Constitutional Rights Essays (Examples)

Minor's Constitutional Rights

courts have recognized some Constitutional rights for students attending public schools that school officials need to be aware of. Even though, school officials have been given the right to control student conduct on school grounds, school officials can cross the line when it comes to student rights. The Supreme Court case Safford Unified School District #1 v. Redding (2009) is a prime example of school officials crossing the line concerning violation of a student's Constitutional rights when the Arizona middle school had strip searched 13-year-old Savana Redding under suspicion she was hiding ibuprophen pills in her underwear (arnes 2009).

The fact was another student had been found with prescription strength ibuprophen and told the Assistant Principal she received it from Redding. After being pulled into the office by the Assistant Principal, Redding had consented to a search of her backpack and outer clothing. When the search found…

violation of the student's Constitutional rights

The issue is whether there has been a possible violation of a student's "constitutional right to education" due to the fact that during the time she had to stay in the cage based on Mr. Billups' order she had to miss all of her other classes for that day. R: The rule is that unlike various state constitutions the federal Constitution does not contain a "right to education." The U.S. Supreme Court addressed itself to this issue in 1973 in San Antonio Independent School District v. Rodriguez. In this decision the U.S. Supreme Court held that education is neither explicitly nor impliedly guaranteed as a "fundamental right" in the U.S. Constitution (Constitutional Requirements Governing American Education -- Federal constitutional Requirements, State Constitutional Issues, Conclusion, p. 1). Therefore, a constitutional right to education of student Li could not have been violated by Mr. Billups. I:…

Right to Carry Handguns for Self-Protection:

The right to carry handguns for law abiding citizens has been a continual social and political debate about the restriction or availability of firearms within the country. Actually, the right to carry handguns has developed to become one of the major controversial and intractable issues within the social and political environments in the nation. The main reason attributed to the development of this controversial issue is the constitutional provision regarding firearms and the government's responsibility to prevent criminal activities, maintaining order, and safeguarding citizens' well-being. The debate has been characterized by different reasons that have been raised by intellectuals, social activists, and advocates in support and opposition of the controversial issue.

Historical Overview:

The debate regarding the right to carry and keep firearms can be traced to the inception of the gun culture, which explained the affections of American's citizens in adopting and celebrating…

ights of Accused

One of the most significant legal principles that originated from the English Law and is cherished by conservatives is the due process clause. Actually, the Due Process Clauses can be regarded as among the most essential and controversial provisions entrenched in the American Constitution. The due process provisions were entrenched in the constitution as a means of ensuring that the rights of innocent people are protected against abuses from the federal government. In addition to protecting innocent people from wrong conviction, the due process clauses also provides a balance of disparity in resources between federal and state governments, and the common accused individual.

Origin of the Due Process:

The origin of due process of law can be traced back to 1355 when the phrase developed as a restatement of the 1215 Magna Carta (Johnson, n.d.). During this period, the due process of law was used for the…

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…

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,…

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…

Constitutional Democracy / Presidential or Parliamentary System

Social and Economic Sources of Democracy

For the successful development of a democracy, two major factors come into play regarding the sources of said democracy. Of course, some of the factors are also indications of other regimes -- fascist and communist -- though as argued by the various papers, there is a distinct difference in the political structures that determine democracies over fascist and communist regimes. Because of the major results created by such factors, the most important sources of democracy would have to be the economic, industrialized, and educational values within the nation.

"The level of economic development, as measured by per capita income, is by far the best predictor of political regimes" (Przeworski). While there appears to be a similarity between the development of economic countries in dictatorships and democracies, Przeworski maintains that a dictatorship eventually dies and paves the way…

(Samson, 2005, citing NY CPLR 4548 and Cal. Evid. Code 917 (b)) This means that the rationale behind the ruling was not limited to, or based solely in the attorney-client relationship. The court stated that employee awareness was the issue. The dominant considerations were if the corporation maintained a policy banning personal or other objectionable uses of e-mail, explicitly monitored the use of the employee's computer or e-mail, claimed a right of access to the computer or e-mails, or notified the employee, of the use of monitoring policies, all of which would diminish his or her expectations of privacy. (Samson, 2005) in this case, ACG did not demonstrably enforce any of these measures. This meant employees had a right to assume they were engaged in a private and thus privileged communication with their attorneys.

Given this ruling, it is likely that in the future, corporations that wish to have access…

Rowan County, North Carolina had a prayer policy that was aligned with Christian norms as well as the prevailing values of freedom and liberty in the United States. The policy pertained to the opening ceremonies before public meetings, which include the Pledge of Allegiance. During these meetings in Rowan County, individual commissioners were offered the opportunity to pray in whatever manner they preferred, have a moment of silence instead, or abstain from either. No commissioner or member of the public was required to pray; it was a voluntary provision. Yet federal courts recently ruled that Rowan County’s practices violated the First Amendment of the Constitution, particularly the Establishment Clause. The Establishment Clause states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” (“Introduction to the Establishment Clause,” (n.d.). Even a cursory reading of the Establishment Clause shows that prohibiting commissioners from praying during…

Death Penalty in Michigan

There are, at present, 38 states with the death penalty and 12 without (deathpenaltyinfo.org 2004). Michigan is one of the 12. From 1976, there have been 906 executions in the U.S.: 517 were white, 310 blacks; 57 hispanic; and 22, other races. More than 80% of these cases involved white victims, although only 50% of murder victims were white. Case studies on race showed that 96% had racial undertones, whereby 98% of the chief district attorneys were white and only 1% were black. Another study conducted in Philadelphia revealed that more blacks were given the death penalty than white and other races at 38%. Still another study conducted in North Carolina said that the death sentence went up by 3.5 times when the victims were white (deathpenaltyinfo.org). Records show that 37 states with the death penalty used lethal injection method in 739 executions, 151 by electrocution,…

The first argument would be to point out that essentially, the right to bear arms is an individual right that can be exercised by any member of the civil society. In so doing, an individual is merely accomplishing a right that is rightfully his/hers from the beginning. The second main argument to be pointed out is that gun ownership does not necessarily translate to its improper use, posing as a threat to civil society. The legislative system has created a system that eliminates the occurrence of improper or inappropriate gun use, to prevent this threat from happening. Given these existing arguments for gun ownership, both anti-gun ownership groups and the general public would hopefully subsist to the view that indeed, exercising the right to bear arms is a privilege that will ensure the citizen of his/her safety and precaution against deviants in the civil society.

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…

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…

Right to Counsel

In the United States, the right to counsel is guaranteed by the 6th Amendment to the Constitution. Right to counsel is the civil right of an accused person to seek the aid of an individual who is an expert in the law of the land. Often when a person finds him or herself in a position where they are a defendant in either a civil or criminal court, they need to utilize the skills of someone who understands the law. ithout this right, the accused would be at a decided disadvantage against prosecution who are trained and employed in the field of the law. The present law of the United States is that a person may employ an attorney to represent him or her in a court. If a person is unable to afford an attorney, then counsel will be appointed to that person and paid for…

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…

gun control. One side rights benefits owning a firearm. The side anti-gun ownership guns illegal. The final part paper position pro-gun ownership! Please make essay original.

There is much controversy regarding fire-arms, their use, and whether or not people should have access to guns. The "guns don't kill people, people kill people" expression is likely to spring to mind when considering issues related to guns. Surely, one might be inclined to say that in spite of the fact that guns are not directly responsible for the fact that people are dying, they provide humanity with a means to killing individuals. Some people are unable to effectively control an excessive amount of power and it thus seems wrong to provide them with access to fire-arms. Even with that, if the authorities focus on establishing harsher laws concerning gun ownership, individuals who are predisposed to committing crimes will no longer be able…

Patriot Act Homeland Security Act 21st Century form foundation United States' domestic response terrorist attacks September 11, 2001. Many legal political voices advocated acts resulted a reduction rights citizens a loss civil liberties.

The Patriot Act and the Homeland Security Act:

Are they a violation of our constitutional rights?

According to the U.S. government, the Patriot Act and the Homeland Security Act gave the government the necessary tools to investigate acts of terror, including greater leeway in the use of surveillance technology; greater leeway in sharing information between law enforcement agencies, and increased the penalties for terrorist-related crimes (The U.S. Patriot Act, 2014, Department of Justice). However, it is very difficult to establish whether a law has genuinely prevented crime, particularly a crime with such complex causality as terrorism. Furthermore, civil liberties groups have criticized the Act for limiting the freedom of innocent Americans. ather than improving the safety of…

victims and defendants rights extended by the Criminal Justice System. Followed by introduction is the comparison of both sides detailing the rights of victims and defendants by the Criminal Justice System. Conclusion given at the end shows that the Criminal Justice System has more rights to the defendants; however, rights for victims are also increasing in several states.

It has been during the last two decades that the rights of crime victims started to be known in the law. Earlier, none of the crime victims had rights during the criminal justice process. For example, they did not have any right that could notify them of court trial or the arrest or release of the defendant. Further to that they had no right to be presented during the trial or other hearings, or to make a statement to the court at sentencing or at other proceedings (Emmet County).

But now, nations…

Juveniles may commit crimes on the same level as adults do, but they are of a special case because of their age and relative psychological immaturity. The purpose of the juvenile justice system is to rehabilitate the minors and help them integrate better into the society. As research shows, police officers come into contact with different kinds of juveniles offenders. They may be mentally ill or handicapped. Some of them come from disorderly families, or are routinely abused physically and sexually by parents or other family members. Others may be simply neglected or have no family support when they are in need (Bartollas & Miller, 2008, pp. 101-2; Cole & Smith, 2007, p. 554). These unique circumstances make juveniles a special case.

As Lawrence and Hemmens (2008) write, police officers need to take special measures in treating juveniles during and after arrest especially because "young persons' views and attitudes toward…

In the United States of American court systems, juvenile courts still proposes juvenile delinquents in aspects that are more paternal other than diagnostic. The adult counterparts cannot access such diagnostic processing as juveniles do. Adults are treated separately unlike juveniles within the jury and the constitutional accordance that assures the difference has been assured to the individuals.

The IV Amendment Search and Seizure Clause

The Fourth Amendment is one of the most prolific archives of constitution litigation in the United States of America. The application to the state through the process of Due Process Clause of the Fourteenth Amendment is unique and comprehensive to the American court systems dealing with juveniles. This amendment is depicted by issuance of connotation that protected individuals from unnecessary seizures and searches while in court proceedings. The amendment has much respect to juveniles and juvenile courts since most juveniles do not have to be apprehended…

Treatment Programs for Sex Offenders

esults of studies are inconclusive as to how often convicted sex offenders re-offend once released from prison. A Canadian study suggested the number is as high as 88%. (Bialik, 2008) However, Wisconsin psychologist Dennis Doren states, "There is no research support for that view, period." (Bialik, 2008) Another widely publicized report indicates the rate of re-offense to be 52%. (Bialik, 2008) If even half of the convicted sex offenders are likely to commit a similar crime once released, the number is too high.

One way to reduce the number of repeat offenders is to mandate participation in a treatment program. Once an offender is convicted of a crime, their Constitutional rights should be suspended. They should lose the free will that they enjoyed as a free member of society. As such, they should be required to undergo treatment for sexual assault. It should not even…

They would subsequently call them at home, leave literature and fetus dolls at their door, and even call families and distant relatives of the patients to inform them of the patients' plans to ask them to intercede. The Pro-Life advocates argued that they were lawfully exercising their right of free speech on public property (such as across the street fro doctors' offices) to verbally attack patients by name as they exercise their equally important right to personal physical autonomy under the recognized privacy penumbras.

The Value of the Legal Approach Suggested by the Article

The Yale Law Journal article (Clapman, 2003) explained various ways that the general right of free speech is limited by more important privacy rights. For example, truth is ordinarily an affirmative defense to defamation. However, existing law already recognizes that certain statements, despite being truthful, serve no valid purpose besides injuring another person, such as by…

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.

orks Cited

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…

Human Rights, eyond Intervention

The true civilization is where every man gives to every other every right he claims for himself.

The argument

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…

In 2001, the trial court judge stated that clear and convincing confirmation demonstrated that Ms. Schiavo would have selected not to be given life-prolonging action beneath the conditions that were present. This decision was also confirmed by the Florida appeals court and the family was deprived of a hearing by the Florida Supreme Court. When Terri Schiavo's feeding tube was taken out for the second time, in 2003, the Florida legislature fashioned Terri's Law to supersede the court decision, and the tube was for a second time put back. This law was consequently stated an illegal breach of the separation of powers (Quill, 2005).

Terri Schiavo's case fascinated the nation for quite a bit of time during March of 2005 as the dying woman laid in Florida hospice. Mrs. Schiavo had been in a vegetative condition for many years, and her husband Michael Schiavo effectively asked the Florida state courts…

Board of Education of Topeka. This case represented a watershed for Civil ights and helped to signal an end to segregation because it determined that "separate educational facilities are inherently unequal" (Warren, 1954). It is essential to note that federal support on this particular issue was only earned after African-Americans decided to use the legislative system to their advantage by taking the segregationist school system of Topeka, Kansas to task. This particular court case was a class action lawsuit filed on behalf of 13 parents whose children were enrolled in the city's school system. This action was highly influential in the African-American struggle for civil rights and to end discrimination because it demonstrated that they had learned the most effective means of fighting this systemic oppression -- by utilizing the system itself, in this instance, the legislative system that ran the country.

By doing so, African-Americans helped to end the…

prisoners do have some rights, it is worth noting that their rights are extremely circumscribed, particularly when contrasted with that of the average citizen who is not incarcerated. The most salient right that prisoners have is afforded by the Eighth Amendment of the United States Constitution, which strictly forbids cruel and unusual punishment (Dolovich, 2009, p. 881). As such, prisoners are entitled to a minimum standard of living. However, in several prisons it is extremely difficult to enforce this particular amendment, largely due to the fact that much of what takes place in a prison setting is well beyond the reach of the public's discernment.

Another highly important right that prisoners have is their right to due process, which is directly related to their ability to appeal decisions and to access less restrictive forms of punishment, such as parole. Due process means that prisoners are entitled to the same rights…

Civic EngagementThe right to vote is a constitutional one in the US and it was passed by Congress in 1869: it ensured that everyone had the right, regardless of race, creed or color. Yet nearly a century later in the US, people were still being segregated and discriminated against because of race, creed and color. Why? The reason is that the power structure in the US did not want certain types of people voting or having influence or power of their own. It is why many immigrant communities were broken up by federal plans to create new interstate roads. It is why there have only been two Catholic presidents and one black one in the nations more than 200-year history. The US has always been a fundamentally WASP-driven affair, with help from elite (often Jewish) families that dominate banking, finance, and media. There is no room in that paradigm for…

" 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…

Drug Enforcement Administration, the Controlled Substances Act, and the War on Drugs all show that drug prohibition has been framed as a federal issue. Recent state-by-state legalization of cannabis (marijuana) has challenged and undermined the efficacy of federal drug laws and anti-drug policies. Almost half the states have now legalized marijuana for either medical or recreational use (Hill, 2015). The state-by-state legalization scheme creates legal and ethical conundrums. For example, Hill points out that federal anti-drug legislation prohibits legal marijuana businesses operating in states like Colorado to use national financial institutions for banking. Without access to the usual range of financing options, cannabis dispensaries and other related businesses are driven to a cash-only business which can "attract thieves and tax cheats," (Hill, 2015, p. 597). Other problems include the inability of Americans to legally transport cannabis over state lines, even between two states that both legalized the drug. Canada recently…

There are limitations on the destruction of wiretap records. The numbers of crimes for which wiretaps can be used, the types of judges who can authorize taps have both however, been expanded.

What Does the Constitution Say?

The United States Constitution states many principles of constitutional law that must be present in for Democracy to truly exist. Democracy is characterized by freedom and liberty to think and believe individually and the freedom to express those beliefs through speech that does not trod upon or offend others. The travesties against justice n committed in the name of Democracy is an affront to all that was intended, fought, and died in attaining in America.

Freedom, liberty and justice not only in America indeed, for the entire world. ut there are limitations within the realm of freedom and justice, for it is not freedom or justice in the forcing of what is termed…

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…

campus speech codes violate student rights?

The freedom of expression is not for students alone. It is for all citizens and for students the rights and liberties that are available for all citizens apply in the same manner. In that context if the citizen has a right of speech and expression, it also implies that the citizen student also enjoys this right. Where the general laws abrogate the freedom of speech, making some kinds of speech and expression culpable, it is also applicable to the student. The question is if the academic institution passes rules that prohibit speeches and other form of expressions defined as 'hate speech', it has to be assumed that the 'hate speech' as defined inside the campus differs from the general legislation, or there is no general legislation that covers the 'hate speech 'and therefore being introduced in the campus make it unique to the student…

Miranda v. Arizona

In the original case involving Miranda v. Arizona, 22-year-old Ernesto Miranda

stood accused of the rape of an 18-year-old female (and kidnapping and robbery).

The arrest happened on March 18, 1963. Miranda was arrested in his home and taken to a Phoenix police station, where he was interrogated and given a confession to sign -- which he did sign. On that confession, the police had typed in that Miranda fully understood his legal rights even though he was not notified that he had the right to remain silent (by not incriminating himself) and he had the right to legal counsel. Miranda was sentenced to 20 to 30 years in prison. This was an example of a heavy-handed strategy used by Phoenix police against a Latino man who was not fully mentally sound, according to the literature on the case.

Miranda v. Arizona -- the broader implications and…

Right to a Decent Minimum of Health Care by Allen uchanan

Allen E. uchanan's "The right to a decent minimum in health care" opens an extensive debate to the limits and issues of using the concept of universal rights of humans in arguing that everyone has the right to have a decent minimum of health care. Problematizing this issue, the author sought to establish that, it is not based on a universal right to "assure" that people will have the right to a decent minimum. Instead, the right to a decent minimum must be argued on four grounds, which uchanan enumerated and explained in his article.

One of the primary arguments he asserted in the article is the concept of special over universal rights. For him, the right to a decent minimum should be given to people who have had experienced 'injustice' from American society historically, such as the black…

Burke likes order and social order, while Paine cries out for equality and social justice. Burke believes there should be an elite, and they should never lower themselves to a common status, while Paine believes there should not be an elite class, and that all men are created equal.

This is an inherent difference in philosophy and in government. It is the reason that some English citizens felt the need to break away and travel to a new land. It is the reason that the oppressed and intimidated in other countries of the world still seek freedom and independence. Burke argues that the state is a permanent contract, not to be bent for trivial concerns like "pepper and coffee" (Burke 112). However, Paine's arguments resonated with the "common man," someone who Burke seems to ignore in his arguments. Paine seems more understanding of the "times that try men's souls" (Editors…

As a practical matter, we think that unless a lawyer has, or anticipates, a considerable practice in the New Hampshire courts, he would be unlikely to take the bar examination and pay the annual dues of $125." The U.S. Supreme Court decided similarly in the Supreme Court of Virginia v. Friedman, when it struck down a requirement in Virginia barring non-residents from even taking the exam. The defendant, a Maryland resident, already had a full-time job in Virginia. The court found: "If a state denies non-residents such a privilege, it must have a substantial justification for the difference in treatment that substantially relates to the state's objective in correcting the problem. The practice of law, like other occupations, is sufficiently basic to the national economy to be deemed a privilege protected by the Clause. Although Virginia did not totally exclude nonresidents from practicing in the State that does not mean…

" The right to trial was created to protect the individual citizen from the strength and power of the government and to prevent potential influence upon the judiciary by special interests. In protecting individuals, the right to jury trial protects all of the citizenry.

The Sixth Amendment of the U.S. Constitution reads: "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 ." While the right to a jury trial is guaranteed by the United States Constitution in criminal…

ainwright v Gideon

In 1961, a man named Clarence Earl Gideon was arrested for stealing coins and alcohol from a Panama City, Florida, pool hall. He was a poor man and could not afford a lawyer. Following his conviction, he served five years in prison. During that time, he sent a handwritten letter to the Supreme Court in which he explained that he had been forced to fend for himself in court, without legal representation. Because of Mr. Gideon, the Supreme Court justices declared that criminal defendants have a right to legal aid (Gest). It was a right decision by the Supreme Court. The United States was founded on the principle that all men should be equal. By providing criminal defense to the poor, the court is leveling the playing field so that everyone receives the same fair treatment. Since crimes are committed disproportionately by the poor, the Supreme Court's…

Today, China owns the majority of U.S. debt, thereby inflating the Yuan and further downgrading the security of the dollar across the globe. These trends mean that American taxpayer money will increasingly be used to benefit foreign governments, leaving even fewer resources available for American citizens. A smaller, more efficient government is clearly needed, but in order to reduce government growth, a grassroots effort needs to be created to encourage term limits and eliminate wasteful and redundant government bureaucracies. In order to be successful, though, this effort must be embraced across all political party lines but the payoff will be worth it. By curbing government growth and control in business and Americans' private lives today, the country will be able to regain its financial security and maintain America's fundamental constitutional liberties.

eferences

Beland, D. & Chantal, V.F. (2004). Fighting 'Big Government': Frames, federalism, and social policy reform in the United…

Right to Die Cases

The very public, legal and ultimately political saga of Terri Schiavo brought not only national but international attention to the right to die issues and echoed a similar battle which took place some fifteen years earlier concerning Nancy Cruzan.

In "Cruzan, by her Parents and Co-Guardians v. Director, Missouri Department of Health, 497 U.S. 261,' the United States Supreme Court concurred with the lower court's ruling on June 25, 1990 (Cruzan pp).

Petitioner Nancy Beth Cruzan was rendered incompetent as a result of severe injuries sustained during an automobile accident on the night of January 11, 1983 (Cruzan pp). Paramedics restored her breathing and heartbeat at the accident site when she was discovered without detectable respiratory or cardiac function (Cruzan pp). She was transported to a hospital in an unconscious state where an attending neurosurgeon diagnosed her as having sustained probably cerebral contusions compounded by significant…

9/11 terror attacks was characterized by enactment of new laws and executive orders that focused on enhancing homeland security. However, these laws and orders have become controversial because they have ceded power to the executive branch and limited people's rights. Some examples of these limitations include restrictions on privacy, limitation of free speech and association rights, and limitation of religious freedom. While these actions were necessary to help prevent another attack, they are inappropriate since they compromise civil rights and checks and balances established in America's democracy. The federal government would have taken less drastic measures through reordering priorities of law enforcement instead of generating fundamental changes in law.

Week 5: Discussion

In the American judicial system, the Supreme Court reviews very few cases most of whom are appeals from lower courts. It should not be mandatory for the Supreme Court to review more cases despite having appellate jurisdiction. The…

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…

Human ights

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…

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…

Human Rights

One of the major issues for the United Nations is human rights, which are defined by the organization as "right inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion or any other status." These rights include "the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more" (UN.org, 2016).

A challenge with respect to human rights is that the nation-state is relied upon to safeguard or provide these rights to its citizens, and that this is far from the case. The head of Amnesty International discussed the need for people to stand up for their rights, and to hold accountable those regimes that do not respect these fundamental rights, pointing to the social media-driven events in 2011 such as the Arab Spring. One thing that the Arab Spring demonstrated, however,…

Universal Human ights

The Debate

A very highly contested issue in international political theory is the issue of universal human rights and its interpretation is dependent on the manner in which particular theorists understands it and the moral obligations related to it as well as international laws and the manner in which the two concepts of obligations international laws relate to one another. The fundamental interpretations about what is right and the extent to which the existing rights tend to be accepted and enjoyed by everyone forms that basis of the philosophical debate about whether human rights are universal or not (Kessler). The variant transition of value systems that result from the philosophical theories and practical politics when examined makes the debate more complex.

Debates have been surrounded around the issue of universalization of human rights within the world that has numerous independent systems that are diverse and sometimes of…

"Noting the high rate at which young, black males are stopped by police and the fact that it is currently a felony to possess a concealed handgun, he said that an honest, law-abiding, young, black male would be 'nuts' to carry a concealed handgun in Illinois" (2010: 74). It cannot be denied that people living in urban areas who must defend themselves with concealed handguns have the most to gain from passing conceal and carry laws. The absent of police protection is, in general, more absent from these areas than other less-dangerous neighborhoods, which seems ironic. Lott states that in a 1982 American Housing Survey, 60 thousand households were asked if their neighborhoods had adequate police protection. lack, urban area residents were twice as likely as whites to report that they did not have adequate protection, and six times more likely to say that they had considered moving because of…

Human ights Protection and APA Ethics Code

Human rights have been defined as rights that are given to everyone. The protection of these rights should be the priority of every practicing psychologist, because doing this enables the psychologist to help improve his society. In essence, Human rights are basic fundamental ethical and moral principles that set the minimum standards for treating others and/or for behavior (Hudson, 2015).

Governments have to legally enforce these rights and every individual by the fact that he or she is human is entitled to these rights, wherever he or she is lives in the world. Immediately after the end of World War II there emerged a movement that advocated for the adoption of human rights. Not long after, in the year 1953, the APA (American Psychological Association) came up with their own code for Ethical conduct of practitioners in the field (Hudson, 2015). Even though…

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." [1] 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." [2].

United States is a prime example of this form of government since the Constitution allows states to make its own local…

Right to Privacy and Consenting Adults: Examining the Sodomy Cases
The 1986 case of Bowers v. Hardwick represents the continued legacy of homophobia of the era. This case demonstrates how homophobia has amounted to longstanding oppression for gay people, and has continually thwarted justice from protecting them or ever serving them. Michael Hardwick was in his late 20s when he was bartending at a gay bar in Georgia. He threw a beer bottle into an outdoor trash can and was written up by the police for public drinking (Bazelon, 2012). The terms of this citation come under suspicion as its possible that the police officer who wrote the ticket was just targeting him because he knew he was gay and worked at a local gay bar. The details of this citation of extremely dubious. The police officer that wrote the wrong day on the citation, ensuring that Hardwick would not…

The main Woolworth's store was already on strike, and the Hotel Employees and Restaurant Employees Union (HERE) was threatening to escalate the strike to all of the stores in Detroit." (Cobble, 2003)

Myra had been nicknamed the: "attling elle of Detroit" by media in the Detroit area because Myra is said to have:.." relished a good fight with employers, particularly over the issues close to her heart. A lifelong member of the National Association for the Advancement of Colored People (NAACP) she insisted, for example, on sending out racially integrated crews from the union's hiring hall, rejecting such standard employer requests as 'black waiters only, white gloves required." (Cobble, 2003) Myra was involved in many more organized protests and strikes and is stated to "consider herself a feminists...outspoken about her commitment to end sex discrimination...lobbied against the ERA until 1972...chaired the national committee against a repeal of women-only state labor…

PROTECTION OF CONSTITUTIONAL ORDER IN THE U.S.A.

In spite of the fact that the constitutional order puts across a series of elements from which the American public (as a whole) benefits, it is also responsible for enabling many individuals to freely express religious fanaticism through criminal acts. It is very surprising that matters in the U.S. were relatively peaceful for the last two centuries, with the recent decades marking a significant change in nation's connection to religion, especially considering that many individuals have come to associate the country with Christianity and with elements favoring the discrimination of other religions. The constitutional order is of no use to the well-being of the public in particular situations, as it can be overridden by some, regardless of the morality in their behavior.

The First Amendment of the Constitution (ratified in 1791) says that "Congress shall make no law respecting an establishment of religion,…

students opportunity discuss a key political science concept, show a basic understanding academic research reporting skills.

Define "loose construction" and "strict construction" methods of constitutional interpretation, and describe how each perspective aligns with formal vs. informal methods of change.

The 'strict construction' view of the Constitution has traditionally been aligned with conservatives such as Robert Bork who argue that "a judge interpreting the Constitution" should only consider "the words used in the Constitution [as] would have been understood at the time [of enactment]" (Linder, citing Posner, "Theories"). In contrast, the 'loose construction' view (traditionally aligned with more liberal politics) stresses the need to interpret the Constitution in a manner beyond the letter of the law. There are a number of factors which justices traditionally consider when making constitutional interpretations, including the text itself; likely intentions of the founders; precedents; consequences of the decision in the 'real world;' and so-called 'natural…

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…

The government has no right turning a blind eye to criminals who possess arms, allowing innocent citizens to live unprotected in their own homes. It is far too late to restrict access to guns, anyway. The market has already opened its arms to criminals who have stashes of weapons. Those weapons aren't going anywhere and so American citizens must have unrestricted access to the weapons that can protect them from being killed by criminals.

Gun control also prevents objective education surrounding the proper use of guns. If young adults are taught how to properly store and use a firearm they are less likely to use them indiscriminately. espect for guns helps create a more educated, enlightened society instead of one that cowers in fear from the very thought of a weapon that has been around for centuries.

The original purpose of the Second Amendment was to empower the citizens of…

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…

1950s, attempts to integrate fundamental human rights into EU treaties met with little success. Many commentators observe that the reason for the failure of these attempts is the fact that the EU was viewed primarily as an economic union, and as a result, the ECJ's role would be primarily in adjudicating economic and related trade disputes. Also, the ECJ would be charged with making determinations of EU/MS sovereignty where questions regarding the Eurozone's fundamental law and subsequent treaties are concerned. It follows then, that the development of a body of law for the securing and protection of fundamental rights across the EU's member states would have to wait until there was a deeper political and "psychological" union among Europe's citizens; and until this type of "union" took place among the EU's various polities, the ECJ was unable to legitimately and properly address questions of fundamental rights protections. Over time, the…

It is the pursuit of happiness that the Constitution guarantees with respect to a person's right to pursue a free life. The words are written this way (Von Eckardt, Ursula M., 1959, p. 2):

e hold these truths to be self-evident, that all men are created equal, that they are empowered by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of happiness."

These words should dissuade the most adamant lawmaker from proposing, or creating a federal law that would ban same-sex unions. Likewise, those seeking same-sex unions should look long and hard at the legalities involved in what they are seeking. "One way to destroy the spirit of anything is to sanctify that thing. Sanctify the code, the institution, the constitution, or the doctrine, and it is thereby arrested. It becomes unchangeable, incapable of development, resistant to new influences, rigid (Maclver, R.M., 1955,…