Modern Interpretation of The First Amendment Essay

Modern Interpretation of The First Amendment Essay

Length: 1663 words (4.8 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

Modern Interpretation of The First Amendment

The first Amendment of the United States Constitution says; “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.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.

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.

There are two freedoms that seem to cause the most contention, the first being freedom of press and the second being the freedom of religion.

“ It remains to be noted that none of the great constitutional rights of conscience, however vital to a free society is absolute in character. Thus, while the constitutional guarantee of freedom of religion goes a long way, it does not serve to protect acts judged to be morally licentious, such as poly amorous marriages. Children cannot be required to execute the flag salute which is forbidden by religious belief… Similarly freedom of speech, often defended by the courts, does not extend to the seditious utteran...


... middle of paper ...


...
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.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Pornography: Prostitution or First Amendment Right Essay

- There is a knock on the door A young woman is sitting on the bed; she is desperate, a mess. She tells the person at the door to come in. She has been sold to this man for the night, to do whatever he commands. He tells her what he wants and begins to unbuckle his belt. After a while everything is quiet, except the rustling of clothes being put on. The woman lies on the bed in shame as the man dresses and throws a wad of cash towards the young woman. In another place is a studio. In the studio a woman is sitting on a bed; she is nervous and desperate....   [tags: paid sexual relations, practices, penalties]

Strong Essays
1349 words (3.9 pages)

First Amendment Essay

- First Amendment The modern American conception of freedom of speech comes from the principles of freedom of the press, and freedom of religion as they developed in England, starting in the seventeenth century. The arguments of people like John Milton on the importance of an unlicensed press, and of people like John Locke on religious toleration, were all the beginning for the idea of the “freedom of speech”. By the year of 1791, when the First Amendment was ratified, the idea of “freedom of speech” was so widely accepted that it became the primary, and a very important issue in the amendment....   [tags: Governmental Freedom Constitution Essays]

Strong Essays
1308 words (3.7 pages)

Essay about Interpretation of the U.S. Constitution

- The Constitution of the United States is a complex idea, adopted at a fragile time in American history and is the framework for our government systems. There are different ways to view this document and different ways to interpret it, which can cause debate over the proper and correct way to go about interpretation. Justice Antonin Scalia and former Justice William Brennan, are two intellectuals with different methods and ideas about the correct way to interpret and enforce the Constitution. To understand how the Constitution works for the people of America, one must first understand about the Justices of the Supreme Court who have the power of enforcing the rules and regulations of Americas...   [tags: supreme court, justice, jury]

Strong Essays
1082 words (3.1 pages)

The Second Amendment Is Constitutional Or Unconstitutional Essay

- The Second Amendment has always been met with much debate on whether gun control is constitutional or unconstitutional. The framers of the Second Amendment have left many people with different opinions on what its true intent was. Charles L. Blek Jr. and Joseph Sorban have two different views with many over lapping ideas and use court rulings, Second Amendment history, and past events in their articles to help support their positions. Sobran believes that any legislation on gun control is a direct violation of the people’s constitutional rights and that everyone should be allowed to bear arms....   [tags: United States Constitution]

Strong Essays
719 words (2.1 pages)

Why The Pilgrims Really From The United States Essay examples

- Many wanted a better settlement, Pilgrims came to the United States in search of freedom of religion, search of something better and permanent. To be able to practice religious freedom. New England colonies “left Europe to worship God in a way they believed to be correct.” ( Religion and the Founding of the American Republic America as a Religious Refuge: The Seventeenth Century, Part 1. (n.d.). Retrieved October 12, 2016, from https://www.loc.gov/exhibits/religion/rel01.html) This religious persecution moved European settlers to the North American Colonies after many years of struggling for change, “ they decided it was time to separate from the Church of England and start anew”....   [tags: First Amendment to the United States Constitution]

Strong Essays
1183 words (3.4 pages)

Essay on John Rawls 's Political Ideology

- John Rawls’s political ideology further illuminates the significance of interpreting the First Amendment’s relationship with tolerance. In his book, Political Liberalism, he offers commentary on modern religious quarrels. Rawls suggests followers of many Christian based faiths in the U.S today insist their Christian ideals must be used to establish laws. Nonetheless, Rawls reminds his readers no all-inclusive doctrine compels the loyalty of all people and pluralism is an enduring feature in life....   [tags: First Amendment to the United States Constitution]

Strong Essays
1663 words (4.8 pages)

Essay on Constitutional Interpretation of Checks and Balances

- Constitutional Interpretation of Checks and Balances The problem of interpreting the Constitution and framer’s intent is a constantly permeating and troublesome question in the minds of Supreme Court Justices, judges, prominent politicians, and policy makers alike. It is a problem that has been pondered for years and years in the courtrooms and on paper with no real conclusion. One such essay arguing this dilemma is “How Not to Read the Constitution” by Laurence H. Tribe and Michael C. Dorf, who explore the questions “Is reading the text just a pretext for expressing the reader’s vision in the august, almost holy terms of constitutional law?” and “Is the Constitution simply a mirror in...   [tags: Papers]

Strong Essays
1683 words (4.8 pages)

Interpretation of A Feminist View on Pornography Essay

- Interpretation of A Feminist View on Pornography The article that I will be breaking down in the following paper is “Pornography, Civil Rights, and Speech” by Catherine A. MacKinnon. I believe the best area to start is to briefly describe MacKinnon and her article. MacKinnon is a professor of law at the University of Michigan. The article deals with the affects of pornography on society. MacKinnon feels that some pornography should be illegal. Her reason for this view is not that she finds it offensive, but rather that she considers it as a form of sexual discrimination....   [tags: Critique Rebuttal Essays]

Strong Essays
2118 words (6.1 pages)

Constitutional Interpretation Essay

- Constitutional Interpretation In this essay I will try to explain and critique the two dominant methods of constitutional interpretation. Which are originalism and non-originalism. I will do this by taking help from “How to Read the Constitution” by Christopher Wolfe, and different source’s from Internet. I will start by giving what Wolfe says originalism is, and then I will give some background to other ways to interpret the constitution, and the founders and interpretation and I will finish up with my view on originalism and non-originalism and the critics to that....   [tags: Papers]

Strong Essays
1025 words (2.9 pages)

Internet Privacy Is A Modern Issue Essay

- I agree that the constitution is a living and adaptable document that can address and accommodate legal decisions related to new and contemporary issues like internet privacy, intellectual property rights, gender identity, and environmental regulations that were not foreseeable by the framers. I agree with this because the constitution really is a living document that has grown with our country and the advances that have been made in technology. The constitution is the supreme law of the land and it is the source of all of the government’s powers....   [tags: Supreme Court of the United States, Law]

Strong Essays
1099 words (3.1 pages)