become a curse if there is no privacy. If people were able to see and become cognizant of everything everyone did, then people are not necessarily free or experiencing a state of liberty. Privacy, therefore, is implicit to liberty, which is why the constitutional defense of this concept provides the foundation for the right to privacy.
There are other parts of the constitution which provide a foundation to the right of privacy as it relates…… [Read More]
right to privacy is wrongly assumed to be expressly protected by the Constitution; in fact no right to privacy clause exists but is implied in the Bill of Rights. Privacy is implied, for example, in the freedom of religious beliefs and practice guaranteed in the First Amendment. The Fourth Amendment's provision against unlawful search and seizure refers to the right to privacy, as does the Fifth Amendment right to remain silent. Privacy is broadly believed to be a natural extension of other rights in the Constitution.
In Griswold v. Connecticut the court described the right to privacy as part of a "penumbra" or zone encompassing at least the First, Third, Fourth, and Fifth Amendments ("Griswold v. Connecticut and the Right to Contraceptives"). The Griswold case provided the foundation for the later case Roe v. ade, which used the same penumbra analogy to show that childbearing choices fall within the presumed…… [Read More]
In addition the effect of bill has changed the documentation awarded through the state as of a certificate toward a license and authorizes a doctor to pass on duties to a PA with the purpose of managing physician's scope of performance however Another effect of bill has enabled Indiana's doctor assistants to widen their area of the health care services and also provided an innovative average of patient care (Stephanie, Matlock (27 April, 2007). Health care bills gives right to patient to know what health care should be known by the plan as well as several limits on care, kinds of health care be not enclosed, any treatment diagram required to endorse in advance. Yearly planning about on disburse to physician and health providers, file a complaint regarding any, disagreement between patient and the plan, and also procedure to make complaint, allowance to access emergency room twenty four hours a…… [Read More]
Much like African-American leaders and reformers that brought about the end of racial discrimination and segregation via the Civil Rights Movement, in 1866, Stanton created the American Equal Rights Association, aimed at organizing women in the long fight for equal rights. In 1868, the U.S. Congress ratified the Fourteenth Amendment to the Constitution which "defined citizenship and voters as male" and excluded women; in 1870, Congress ratified the Fifteenth Amendment which also excluded women in favor of African-American males ("The History of Women's Suffrage," Internet).
At this point, the women's movement split into two factions, the National Woman
Suffrage Association, headed by Stanton and Susan . Anthony, and the American Woman Suffrage Association, a more conservative organization headed by Julia Ward Howe and Lucy Stone. y 1890, these two opposing factions joined forces to create the National American Woman Suffrage Association under the leadership of Elizabeth Cady Stanton (Gurko, 145).…… [Read More]
Another aspect which is important to be taken into account in respect to human rights issues is the right to seek asylum. The 1951 UN Convention for Refugees states that asylum seekers should be helped by the country where they seek assistance in order to prevent the return of the people in a situation which would put their lives or their integrity in danger. However, for the Australian government such a provision is less important than the actual attempt to cut down on immigration and reduce the possibility of people entering legally or illegally in the country. In this sense, there is a famous case which points out precisely this attitude of the Australian government which pointed out the fact that indeed, there is no particular desire for the Australian officials to go beyond their national interest and work for the global one. Thus, in 2001 Australia refused to give…… [Read More]
This indicates that human rights, and the desire for human rights, seem to be a human need, and so, it is not reliant on any one foundation, such as the Protestant Reformation. True, the Reformation set the wheels in motion, but continued oppression by tyrannical governments also caused the need for human rights. This is true for the Universal Declaration of Human Rights, as well. The Declaration came as a result of World War II and the formation of the United Nations, and it sought to ensure the human rights of all citizens of the world, no matter where they lived or who governed them. Again, the basic belief that everyone is entitled to human rights is a basic human condition. It usually takes some kind of power or tyranny or oppression to bring out the desire for these rights, and after World War II and the Holocaust, there was…… [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]