The only way, it would seem, to affect the kind of change that supporters of the initiative want is to amend the state constitution, effectively changing the law of the land. Supporters argue that this is the only viable option left, especially in light of the fact that marijuana is less dangerous the alcohol -- a legal drug -- and that the war on drugs has netted no significant results save $1 trillion spent since 1970 and 1.6 million people arrested yearly, half for marijuana possession (Gathright). Thus, in the case of marijuana we are faced with public policy that aggressively prosecutes anyone who uses the drug, at great cost to the state, without any discernible impact on usage, and when other more dangerous drugs are marketed freely.
Under these conditions, it seems wholly appropriate to attempt to amend the state constitution to reflect the people's acceptance of marijuana as…...
Constitutional Amendments
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 main measures…...
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References
Hole R.,. "The American Declaration of Independence of July 4th, 1776." 2001. Web
Limiting Constitutional Rights to Bear Arms
The capital issue in the hypothetical court case detailed within Application 1.2 is the boundaries for limitations on the personal right to bear arms. Those boundaries are unclear in this case, because the defendant is exercising his right to bear arms as denoted within the second amendment to the United States Constitution. However, this person (known as Lloyd) has stockpiled enough arms that his store is dangerous to others living around him, which is why they have sued Lloyd claiming that his actions under the second amendment violate their constitutional rights. Specifically, they are claim Lloyd is infringing their rights outlined in the fifth and ninth amendments to the constitution. The relevance of these amendments to this case is that the fifth amendment states no person should suffer the loss of their life or property, whereas the ninth mandates that rights granted in the Constitution…...
" 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 they…...
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Works Cited
Abrams, Jim. (2007). House Ok's right to protect sources: White House rips media shield bill.
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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 text…...
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References
Jack M. Balkin, the Constitution in the National Surveillance State, Minnesota Law Review
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 have…...
Homeland Security / Constitutional Issues
Civil Liberties: These are fundamental freedoms interpreted by policymakers and courts over the years or assured by the Constitutional Bill of ights (Pearcy, 2003-2016).
Bill of ights: This is an official statement of American citizens' fundamental rights, integrated into the U.S. Constitution in the form of ten Amendments, as well as into the constitutions of all states (Bill of rights, n.d.).
Thought Police: This denotes a cluster of individuals holding totalitarian views regarding a particular subject, and who continuously keep an eye on others for noting any deviations from the way of thinking approved (Thought Police, n.d.).
Thought Crime: This refers to a case of controversial or unconventional thinking, which is regarded as socially unacceptable or as a crime (Oxford Dictionaries, 2016).
Big Brother: A 'big brother' is an ever-present, apparently benevolent personage who represents the tyrannical control over the lives of individuals as exerted by a government of an…...
Slaughter-House Cases
Impact of the Slaughter-House Cases
The adoption of the constitution of the United States of America faced opposition from groups that feared the takeover of a centralized government. This opposition arose from the fear that this new centralized government would demean and embarrass the states by forcing or administering and contradicting the state's decisions, laws and policies. Opponents of the constitution feared that "the powers granted to the proposed government were not sufficiently guarded, and might be used to encroach upon the liberties of the people" (McClain 18). After the ratification of the constitution by the states the desire for amendments and regulations that restricted the powers of the new government was voiced by representatives of those states.
There was extreme fear that the everyday rights and liberties of citizens of a state would be impacted, restricted and oppressed by a centralized form of government. The desire to protect the rights…...
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References
Abernathy, M.G. (1972). Civil liberties under the Constitution (2d ed.). New York: Dodd, Mead.
Of fundamental concern to the Court in Goss was the issue of procedural due process as opposed to substantive due process. By not providing a formal or informal hearing for the students explaining the reasons for suspension, and not offering the students an opportunity to present their contravening opinion, did the school violate the fourteenth amendment's procedural due process requirements?
Reasoning
The Court held in a five- four majority opinion that the school district had violated the student's rights by suspending them without proper notice or hearing. The Court's logic in this decision is particularly interesting as it speaks to the student's "property and liberty interests that qualify for protection under the Due Process Clause of the Fourteenth Amendment" (Cornell University Law School- Goss v. Lopez. N.D.). The property concern is of paramount importance in the decision as the court found that "because Ohio had chosen to extend the right to an…...
U.S. Supreme Court and the Rights of Inmates
The objective of this study is to identify the constitutional amendments that deal directly with the rights of correctional inmates. For each amendment, this work will describe the rights of inmates and correctional procedures that evolved to protect those rights. Lastly, this work will explain the role of the U.S. Supreme Court in interpreting correctional law, inmates' rights and correctional procedures.
Four Amendments That Address Rights of Prisoners
The primary areas of constitutions rights for inmates incarcerated in U.S. prisons are derived from four constitutional amendments. Those four amendments include the following:
(1) First Amendment -- This amendment governs to what extent authorities restrict the rights of inmates in regards to religion, speech press, and in general, the right to communicate with persons outside the jail. (Thigpen, Hutchinson, Persons and Holland, 2007)
(2) Fourth Amendment -- due process and equal protection. This amendment determines what types of…...
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Bibliography
Thigpen, ML,. Hutchinson, VA, Persons, V. And Holland, F. (2007) Jails and the Cosntittuion: An Overview. U.S. Department of Justice. Retrieved from: http://static.nicic.gov/Library/022570.pdf
Homosexual Marriage and the Impacts on Parenting
Homosexual marriage refers to legal matrimony between two individuals of the same gender and it is a phenomenon which has come under a great deal of scrutiny and debate during the last few years. As of the time of this writing nine states have legalized gay marriage, and 31 states have constitutional amendments which ban gay marriage to some extent -- a fact alone which showcases this nation's level of homophobia and a reluctance to deliver fundamental rights, like the right to pursue happiness. However, the topic of this paper is to examine the impacts of gay marriage on parenting and the kids that grow up having two moms or two dads. Even the most conservative, right-winged, and religiously literal people will admit, that if there's one thing that this nation needs; for example, the following conservative remarked: "Many studies show that single parents…...
Living Constitutionalism
As the leader of the free world, the United States remains in the limelight as the rest of the world keeps a keen eye on how they conduct their affairs. As it appertains to constitutional interpretation, the U.S. has a sound philosophy dubbed 'living constitutionalism.' In the American constitutional dispensation, as in other countries, the letter of the law is unequivocal. That notwithstanding, many agree that every society is dynamic in nature. As such, as society keeps changing, there is a growing need for the constitution to be equally as dynamic in view of various considerations. Implementing and enforcing the letter of the law as stated in constitutional clauses often has its shortcomings. The concept 'Living Constitutionalism' revolves around humanizing the law. By adding the element of humanity in the law, the constitution gains a dynamic element. This idea relates to the view of the society as contemporaneous, which…...
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References List
Alstyne, William Van. 2010. "Clashing Visions of a "Living" Constitution: Of Opportunists and Obligationists." Cato Supreme Court Review 13-26.
Balkin, Jack M. 2012. "Panelist Papers: The Roots of the Living Constitution." Boston University Law Review 92, 4:1129-1160.
Denning, Brannon P. 2011. "Common Law Constitutional Interpretation: A Critique." Constitutional Commentary 27, 3:621-645.
Dodson, Scott. 2008. "A Darwinist View of the Living Constitution." Vanderbilt Law Review 61, 5:1319-1347.
The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods used for execution of the death penalty should be humane and sensible. While the criminal may lack in possessing any compassion whatsoever that this complete lack of the ability to have or posses real compassion that resulted in their being sentenced to death is a consideration in the regard given those sentenced to death. Finally, there should be no lack of certainty that the individual being put to death was the perpetrator of the crime committed.
VI. The ISSUES & the DEATE[S]
The issues and debates surrounding the Fourth, Fifth, Sixth and Eighth Amendments to the U.S. Constitution are becoming more heated with each passing day and while the general public has been…...
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Bibliography
Constitution of the United States (nd) U.S. Government Printing Office (GPO) Access: Sixth Amendment Rights of Accused in Criminal Prosecution. Online available at http://www.gpoaccess.gov/
Rasmussen, David W. And Benson, Bruce L. (1994) the Economic Anatomy of a Drug War: Criminal Justice in the Commons. The Independent Review. Vol. 1, No. 2 Fall 1996. The Independent Institute.
The first route entails that the House and the Senate must each ratify the proposed Amendment by a two-thirds majority. Then the bill must be ratified by three-fourths of the states' legislatures within a reasonable time period. The second method would be for the creation of a Constitutional Convention to hear and propose the amendment to the states; this method also requires three-fourths of the state legislatures to approve the amendment. This second procedure has never before been used to amend the U.S. Constitution. In either case, however, it would take a number of years before the Amendment for Total Equality would become law. Furthermore, consitutional amendments are historically rare, and the proposals signficantly outnumbers the legal amendments. Several steps can be taken to ensure the timely implementation of this much-needed constitutional amendment.
Proponents of the proposed Amendment for Total Equality have a steep uphill battle to climb. The tide…...
Constitution of the United States was a highly important and significant document that was adopted on September 17, 1787, and ratified by conventions.
Eleven states participated in the ratification, and the Constitution officially went into effect on March 4, 1789.
The Constitution of the United States is important for many reasons, including keeping order and law and guaranteeing basic freedoms for the American people. Without the Constitution, it would be much easier for lawmakers to make changes that might not have value to the people of the country and that could cause them harm by taking away some or all of the rights that they have come to expect. Overall, the U.S. Constitution is a document that can be changed and adjusted but that does include guarantees for specific rights that will not be lost even if those changes and adjustments are made.
The U.S. Constitution was written by Governor Morris of…...
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Bibliography
Bailyn, Bernard, ed. (1993). The Debate on the Constitution: Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle for Ratification. Part One: September 1787 to February 1788. NY: The Library of America.
Garvey, John H. ed. (2004). Modern Constitutional Theory: A Reader 5th ed. NY: Penguin.
Mason, Alpheus Thomas and Donald Grier Stephenson, ed. (2004). American Constitutional Law: Introductory Essays and Selected Cases (14th Edition). NY: Penguin.
Miranda rights, enshrined in the landmark 1966 Supreme Court decision Miranda v. Arizona, have played a pivotal role in safeguarding the rights of individuals accused of crimes. This essay will explore various topic ideas related to Miranda rights, examining their historical significance, legal implications, and impact on criminal justice.
Historical Evolution
The development of Miranda rights: Tracing the legal precedents that led to the Miranda decision. The impact of the Warren Court: The role of the Supreme Court under Chief Justice Earl Warren in expanding Miranda protections. Miranda in the context of other constitutional amendments:....
Key Milestones in the History of the Women's Rights Movement
Throughout history, women have fought tirelessly for their rights and equality. The women's rights movement has witnessed significant milestones that have shaped the social, political, and economic landscape for women worldwide. Here are some key milestones:
1848: Seneca Falls Convention Held in Seneca Falls, New York, it was the first women's rights convention in the United States. Elizabeth Cady Stanton and Lucretia Mott drafted a Declaration of Sentiments demanding equal rights for women.
1851: The First Women's Rights Convention in Ohio Organized by Lucy Stone, Frances Dana Gage, and Paulina Wright Davis. Emphasized....
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