First Amendment Essays (Examples)

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1st Amendment

Words: 1321 Length: 5 Pages Document Type: Essay Paper #: 62419650

First Amendment and Television

The subject of television and censorship has long been an issue of heated debates across the country.

The First Amendment to the United States Constitution states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. pp).

On June 8, 1789 James Madison introduced his version of the speech and press clauses in the House of Representatives, stating, "The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable" (Freedom pp). The special committee rewrote the language somewhat, adding other provisions from Madison's draft,…… [Read More]

Work Cited

U.S. Constitution: First Amendment

http://caselaw.lp.findlaw.com/data/constitution/amendment01/

Freedom of Expression: Speech and Press.

http://caselaw.lp.findlaw.com/data/constitution/amendment01/06.html#1
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Media Law Argue Against Discuss 1st Amendment

Words: 2137 Length: 7 Pages Document Type: Essay Paper #: 40736189

MEDIA LA: Argue Against: Discuss 1st amendment implications Family Prevention Tobacco Act 2009. Are tobacco

The Family Prevention Tobacco Act of 2009 was one of the more controversial pieces of legislature passed in recent times, for the simple fact that it gave a great deal of authority to the Food and Drug Administration to limit the effectiveness of the tobacco industry and its various companies to sell its products. There are multiple components of this legislation, which encompass various aspects of sales, advertising, inspections and registration of new products on the part of manufacturers. Among the many points of dissension that individual and collective entities within this industry claim regarding this legislation is that it limits their First Amendment right of freedom of speech. A thorough examination of the spirit and the lettering of this act, however, reveals that of its many different components, only one (that pertaining to advertising)…… [Read More]

Works Cited

No author. "Tobacco Controls Have Public Health Impact." Centers for Disease Control and Prevention. 2011. Web. http://www.cdc.gov/Features/TobaccoControls/

Sifferland, Alexandria. "Colorful Ways Tobacco Industry May Be Skirting Labeling Rules." Time. 2013. Web.  http://healthland.time.com/2013/03/15/colorful-way-tobacco-industry-may-be-skirting-labeling-rules/ 

U.S. Food and Drug Administration. "Overview of the Family Smoking Prevention and Tobacco Control Act: Consumer fact Sheet." U.S. Department of Health and Human Services. 2013. Web.  http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/ucm246129.htm
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Right to Privacy 1st Amendment the Parameters

Words: 703 Length: 2 Pages Document Type: Essay Paper #: 69327300

ight to Privacy, 1st Amendment

The parameters of one's right to privacy have long been a subject of controversy and while the Constitution does not expressly guarantee one's right to privacy, there are several amendments that were designed to protect specific, private rights of citizens. One of the amendments that seek to protect the private rights of citizens is the First Amendment. However, controversies have arisen that have required the Supreme Court to impose limitations on an individual who is exercising his or her rights under the First Amendment.

The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. Const. amend. I). As stated in the First Amendment, one is…… [Read More]

References

Hustler Magazine v. Falwell. (1988). The Oyez Project at IIT Chicago -- Kent College of Law.

Retrieved 7 July 2012, from http://www.oyez.org/cases/1980-1989/1987/1987_86_1278/

Notable First Amendment Court Cases. (2012). American Library Association. Retrieved 7 July

2012, from http://www.ala.org/offices/oif/firstamendment/courtcases/courtcases
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2nd Amendments According to the

Words: 581 Length: 2 Pages Document Type: Essay Paper #: 91785289



The freedom of speech has also come under attack, most recently when a reporter was jailed for refusing to expose her sources. The amendment mentions "free exercise" of the right to say what one wishes or print what one wishes; however, if a person was to publicly endorse the assassination of the President, that person would be quickly arrested and most likely thrown in jail, an act that stands in deep conflict with the idea of "free exercise."

The Second Amendment has also become the center of attention regarding a person's right to own firearms and issues related to gun control. The National Rifle Association (NRA) highly endorses the 2nd Amendment and goes to great lengths to lobby Congress for less restrictive measures related to owning specific kinds of firearms, such as machine guns, AK-47's and other high-powered weapons. With handguns, a good number of legal efforts in recent years…… [Read More]

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21st Amendment and Its Impact

Words: 1727 Length: 6 Pages Document Type: Essay Paper #: 15865460

S. Constitution began yet another short-lived experiment with prohibition, only this time it was on a national level. hen it went into effect in January 1920, efforts to repeal the 18th Amendment began almost immediately. In a whirlwind of legislative activity, the 21st Amendment was ratified by the requisite number of states in record time. In their haste to repeal the 18th Amendment, though, lawmakers failed to consider the impact of section two as it might apply to interstate commerce in the Age of Information, but given the heated nature of the debate at the time, they can perhaps be forgiven this legislative oversight in the 21st century. All in all, though, the research clearly showed that the U.S. Constitution remains a living document that is capable of responding to changes in American society.

orks Cited

Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.

Eng, Gordon. (2003).…… [Read More]

Works Cited

Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.

Eng, Gordon. (2003). "Old Whine in a New Battle: Pragmatic Approaches to Balancing the Twenty-First Amendment, the Dormant Commerce Clause, and the Direct Shipping of Wine." Fordham Urban Law Journal 30(6):1849.

Kyvig, David E. Law, Alcohol, and Order: Perspectives on National Prohibition. Westport, CT: Greenwood Press, 1985.

Livingston, William S. Federalism and Constitutional Change. Oxford: Clarendon Press, 1956.
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Selective Incorporation Application Using the 1st Amendment

Words: 1286 Length: 4 Pages Document Type: Essay Paper #: 75765681

First Amendment

The doctrine of incorporation was traced to the Quincy ailroad vs. City of Chicago (1897) where the Supreme Court required state to offer compensation to the property appropriated by either the local government or state government. In the Gitlow v. New York (1925), the court also expressly held States to protect the freedom of speech. Since 1920s, the Court has been steadily incorporating a significant part of the Bill of ights.

The First Amendment is one of the basic provisions of Bill of ights, which is the backbone of American liberty that guarantees freedom of press, speech, religion, and petition. While some provisions of the First Amendment have been selectively incorporated into the Bill of ights, however, some provisions have still faced challenges in selectively incorporated. The doctrine of selective incorporation has led to a long lasting debate in the United States revealing whether the Bill of ights…… [Read More]

Reference

Patterson, T. (2012). We the People (10th Edition). McGraw-Hill Education
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1st Amendment Establishment of Religion

Words: 1434 Length: 3 Pages Document Type: Essay Paper #: 64435631



Jehovah's Witnesses are a good example of a religious entity that claims the right the First Amendment freedom of religion clauses. Jehovah's Witnesses may act as a thorn in many families across America, however, they have been the root cause of much of our freedom of religion laws. Jehovah's Witnesses brought many cases of religion to the court system in the 1930s and 1940s. Before then, the court system handled very few court cases regarding freedom of speech and freedom of religion. These cases formed the foundation of the First Amendment protection of all citizens.

The Court has attempted to create and implement a system for determining church and state decisions. This is accomplished with a three-part test for laws dealing with religious establishment. The determination if the law is constitutional is this: does it have a secular purpose? It should not advance or inhibit religion. Finally, it cannot foster…… [Read More]

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Religious Liberty as Stated in the First

Words: 2471 Length: 8 Pages Document Type: Essay Paper #: 42497451

eligious Liberty as Stated in the First Amendment

eligious Liberty

The practical and legal ramifications of religious liberty are not difficult to determine, for they follow from the theological implications of the concept of religious liberty. The idea of religious truth, such as defined by the North Carolina state government in 1776 which forbade anyone from serving who denied the truth of the Protestant religion, has no place in a country that holds religious liberty as law. Yet, religious liberty has not always been practiced, as North Carolina and Maryland (which was officially declared an Anglican state in 1692) both show. Today, the first amendment has been ratified to make such claims untenable. Nonetheless, many scholars question whether religious liberty itself is defensible. By acknowledging the right of religions to be exercised publicly, the U.S. constitution sets the stage for a massive fight between various and contending religious beliefs, which…… [Read More]

Reference List

Associated Press. (2011). High Court Rules Against Fallen Marine's Father In Funeral

Protest Suit. KWTX. Retrieved from  http://www.kwtx.com/home/headlines/High_Court_Rules_Against_Fallen_Marines_Father_In_Funeral_Protest_Suit_117242333.html 

De Tocqueville, A. (1838). Democracy in America. (H. Reeve, Trans.). New York,

NY: George Adlard. (Original work published 1835). Retrieved from http://books.google.com/books?id=DUAvAAAAYAAJ&printsec=frontcover#
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Appellant Brief - Prisoners' First

Words: 3496 Length: 13 Pages Document Type: Essay Paper #: 38213927

M. Lin's release from MCF has had the effect of rendering his lawsuit moot. In this case, M. Lin was incarcerated at the time the lawsuit was filed, but not at the time it is being decided. Thus, M. Lin's cause of action fails on the issue of mootness. Additionally, of the six members whom were denied visitation privileges, five of them have had sons which whom were formerly incarcerated at MCF, but now have been released. The son of the sixth MOM member asserting denial of visitation privileges died after his release from MCF. Thus, all of the six members of MOM claims will fail as a result of mootness.

C. RIPENESS

AUTHORITY

The controversy must be ripe for decision; ripeness bars consideration of claims before they have fully developed. A case may be dismissed as unripe where a statute has never been enforced and there is no real…… [Read More]

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Nklenske Protection the First Thing

Words: 719 Length: 2 Pages Document Type: Essay Paper #: 74761354

My overall advice to Mr. Smith would be that he has a weak case, at best.

Question Two:

To evaluate whether Susie has a valid equal protection claim, one must start by determining whether the city ordinance is a state action. As a city is a branch of the state, the smoking ordinance would be considered a state action. The next step is to determine whether she belongs to a suspect class or whether a fundamental right is being violated. Although being a woman places her in a quasi-suspect class, this ordinance does not involve a distinction between the genders. Instead the issue is between smokers and non-smokers and as such, there is no suspect class involved. Furthermore, there is no fundamental right involved as neither the right to smoke or to open a business is considered a fundamental right. (Chemerinsky, 2002; p. 157).

Under these facts, the court will…… [Read More]

Bibliography

Barron, Jerome. (2005): Black Letter Outline on Constitutional Law. West Publishing.

Chemerinsky, Erwin. (2002): Constitutional Law: Principles and Policies. Fredericksburg: Aspen.

Graham, Francis. (2003): Equal Protection: Rights and Liberties Under the Law. New York: ABC-CLIO Inc.

Korematsu v. U.S., 584 F.Supp. 1406 (1984).
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Zelman vs Simmons-Harris the First

Words: 1019 Length: 3 Pages Document Type: Essay Paper #: 22327024

They should not expect taxpayers to carry religious as well as general education. Quality of education is another concern altogether. Everybody has the right to a high quality of education. But specific education such as religious instruction should not rest on the shoulders of the public.

It is true that everybody has the right to instruct their children according to the religious choices available. Providing public funding for this however entails a fundamental problem relating to tolerance. The American public is made up of a wide variety of groups in terms of religion, race and ethnicity. Funding for education is carried by taxpayers, regardless of creed or religious choice. Allowing such funding to be used for possible discriminatory choices is thus discriminatory in itself, although it is not seen as such by the Court.

The decision of the Court is explained by the exact argument of freedom of choice. The…… [Read More]

Sources

Cline, Austin. (2004). "Zelman vs. Simmons-Harris (2002): Supreme Court Decisions on Religious Liberty." About, Inc. http://www.about.com
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First Women's Movement

Words: 1539 Length: 6 Pages Document Type: Essay Paper #: 59674844

Women's Movement

During the early 19th century, advocacy for equal suffrage was conducted by few people. Frances Wright first publicly advocated womens suffrage in an extensive series of lectures. In 1836, Ernestine ose carried out a similar lecture series, which eventually resulted in a personal hearing before the New York Legislature. However, the petition contained only five signatures and was subsequently denied. The first true women's movement marks July 13, 1848 as its beginning. Elizabeth Cady Stanton and four female friends had a discussion regarding the limitations imposed upon them by society because of their gender. Several days later, this group picked a date to hold a convention to discuss the "social, civil, and religious condition and rights of woman." The gathering took place at the Wesleyan Chapel in Seneca Falls, New York on July 19 and 20, 1848 (Stodart, 1993).

Elizabeth Cady Stanton constructed a document entitled "Declaration of…… [Read More]

References

Hektor, L.M. (1994). Florence Nightingale and the women's movement: friend or foe? Nurs Inq, 1(1), 38-45.

Morgan, T.M. (2003). The education and medical practice of Dr. James McCune Smith (1813-1865), first black American to hold a medical degree. J Natl Med Assoc, 95(7), 603-614.

Ramirez, F.O., & McEneaney, E.H. (1997). From women's suffrage to reproduction rights? Cross-national considerations. Int J. Comp Sociol, 38(1-2), 6-24.

Stodart, K. (1993). Suffrage. A pioneer for nursing. Nurs NZ, 1(6), 28-29.
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Fourth Amendment it Is a Traditional Belief

Words: 1651 Length: 5 Pages Document Type: Essay Paper #: 16725417

Fourth Amendment

It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain. In short, the fourth amendment states that no private property could be searched or seized without a proper warrant; and a warrant could not be issued without due cause. Over time belief in this absolute principle has gradually softened and a number of exceptions to this rule have come into place. Police and other authorities have been given exceptions to this rule in certain circumstances and it is not uncommon for evidence, that was gathered without a warrant, to be accepted in a trial. This is the situation…… [Read More]

References

"Fourth Amendment: Search and Seizure." U.S. Government Printing Office.

Retrieved from http://www.gpo.gov/fdsys/pkg/GPO-CONAN-2002/pdf/GPO-

CONAN-2002-9-5.pdf

Georgia v. Randolph, 278 G. 614,604 S.E. 2d 835. (2006). Retrieved from http://www.law.cornell.edu/supremecourt/text/04-1067/#writing-ZS
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1st Amendment Issues a Highly Controversial Decision

Words: 655 Length: 2 Pages Document Type: Essay Paper #: 92056168

1st Amendment Issues

A highly controversial decision rendered on January 21st of this year by the Supreme Court, affirming the right of corporations and other organizations to enjoy consideration as "persons" and the 1st amendment protections afforded by that status, threatens to undermine the foundation of this country's democratic process. With their closely contested 5-4 decision in the case of Citizens United v. FEC, the high court's conservative members have effectively shattered existing precedent regarding the ability of corporations to channel shareholder funds to political campaigns. In their effort to protect the duly granted right of individuals to contribute money as a form of political speech and expression, the justices in the majority have effectively opened a Pandora's box of unintended consequences. By extending the rights held by individual citizens of this nation to corporate conglomerates and multinational entities, the Roberts court has redefined the menace of judicial activism once…… [Read More]

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Supreme Court Second Amendment Case

Words: 1678 Length: 5 Pages Document Type: Essay Paper #: 92259243

District of Columbia v. Heller Case Brief

Case Facts: The District of Columbia Code prohibited carrying an unregistered firearm and banned the registration of handguns through its provisions. However, the provisions granted the chief of police the liberty to grant one-year licenses for handguns. Additionally, the Code required individuals owning legitimately registered firearms to keep them unloaded and disassembled or with locked trigger unless they were in business places or being utilized for legalized recreational activities.

A special police officer in Washington, D.C., Dick Anthony Heller, was permitted to carry a handgun while on duty. He applied for a one-year registration license from the city of Washington for a handgun he wanted to keep at home. Based on the provisions of the District of Columbia Code, Heller's application was rejected. Consequently, he sued the District of Columbia on the premise that the provisions of this Code violated the Second Amendment.…… [Read More]

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Soil Amendments and Yellow Bean

Words: 2079 Length: 8 Pages Document Type: Essay Paper #: 67387035

Sugar and leaf litter appeared to have an inhibitory effect, except in the area of root mass. These results were similar to those obtained by Levy & Taylor (2003). Their study also found an inhibitory effect in treatments with municipal wastes and pulp mill wastes. Similar to the results of this study, their tests found that horse and mink manure resulted in the greatest improvement in plant growth. However, Muenchang and associates (2006) found the sugar mill by-products improved the nitrogen fixing ability of plants by encouraging the development of certain bacteria on the roots.

There are many field trials that are similar to those conducted in this study. Tuber yield and size were not affected significantly by the application of straw mulch on potatoes (Doring, et al., 2005). However, La Mondia and associates (1999) found that straw applied to potatoes increased yield in tubers exposed to certain potato pathogens.…… [Read More]

References

Doring, T., Brandt, M., Heb, J., Finckh, M., & Saucke, H. (2005). Effects of straw mulch on soil nitrate dynamics, weeds, yield and soil erosion in organically grown potatoes. Field Crop Research, 238-249.

Hameeda, B., Harini, G., Rupela, P. & Reddy, G. (2006). Effect of composts or vermicomposts on sorghum growth and micorrhizal colonization. African Journal of Biotechnology. 6 (1), 9-12.

Kim, K., Nemec, S., & Musson, G. (1997). Control of Phytophtora root and crown rot of bell pepper with composts and soil amendments in greenhouse. Applied Soil Ecology. 5, 169- 179.

La Mondia, J., Gent, M., Ferrandino, F., & Elmer, W. (1999). Effect of compost amendment or straw mulch on potato early dying disease. Plant Disease. 83: 361-366.
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Fourth Amendment the Right of the People

Words: 580 Length: 2 Pages Document Type: Essay Paper #: 127143

Fourth Amendment

"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]

Olmstead v. U.S.

Analyzing the stated language of the Fourth Amendment there is not an explicit definition of what constitutes an unreasonable search and seizure; only a generalized guarantee of protection against government intrusion. Prior to the Olmstead case in 1928 the Court had not commented substantively into Fourth amendment matters, the exception being Weeks v. U.S. In which the "the exclusionary rule was born; the exclusionary rule forbids the use of illegally obtained evidence in a criminal trial" (Fourth Amendment summaries.com. N.D.). The Court in Olmstead looked to more specifically identify the precise meaning of the reasonableness of search and seizure by government authorities. The case which involved "wiretaps of the basement of Olmstead's building (where he maintained an office) and in the streets near his home" (Oyez.org. N.D.) led the Court to consider the question of whether "the use of evidence disclosed in wiretapped private telephone conversations, violate the recorded party's Fourth and Fifth Amendments?" (Oyez.org. N.D.).

The Court's decision upholding a lower court conviction of Olmstead on bootlegging charges must be placed in the context of the nation's prohibition of alcohol and the government's attempts to enforce the 18th Amendment. As such the Court's opinion reflects a need for officers to utilize means necessary to collect "evidence of a conspiracy to violate the Prohibition Act" (Cornell University Law School. N.D.). The majority opinion reads the Fourth Amendment narrowly across several key areas. First, the wiretapping of "the basement of a large office building and on public streets" (Cornell University Law School. N.D.) did not constitute "trespass upon any property of the defendants" (Cornell University Law School. N.D.). Here the Court articulates a standard that a search is reasonable provided it does not "refer to an actual physical examination of one's person, papers, tangible material effects, or home" (Oyez.org. N.D.). Because none of Olmstead's personal property had been intruded upon, no unreasonable search had been committed. Second, the Court reasoned that wiretapping did not constitute a search because the protection of "the people to be secure in their persons, houses, papers, and effects" does not include the protection of "their conversations" (Oyez.org. N.D.). Lastly, "the wiretaps did not violate the Fourth Amendment because there had been no physical intrusion" (Law.JRank.org. N.D.) into areas which would be considered constitutionally protected. In identifying these markers, the Court's narrow constriction of the reading of the Fourth Amendment indicates the "interest of liberty will not justify enlarging
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Criminal Justice the 6th Amendment

Words: 1034 Length: 3 Pages Document Type: Essay Paper #: 77741388

Outside of court, this takes place by way of affidavits and depositions (Sanders, 2007).

The Amendment's final part assures the accused person the right to aid of counsel. Legal representation was once a benefit only accessible to the rich. The poor were frequently left to their own devices in English courts. While defendants in America can decide to represent themselves, the right to counsel gives one the right to gratis legal help. In criminal trials, poor defendants are given legal counsel. Nationwide, community legal services, legal aid societies and other factions help the poor deal with civil issues. No matter how well the founding fathers' accomplished on their plan, our judicial system is not ideal. It is well-known that injustices and frustrations are daily legal incidences. Even so, the framers made enormous progress for daily citizens through the 6th Amendment to make sure American courts truly are the people's courts…… [Read More]

References

Sixth Amendment. (2011). Retrieved April 4, 2011, from Web site:

 http://www.lectlaw.com/def2/s107.htm 

Sanders, Monica. (2007). The People's Court: Understanding the 6th Amendment. Retrieved April 4, 2011, from Web site: http://www.legalzoom.com/us-law/equal-protection/peoples-court-understanding

The 6th Amendment. (2011). Retrieved April 4, 2011, from Web site: http://www.revolutionary-
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Fourth Amendment Protection The Homeless

Words: 1733 Length: 5 Pages Document Type: Essay Paper #: 47623280

" The full force and authority of a regular police officer is necessary to make such an intrusion. Yet, such a police officer would not be able to summarily search or seize on the premises of a regular home. The homeless person's effects are; therefore, protected from unlawful search and seizure.

orks Cited

http://www.questia.com/PM.qst?a=o&d=5020427742

Citron, Eric F. "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext." Yale Law Journal 116.5 (2007): 1072+.

A www.questia.com/PM.qst?a=o&d=5000281312

Greenhalgh, illiam ., and Mark J. Yost. "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's arrant Clause." American Criminal Law Review 31.4 (1994): 1013-1098.

A www.questia.com/PM.qst?a=o&d=5008791036

Joh, Elizabeth E. "The Paradox of Private Policing." Journal of Criminal Law and Criminology 95.1 (2004): 49+.

illiam . Greenhalgh, and Mark J. Yost, "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's arrant Clause,"…… [Read More]

Works Cited

http://www.questia.com/PM.qst?a=o&d=5020427742

Citron, Eric F. "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext." Yale Law Journal 116.5 (2007): 1072+.

A www.questia.com/PM.qst?a=o&d=5000281312

Greenhalgh, William W., and Mark J. Yost. "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's Warrant Clause." American Criminal Law Review 31.4 (1994): 1013-1098.
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Personhood Amendment in Mississippi Judith Jarvis Thomson's

Words: 776 Length: 2 Pages Document Type: Essay Paper #: 90927186

Personhood Amendment in Mississippi

Judith Jarvis Thomson's essay "A Defense of Abortion" and the proposed Mississippi Constitutional Amendment

In Mississippi, a bill that advocated an extreme position on abortion rights was submitted to voters. It was ultimately rejected, despite the fact that Mississippi is a very conservative state. The constitutional amendment would have declared a fertilized human egg to be a legal person, not only equating abortion with murder under the law, but also making certain forms of birth control illegal (Eckholm 2011). It would have made using birth control, including IUDs and morning-after pills, which operate by detaching the fertilized embryo from the mother's womb, a legal for of murder.

Previous regulations of abortion placed restrictions upon when and where women could get abortions, or created parental consent laws. This amendment simply stated when life began: at fertilization. Even embryos in fertility clinics could be destroyed, according to the…… [Read More]

References

Eckholm, Eric. "Push for 'personhood' amendment." The New York Times. October 26, 2011.

[2 Dec 2011].

http://www.nytimes.com/2011/10/26/us/politics/personhood-amendments-would-ban-nearly-all-abortions.html?_r=1
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Fourth Amendment to the United

Words: 1160 Length: 4 Pages Document Type: Essay Paper #: 52223063

In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding all subjects to assist in these endeavors. he writs once issued remained in force throughout the lifetime of the sovereign and six months thereafter. When, upon the death of George II in 1760, the authorities were required to obtain the issuance of new writs, James Otis, who attacked such writs on libertarian grounds and who asserted the invalidity of the authorizing statutes because they conflicted with English constitutionalism, led opposition. Otis lost and the writs were issued and utilized, but his arguments were much cited in the colonies not only on the immediate subject but also with regard to judicial review.

he language of the provision which became the Fourth…… [Read More]

The language of the provision which became the Fourth Amendment underwent some modest changes on its passage through the Congress, and it is possible that the changes reflected more than a modest significance in the interpretation of the relationship of the two clauses. Madison's introduced version provided "The rights to be secured in their persons, their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized." As reported from committee, with an inadvertent omission corrected on the floor, the section was almost identical to the introduced version, and the House defeated a motion to substitute "and no warrant shall issue" for "by warrants issuing" in the committee draft. The word "secured" was changed to "secure" and the phrase "against unreasonable searches and seizures" was reinstated. In some fashion, the rejected amendment was inserted in the language before passage by the House and is the language of the ratified constitutional provision.

Not every incident where an officer ascertains information is considered a "search." An officer who views something which is publicly viewable, for instance, by looking through the window of a house from the street, is not conducting a "search" of the house. In Katz v. United States (1967), the Supreme Court ruled that there is no search unless an individual has an "expectation of privacy" and the expectation is "reasonable" - that is, it is one that society is prepared to recognize. So, for example, there is generally no search when officers look through garbage because there is no expectation that garbage is private. Similarly, there is no search where officers monitor what phone numbers an individual dials, although Congress has placed statutory restrictions on such monitoring. This doctrine sometimes leads to somewhat unexpected results; in Florida v. Riley (1989), the Supreme Court ruled that there was no expectation of privacy, and thus no search, where officers hovered in a helicopter 400 feet above a suspect's house and conducted surveillance. The Supreme Court has also ruled that there can be no expectation of privacy in illegal activity. Therefore, investigations that reveal only illegal activity, such as some use of drug sniffing dogs, are not searches.

The decision in Terry v. Ohio (1968) established that some brief seizures may be made without probable cause. If an officer has a reasonable suspicion that a crime has been committed or will soon be committed, that
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Consequences of Police Violating the 4th Amendment

Words: 606 Length: 2 Pages Document Type: Essay Paper #: 16532129

Fourth Amendment Violations

4th Amendment Violations

Fourth Amendment Violations and Recourse

The Fourth Amendment to the Constitution of the United States provides for "the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures…," but says nothing about what a court should do if those rights are violated. ("U.S. Constitution: Amendment 4") The Supreme Court of the United States has developed what is known as the "Exclusionary Rule," which bars any evidence obtained through an unconstitutional search from trial against the defendant. But his is not the only recourse for those who have been the victims of unconstitutional searches and seizures. The court has also decided that in certain cases, the victims may sue the authorities for damages in civil court.

It was in 1961, during the case of Mapp v. Ohio where the Supreme Court set the precedent that any…… [Read More]

Works Cited

Bivens v. Six Unknown Named Agents, 403 U.S. 38. Supreme Court of the United

States. 1971. Findlaw. Web. 6 Dec. 2012.

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=403&invol=388

Mapp v. Ohio, 367 U.S. 643. Supreme Court of the United States. 1961. Oyez Project
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Th Amendment to the U S Constitution Neither

Words: 945 Length: 3 Pages Document Type: Essay Paper #: 27869363

Th Amendment to the U.S. Constitution

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." (13 Amendment, Article 1, "U.S. Constitution")

Abraham Lincoln's 1863 "Emancipation Proclamation" stated "that all person's held as slaves' within the rebellious states 'are, and henceforward shall be free.'" ("Featured Documents") Many claim that Lincoln's real motivation in freeing the slaves was to politically outmaneuver the south internationally; to make the war about slavery thus keeping the Europeans from supporting the South. However, Lincoln's support of, and the adoption of the 13th amendment in 1865, seems to prove this wrong; Lincoln's real motivation was the end of slavery in the United States. But Lincoln issued his "Emancipation Proclamation" in the middle of a war, using his emergency war powers, and it was limited…… [Read More]

Works Cited

Feagin, Joe. "Excluding Blacks and Others From Housing: The Foundation of White Racism" Cityscape. Web 14 May 2011. http://users.wfu.edu/yamaned/teaching/151/docs/feagin.pdf

"Featured Documents: The Emancipation Proclamation." National Archives and Records Administration. Web 14 May 2011.

www.archives.gov/exhibits/featured_documents/emancipation_proclamation/

"The United States Constitution - The U.S. Constitution Online - USConstitution.net." Index Page -- the U.S. Constitution Online - USConstitution.net. Web 14 May 2011.  http://www.usconstitution.net/const.html
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Nineteenth Amendment to the Constitution

Words: 701 Length: 2 Pages Document Type: Essay Paper #: 78787461

It is interesting to note that members of Congress would introduce this bill every year for 41 years, with exactly the same wording, until it finally passed (Linder).

One big step in the process were the states in the West who allowed women to vote. In 1890, Wyoming joined the union, and women had been voting there for many years. It is also interesting to note that it was the Senator from a western state, California, who first introduced the bill in 1878 (Kobach). In 1912, Theodore oosevelt, running for the Bull Moose Party, included women's voting rights in his party platform, which brought more positive attention to the matter. oosevelt lost the election, but the idea of women's rights had become to seem less offensive to many, and so, in 1920 the measure finally became law.

Thousands of women worked throughout that time to help gain support and understanding…… [Read More]

References

Editors. "Nineteenth Amendment." Archives.gov. 2007. 28 Feb. 2007. http://www.archives.gov/national-archives-experience/charters/constitution_amendment_19.html

Kobach, Kris. "Woman Suffrage and the 19th Amendment." University of Missouri. 2007. 28 Feb. 2007. http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/nineteenthkobach.html

Linder, Doug. "Women's Fight for the Vote: The Nineteenth Amendment." University of Missouri. 2007. 28 Feb. 2007. http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/nineteentham.htm
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Implication of the Amendments

Words: 1867 Length: 6 Pages Document Type: Essay Paper #: 15532034

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…… [Read More]

References

Hole R.,. "The American Declaration of Independence of July 4th, 1776." 2001. Web

October 16, 2014 from  http://www.historytoday.com/robert-hole/american-declaration-independence-july-4th-1776 

Johnson K.V. & Watson E. "The W.E.B. DuBois and Booker T. Washington Debate: Effects upon African-American Roles in Engineering and Engineering Technology, 2014. Web. October 16, 2014 from http://scholar.lib.vt.edu/ejournals/JOTS/v30/v30n4/pdf/johnson

National Archives & Records Administration. The Emancipation Proclamation January
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Fourth Amendment and Court Jurisdiction Based on

Words: 942 Length: 3 Pages Document Type: Essay Paper #: 35131416

Fourth Amendment and Court Jurisdiction

Based on the Fourth Amendment to the U.S. Constitution citizens have a right to 'be secure in their persons'. eferring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Stevens, dissenting LectLaw, 2011). The definition implies that people cannot be detained or intruded upon by police or other law enforcement without a reasonable cause. It is a protection to acknowledge a citizen's rights under a higher authority or power that they must submit to. The Constitutional intent may be at odds with law enforcement because it protects the people by prohibiting the law to intrude even if the person(s) is a known criminal unless there is a reason (Wolfish, 441 U.S. At 595 Stevens, dissenting Lect Law, 2011).

For law enforcement to seize or detain a citizen there must be a reasonable cause. There are many court cases that have precedent…… [Read More]

References

Cornell Law. (1971). U.S. v. U.S. District Court. Retrieved August 6, 2011 from http://www. law. cornell. edu/supct/html/historics/USSC_CR_0407_0297_ZO. html

LectLaw Library. (2011). Fourth Amendment U.S. Constitution. Retrieved August 6,

2011 from http://www. lectlaw. com/def/f081. htm

U.S. Legal. (2011). Writ of Certiorari. Retrieved August 6, 2011 from http://www. lectlaw. com/articles/at0037. htm
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U S Constitution This Very First

Words: 870 Length: 3 Pages Document Type: Essay Paper #: 29219113

Congress will assemble at least one a year, beginning on the first Monday in December.

Section 5: Congress must have a minimum number of members in attendance in order to meet, and that it has the authority to fine those who don't show up. Members may be expelled if there is disorderly behavior or if the rules of proceedings are violated. The concurrence of 2/3 majority can expel a member from Congress. A journal of proceedings must be kept to record what goes on and votes that are made. Neither house can adjourn without the direct permission of the other.

Section 6: Members of the Congress will be paid for their services. They will have immunity from arrest and freedom of speech while in office unless they commit treason, which is a felony, or a breach of the peace. While in office, no member of Congress may accept another office…… [Read More]

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Women First Wave Susan B

Words: 1812 Length: 6 Pages Document Type: Essay Paper #: 15247087

She is the daughter of Alice Walker, who wrote the Color Purple. She took her mother's maiden name at the age of 18. Rebecca graduated cum laude from Yale University in 1993, and moved on to co-found the Third Wave Foundation. She is considered to be one of the founding leaders of third-wave feminism. In addition to her contributing editorship for Ms. Magazine, Walker's work has also been published by Harper's, Essence, Glamour, Interview, Buddhadharma, Vibe, Child, and Mademoiselle magazines. Her relationship with her mother has been strained because of various public indictments the younger Walker made against her. Nevertheless, some believe that Rebecca might not have been as famous or powerful today without her ties to the illustrious Alice Walker.

Jennifer Baumgardner is a prominent voice for women and girls. She works as a writer, speaker and activist. During 1993-1997, she worked as the youngest editor at Ms. Magazine,…… [Read More]

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Enactment of the 19th Amendment XIX

Words: 2910 Length: 8 Pages Document Type: Essay Paper #: 86545023

Amendment XIX
Enactment of Amendment XIX and its contribution to the achievement of equal female rights

The enactment of the 19th amendment empowered women on many fronts. They were allowed to vote and consequently seized the opportunity to influence political decisions. The enactment saw the legalization of contraception and even abortion. There was economic empowerment too in the process. The more common availability of reproductive services and education doors increasingly opening up, more women enrolled in education institutions sought higher education. These developments also ushered in an era in which women began to occupy sensitive professional positions in the society. The amendment aimed at giving hope to all women. African-American women sought to link suffrage to race and gender across the country; so as to make sure that the benefits were not just paper-based policies, but practical processes for actual empowerment. Indeed, the African-American women believed that taking part in…… [Read More]

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Evolution of the 4th Amendment

Words: 1847 Length: 7 Pages Document Type: Essay Paper #: 30405120

invasion of privacy under the fourth amendment. It briefly looks into the changes that have come about in this law and also the way that it is enforced.

The invasion of privacy is something that is taken very seriously in the United States of America and it is for this reason that the fourth amendment encompasses all areas in this respect, and safeguards the rights of all individuals. Although it is not very clear if this law is uniform or not because there appear to be cases where there has been exceptions to what the 4th amendment really says. For the past thirty years or more, innocent people traveling in different states have been pestered through no fault of their own. The police however believe that it is through this means of spot-checking that they have been largely successful at recovering weapons and drugs being transported around the country. ut…… [Read More]

Bibliography:

1. Erowid The 4th Amendment and Related Supreme Court Decisions, 2002 http://www.erowid.org/freedom/police/police_supreme4th.shtml

2. Author not available, Landmark Legal Opinions, 2002 http://www.questioneddocuments.com/legal.html

3. Author not available, Supreme Court Cases and Decisions, 2002 http://members.rotfl.com/accox/nbsuprem.html

4. Author not available, Knowles vs. Iowa, 2002 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=000&invol=97-7597