More handpicked essays just for you.
What is the importance of the first and fourth amendment
Process for amending the us constitution
Essays on why the 4th amendment is important
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Amending the Constitution In The United States Of America, the Constitution is recognized as the Supreme law of the land. The Supremecy clause in Article VI of the Constitution establishes that Federal law is supreme when there are conflicts between State and Federal Law. Since the inception of the Constitution in 1788, only 27 amendments have been added to improve, correct, or revise the Constitution out of the thousands that have been discussed. In July 2017, Equifax announced that they had a major data breach, allowing hackers to obtain sensitive information from over 130 million Americans. Although the 4th amendment limits how government entities can obtain sensitive information, there is nothing in the Constitution preventing companies
Abraham Lincoln became the United States ' 16th President in 1861, delivering the Emancipation Proclamation that declared forever free those slaves within the Confederacy in 1863. If there is a part of the United States History that best characterizes it, is the interminable fight for the Civil Rights. This he stated most movingly in dedicating the military cemetery at Gettysburg: "that we here highly resolve that these dead shall not have died in vain--that this nation, under God, shall have a new birth of freedom--and that government of the people, by the people, for the people, shall not perish from the earth. "The Declaration of Independence states “All men are created equal”.
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, 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" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
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 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
Through the years many changes have taken place, and technologies have been discovered, yet our Constitution remains. Some say that the Constitution was written for people hundreds of years ago, and in turn is out of step with the times. Yet its principals and guidelines have held thus far. The framers would be pleases that their great planning and thought have been implemented up until this point. However this does not compensate for the fact, that the we the people have empowered the government more so than our fore fathers had intended. Citizens were entrusted with the duty to oversee the government, yet so many times they are disinterested and only seem to have an opinion when the government’s implications affect them. As time has changed so has the American people, we often interpret our freedoms in a self serving manner, disregarding the good of the whole and also the good for the future. Thus there are no true flaws in the Constitution, it appears that the conflict emerges in the individual and their self, and poses question when we must decide when to compromise the morals that our Constitution was founded on, or when to stick to what we know is right and honest.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The Antifederalists were extremely concerned that the national government would trample their rights. Rhode Island and North Carolina refused to ratify until the framers added the Bill of Rights. These first ten amendments outlined things that the government could not do to its people. They are as such:
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.” –U.S. Constitutional Amendments
The Bill of Rights are the first ten Amendments to the Constitution. The Bill of Rights works to provide constitutional protection for the individual and to limit government power. The First Amendment and the Sixth Amendment protects the individual by allowing religious and political freedom, and by promising a public and speedy trial. The Fourth Amendment protects the individual’s privacy and limits the reach of the government into people’s homes and personal belongings. The three essential Amendments from the Bill of Rights are: the First Amendment- Religious and Political freedom: the Fourth Amendment- Search and Seizure: and the Sixth Amendment-Criminal Court Procedures.
The 19th amendment of the constitution states, “Prohibits the denial of the right to vote based on sex.” The date submitted was June, 4, 1919 and was completed on August 18, 1920. The ratification time span was 1 year, 2 months and 14 days. The background on this amendment was until 1910, most states in the United States did not allow women to vote.
In the American constitution the fourth amendment reads as follows; 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. The fourth amendment protects personal privacy and every citizen’s right to be free from unreasonable government intrusion into their homes, businesses, and personal lives. However, when the fourth amendment was written by America’s founders, the world was a very different place with limited technology. The amendment does not specifically cover telephones or computers leaving the issue up to the courts. There have been recent articles about warrantless wiretapping in the name of national security against terrorism.
The issue is whether there was a 4th Amendment and 6th Amendment violation in the search of the car and the subsequent confession.
The United States Constitution is the most fundamentally important document to the U.S. government. This is because the constitution serves to outline the ultimate set of laws and the basic structure of the American governmental system. Each article and amendment serves a distinct and vital purpose in achieving the goal of creating a more perfect union as stated in the preamble. However, recently the expiration of the Patriot Act and subsequent passage of the USA Freedom Act have thrust the 4th Amendment into theThe 4th Amendment provides the chief means of protection of an individual’s right to privacy. It also stands to ensure that every person has the right to live free of indiscriminate interference by government officials. While an
The eighth amendment of the U.S Constitution has been a key part to the justice system from the moment it was created. It provides the basic rights that everyone deserves. The eighth amendment is very important because it guarantees many “freedom from” rights. For example, it protects Americans from cruel and unusual punishments. Without the eighth amendment many people would be punished in an inhumane manner based on the morals of the judge. The eighth amendment is crucial to the U.S Constitution because it promises that all citizens are guaranteed their rights, including the citizens who are felons and display criminal acts.
In September 25, 1789, the First Amendment protects people’s privacy of beliefs without government intrusion. The Fourth Amendment protects one’s person and possessions from unreasonable searches and seizures. On February 1, 1886 in Boyd v. U.S. Supreme Court recognized the protection of privacy interests under the Fourth and Fifth Amendments of the U.S. Constitution. In the 1890s, the legal concept of pr... ... middle of paper ... ...