Constitution Essays (Examples)

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Evolution of the Rights of the Accused

Words: 3363 Length: 10 Pages Document Type: Essay Paper #: 82661355

Thesis: This paper will described the evolution of the rights of the accused and show how the concept changed from its initial inception in early America to its current conception in the 21st century.
Introduction
The rights of the accused in the modern West stem from the rights of man, propagated by Thomas Paine in 1791 shortly after the War for American Independence was won. It was Paine’s assertion that rights stemmed from nature, rather than from any one human authority. This concept was born out of the Enlightenment philosophy of the day, which was itself a radical response to the Old World concepts of human order, society, hierarchy, and human nature. Whereas the Old World accepted the idea that all rights were given according to the will of the authority of the realm, the New World was much more approving of Paine’s dictum that rights came from God or…… [Read More]

References

Black, H. L. (1960). The bill of rights. NyUL Rev., 35, 865-890.

Brennan Jr, W. J. (1986). The Bill of Rights and the States: The Revival of State Constitutions as Guardians of Individual Rights. NYUL Rev., 61, 535-549.

Brewer v. Williams. (1977). Retrieved from https://www.law.cornell.edu/supremecourt/text/430/387

Foote, S. (1958). The Civil War. NY: Random House.

Halbert, S. (1958). The Suspension of the Writ of Habeas Corpus by President Lincoln. The American Journal of Legal History, 2(2), 95-116.

Jefferson, T. (1774).  Thomas Jefferson to Virginia Delegates to the Continental Congress, August 1774: A Summary View of the Rights of British America; Instructions. -08. [Manuscript/Mixed Material] Retrieved from the Library of Congress, https://www.loc.gov/item/mtjbib000092/

Oaks, D. H. (1965). Habeas corpus in the states: 1776-1865. The University of Chicago Law Review, 32(2), 243-288.

Powell v. Alabama. (1932). Retrieved from https://supreme.justia.com/cases/federal/us/287/45/case.html