Violation of constitutional rights may be different, and more serious than the violations of statutory or contractual rights. There is no clear demarcation however, where one violation begins and ends, and when one violation should attract desperate remedies. In employment matters for instance, the contract of employment should be the entry point. The terms and conditions of the employment in the contract, govern the employment relationship, except to the extent to which the terms are contrary to the law; or have been superseded by statute. The constitution should not be turned to thoroughfare for resolution of every kind of common grievance.
In matters of jurisdiction, it is set trite that jurisdiction is everything and without it, no Court
After the American Revolution, America had earned it’s freedom from Britain. In order to govern this new country the Articles of Confederation was created. This document was flawed by the colonists fear of putting too much power into a central government. Knowing the document needed to be fixed a constitutional convention was called. The document created at this convention has been our constitution ever since. But even the Constitution was meet with criticism. One major concern when writing the constitution was how to protect the citizens rights. The Constitution did this through the preamble, the legislative process, the limit of presidential terms, the judicial branch, and the bill of rights.
The Constitution guarantees that no person shall be deprived of life, liberty, or property without being taken to court for a fair trial, but that means nothing if the people are not willing to uphold it (Fifth Amendment).
Typically the most basic civil liberties are found in a country’s bill of rights and then that country passes amendments as needed in order to grow the peoples’ civil liberties, or shrink them if need be. Now, in the case of the United States the people are not “granted“ civil liberties by the...
The Constitution lays out the rights and obligations of the newly formed United States government. But, what of the rights and obligations of its citizens? Starting in 1791, only two years after the Constitution was ratified, the Constitution began to evolve and this process continues to this day. The first ten amendments to the Constitution are known as the Bill of Rights. This Bill of Rights outlines the protections citizens have from the government of the United States.
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
A great deal of bills have been written and passed as legislation under the pretense that they would better outline the citizen’ rights and ensure their freedoms. Yet occasionally these laws are created with disregard to what is stated in our Constitution. At times they distort and twist the original meaning of the work, counter acting the purpose of creating the Amendments. The intention of Amendments was to be an outline of the rights of the people. They were to ensure that there would not be a repeat of what the framers had experienced when they set out on their mission to draft a document that would govern our country for years to come. Little by little our elected officials have been discounting our Constitution. There are many resulting repercussions; the most dear to everyone being the individuals rights. The end result of these interpretations being that our people are hurt, as we are slowly being stripped of our rights as U.S. citizens.
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
Furthermore, these seven amendments that I have covered are not all fundamental rights that the Federal government has given to us. The Supreme Court uses selective incorporation to determine which one they believe the framers intended us to have, but I believe that they should all be fundamental rights. That’s the whole reason I believe the Bill of Rights was drafted in the first place. The states and the individual people wanted to be protected with all these rights. In the end, the Bill of Rights and Constitution is an ongoing issues in our courts today and will be because everyone has their own interpretation of the language that was used.
Throughout the years there have been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented, they typically start off as disputes, misunderstandings, or failure to comply, among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved.
Hey, Professor Farris, personal property has long been overlooked in the Fourth Amendment jurisprudence. The Constitution expressly protects the right of the people to be secured; however, the Fourth Amendment rules for searches of effects are comparatively underdeveloped. (Brady, 2016) I believe the right to privacy is affected by the property. Courts hold privacy in personal property that is unattended in public space. When an individual’s personal property is not located in their home or pocket, search law provides some code to whether the property is entitled to the Fourth Amendment. Law enforcement officers search people they come in contact with during arrest; nevertheless, officers search the individual for their safety. The Fourth Amendment
Since the beginning of American history, citizens who resided the country lacked the basic civil rights and liberties that humans deserved. Different races and ethnicities were treated unfairly. Voting rights were denied to anyone who was not a rich, white male. Women were harassed by their bosses and expected to take care of everything household related. Life was not all that pretty throughout America’s past, but thankfully overtime American citizens’ civil liberties and rights expanded – granting Americans true freedom.
Two hundred and twenty five years ago, a document was added to our constitution granting us five ideals. This document was called the Bill of Rights, which granted us the basic rights of opportunity, liberty, equality, democracy and rights. Since the Bill of Rights was added, not all of the ideals have been obeyed consistently. Liberty, rights, and democracy have been followed well throughout the years, but opportunity and equality have fluctuated. Although the constitution and bill of rights says every american should be granted with these ideals, some americans simply did not make that so.
According to the U.S. constitution, fundamental rights hold a special significance under the Fifth and Fourteenth amendments. The Fourteenth amendment states that, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without Due Process of law; nor deny to any person within its ju...