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The Fourteenth Amendment Of The United States

- ... Diseases spread quickly for slaves during this time period. For example, blindness and abdominal swelling and bowed legs were typical ailments. Plantation life for slaves was barely an improvement to the way of life for slaves. Slaves were clothed fed, and housed only. Slaves were objectified and humiliated especially during public auctions. The Thirteenth Amendment gave African Americans protection from this societal injustice. Overall the passage of the Thirteenth Amendment was a leap in the right direction for the battle for civil rights....   [tags: United States Constitution, American Civil War]

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The Fourteenth Amendment And The Right Of Marriage

- ... Wars, immigration, and industrialization have further contributed to perceptions of marriage. A person 's opinion of what a marriage is, or what a marriage should be, is created from all cultural, economic, political and historical events, which have preceded them (Coontz 7-8, 106). Some opinions become so strongly ingrained that it 's hard to separate civil marriage – one sanctioned by a government – from religious marriage – one blessed and approved according to religious doctrine. Yet, it is imperative to do so in considering homosexuals’ petition for marriage rights....   [tags: Marriage, Same-sex marriage, Homosexuality]

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Due Process Of The Fourteenth Amendment

- ... The due process clause guarantees respect to all citizens in the aspect that they will not unjustly lose their life, liberty, or property. Substantive and Procedural Due Process are two components of the Fifth Amendment. “Substantive Due process is the concept that the Due Process Clause includes substantive rights that limit the power of government to legislate” (Zalman 2011) Meaning that the creation of certain laws can be restricted by federal courts. Procedural Due Process (Procedural Law) is a law that prescribes the methods of enforcing rights that are breached and includes rules of jurisdiction and the serving of legal process and rules that guide the conduct of a trial....   [tags: Supreme Court of the United States]

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The Importance of the Fourteenth Amendment to the United States Constitution

- The importance of the Fourteenth Amendment to the United States Constitution is such that some have called it the amendment that “completed the Constitution.” When it was ratified on July 9th, 1868, the amendment became one of legislative cornerstones of the Reconstruction Era, a time in which the Radical Republicans, led by John A. Bingham and Thaddeus Stevens, promulgated a legislative program focused on providing racial equality before the law. Among the laws passed in the Reconstruction Era, the Fourteenth Amendment was one of the most controversial, with one Republican congressman, Representative A.J....   [tags: reconstruction era, 14th amendment]

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The Second Amendment And The Fourteenth Amendment

- ... Even though African Americans were now free and considered citizens thanks to the 13th and 14th amendments, they were still severely oppressed. While technically they had more rights and opportunities in the United Sates government than females, they did not truly receive them. The abolishment of slavery did not eradicate racism, which was still a huge problem in America. In the eyes of the feminists who supported the 15th amendment, they saw it as an opportunity for African American males to be able to make a bigger influence in American politics and hopefully lessen the oppression they were under....   [tags: African American, Black people, American Civil War]

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The Amendment Of The Fourteenth Amendment

- ... It was still a huge problem in America. Abolishment had been achieved in name and name only, because they were economically just as tyrannized as before. In the eyes of the feminists who supported the 15th amendment, they saw it as an opportunity for African American males to be able to make a bigger influence in American politics and hopefully lessen the iron fist they were under. With the ability to vote, the hope was that the rather large population of African American males would have the chance to make a real impact in society....   [tags: Black people, African American, American Civil War]

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The Fourteenth Amendment

- On a date that will be remembered forever as a step forward for our nation, July 28, 1868, the Fourteenth Amendment became part of the U.S. Constitution. The Fourteenth Amendment gave a new sense of hope and inspiration to a once oppressed people. It was conceived to be the foundation for restoring America to its great status and prosperity. The Amendment allowed “equal protection under the law”, no matter what race, religion, sex, sexual preference or social status. It was designed to protect the newly freed slaves....   [tags: Racism Equality Constitution Essays]

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The Fourteenth Amendment And The Bill Of Rights

- ... In contrast, if one state 's new programs or policies work well, other states can adopt them to their own needs. The Constitution and bill of rights talks about the concept of the 10th amendment ,reserved powers, the main concern of my research, which are set aside for the states. Unlike delegated powers, they are not exactly mentioned, but instead left up for interpretation by the tenth amendment which states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Reserved powers that are protected under the tenth amendment are the regulation of trade within a state in the U.S.,...   [tags: United States Constitution, American Civil War]

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The Fourteenth Amendment and Equality Under the Law

- The Fourteenth Amendment and Equality Under the Law The Fourteenth Amendment was adopted in 1868 as one of the longest amendments to the Constitution with five parts in total. The most significant part is section one. In the very first sentence of section one, . All persons born or naturalized in the United States and subject to the jurisdiction thereof, as citizens of the United States and of the state where in they reside. citizenship was universalized. The Amendment was designed to prohibit state governments from curtailing the rights of former slaves after the Civil War, however it has been used to grant all of the personal liberties and rights conveyed in the Bill of Rights....   [tags: Papers 14th Amendment History Essays ]

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Fourteenth Amendment to the US Constitution

- The Fourteenth Amendment What amendment to the United States constitution is considered to be illegally ratified. What amendment both grants the right to vote to men and then takes away that right to vote. If you answered the fourteenth amendment to both questions you would be right. Although most people think of the fourteenth amendment as being a "civil rights" amendment, it also defines citizenship, voting rights, and states congressional representatives and electors numbers. In this paper I will talk about how the passage of the fourteenth amendment was a relevant event in history, how it impacts our country today, how it is viewed as the civil rights amendment in our textbook, how it h...   [tags: Political Science]

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The Fourteenth Amendment : Is It Too Late Now For Say Sorry?

- ... Thaddeus Stevens, a Congressman from Pennsylvania, proposed the creation of the Joint Committee to investigate the Southern conditions and make proper changes. This committee eventually created the Fourteenth Amendment. While the Fourteenth Amendment’s main goal was to retain the results of the Civil War, other factors created a variety of different intentions all viewed and interpreted differently. Foremost, the framers wrote the amendment in a general sense so they would not leave out whatever they could not think of....   [tags: United States Constitution]

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Linda Brown vs. Board of Education of Topeka

- 1868 marked a proud year for African Americans with the passage of the Fourteenth Amendment to Constitution. It proclaimed 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 jurisdiction the equal protection of the laws.”1 This essentially color blinded government, and granted all citizens (a category which finally included African Americans) what is described in the document as indisputable equality....   [tags: the Fourteenth Amendment]

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Analysis Of Two Anti Miscegenation Cases

- The Statutes Analysis of two Anti-Miscegenation cases In the Loving v. Virginia, 388 US 1 (1967) is the landmark ruling that nullified anti-miscegenation laws in the United States. In June 1958, Mildred Loving, a black female, married Richard Loving, a white male, in Washington, DC. The couple traveled to Central Point, Virginia and their home was raided by the local police. The police charged the Loving’s of interracial marriage, a felony charge under Section 20-58 of the Virginia Code which prohibited interracial marriages....   [tags: Fourteenth Amendment to the US Constitution]

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A History Of Civil Rights And Liberties

- A History of Civil Rights and Liberties What are the differences between civil rights and civil liberties. The words right and liberty both appear in the Constitution and are being used interchangeably in modern times, yet they are two completely different concepts. Lowi, Ginserb, Shepsle and Ansolabehere, authors of the textbook American Government: Power and Purpose define civil liberties as “protections of citizens from improper governmental action” (104). They are activities or actions that citizens can engage in without fear of government intervention....   [tags: Fourteenth Amendment to the US Constitution]

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United States Supreme Court Cases

- ... “It was the first time it had struck down an act of Congress. Marshall wrote, ‘It is emphatically the province and duty’ of the courts ‘to say what the law is.’” (Sloan, Cliff, and McKean 1). The courts could now proclaim a law unconstitutional, and the Judiciary Branch gained power with this historic decision, creating a precedent for many more cases to come in the future. The second case is McCulloch v Maryland. The Second National Bank was established by Congress, in 1816. Maryland was not happy with the creation of the Second National Bank and, in 1818, passed laws levying taxes on the National Bank....   [tags: Fourteenth Amendment to the US Constitution]

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College Admission Vs. Affirmative Action

- ... Plessy allowed segregation that became standard in all the states. Both the whites and the blacks were supposed to receive the same public services such as schools and hospital facilities, but the separation broke some citizens’ heart. It was evident that in reality, the African-American children could not understand the segregation and felt less confident and happy compared to white children. Therefore, it is clear that the separate but equal doctrine was not upheld because the minority suffered its harm....   [tags: Fourteenth Amendment to the US Constitution]

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The US Constitution: The Difficulty of Adding an Amendment

- The United States Constitution is considered to be more concise as well as much older than the constitutions of other nations worldwide. Although the United States Constitution is mature, there are such a limited number of amendments that have been added to the Constitution since it was created. Only twenty-seven amendments, including the Bill of Rights, have been added to the Constitution since its creation. This is not due to amendments not being suggested, because over eleven thousand amendments have been contemplated; however, this is because the process of adding an amendment to the Constitution is an extremely long and difficult process....   [tags: american history, amendment]

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The Fourteenth Ammendment and the Fight for Equal Rights

- By the summer of 1865, the United States of America emerged from one struggle directly into another. After years of tension over state rights and slavery, the nation had exploded into a civil war, only to emerge bloodied but still intact. The question now was how to keep the nation intact, while protecting the freedmen and ensuring that the same powers that had ignited the war could come back to power. To Garrett Epps argues in his book Democracy Reborn: The Fourteenth amendment and the Fight for Equal Rights in Post-Civil War America that the 14th Amendment passed by the 39th Congress of the United States was the penultimate reaction to ensure that recently freed slaves were guaranteed the...   [tags: Post-Civil War America]

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Fifth Amendment and Double Jeopardy

- Fifth Amendment and Double Jeopardy Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials and possible convictions more then once for an alleged offense. The idea was not to give the State too much over the individual, this way no individual will be subject to embarrassment, expense, and ordeal against being tried for an alleged offense more then once....   [tags: Law Legal 5th Amendment]

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The US Constitution: One of the Best Documents Ever Made

- There is a constitution in every country to guide the government and to govern the people. With so many struggles facing the United States of America, one thing was for sure, change was needed. A universal law was needed to fix the government and make it more functional. The US Constitution becomes important because it directly states and explains natural born rights and limits the federal government. Both the government and people are bound to obey it. The constitution contains requirements to the powers and duties of government, Americans have been concerned with their rights, the right to practice religion however they wished was one of the primary reasons the first settlers came to Ameri...   [tags: the fourteenth ammendment]

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The Importance of the Thirteenth, Fourteenth, and Fifthteenth Amendendments

- ... This Amendment states that all persons born or naturalized in the United States , and subject to the jurisdiction thereof are citizens of the United States and of the state where in they reside. No State shall make or enforce any law which shall abridge the privilidges 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 jurisdiction the equal protection of laws. This Amenedment was particulary important during the time period in which it was ratified because even though African Americans were freed from slavery, they were still denied the same rights and liberti...   [tags: US Constitution analysis]

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Impact of the First and Fourteenth Amendments on Religious Freedoms

- Religion is an essential and complex facet of the American psyche. It plays a key role in supporting the ideal of American exceptionalism and has done so from Independence to the present day. Religion also plays a role in national identification through the “Americanisation” of religion. The emergence of transcendentalism, cults, evangelical sects, and Christian Zionism have all been a result of both the “Americanisation” of faith and American exceptionalism. The importance of religion to America as a nation, means that religion is granted certain freedoms that make passing laws regulating it difficult....   [tags: American exceptionalism, national identification]

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Against the Federal Marriage Amendment

- Against the Federal Marriage Amendment The word marriage means many things to many different people. To some people marriage is a religious ceremony, and should remain a religious union, without any interaction by the government. For others marriage is a legal contract, which should benefit both parties involved in the marriage. According, most people define marriage as “(1) the state of being united to a person of the opposite sex as a husband or wife in a consensual and contractual relationship recognized by law (2) the state of being united to a person of the same sex in a relationship like that of the traditional relationship.” Not only has the type of contract marriage i...   [tags: civil liberties, rhetorical essays]

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The Eighth Amendment to the U.S. Constitution

- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Eighth Amendment, 1791 The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment....   [tags: U.S. Law]

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The Second Amendment vs Gun Control

- President Barack Obama says we have an “obligation” to try anything that could save one child, but many people find this statement to be ridiculous. Gun control is thought of as a government policy or regulations to control or limit the sale and use of firearms. In the U.S. constitution, the 2nd Amendment states that a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Inside America today, gun control is a major issue, especially in the political arena....   [tags: Gun Control Essays]

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The Death Penalty: A Violation of 8th Amendment

- Don't you think that putting people to death is brutal. Wouldn't you rather have them stay in prison for the rest of their lives. In fact, it costs far more to execute a person then to keep him or her in prison for life. The EighthAmendment states that it prevents cruel and unusual punishment, and the death penalty is violating it. The Supreme Court case, McCleskey v. Kemp (1987) violates the Eighth Amendment purpose. Therefore, the death penalty clearly defies the Eighth Amendment and shouldn't be used for people who have convicted murder....   [tags: punishment, cruel, murder]

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The Heller Decision: Reaffirming the Second Amendment

- The Heller Decision: Reaffirming the Second Amendment Purpose: This paper aims to provide an analytic review of the background, context, and key decisions behind the Supreme Court’s ruling in the District of Columbia v. Heller case and explore the effects and impacts of their landmark decision and how it pertains to legal interpretations of the Second Amendment. BLUF Issue: The Supreme Court of the United States of America agreed to review the Second Amendment violation claims involved in the District of Columbia v....   [tags: District of Columbia v Heller Case]

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The First Amendment to the United States Constitution

- December 15, 1791 the First Amendment to the United States Constitution was ratified, guaranteeing that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech." At an absolute minimum, the Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion, such as existed in many other countries at the time of the nation's founding (University of Missouri-Kansas City, 2011)....   [tags: American History]

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The Case of Arizona v. Hicks of 1986

- The Case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask. The officers began to search the apartment without a warrant. As the officers continued searching, one of them (Officer Nelson) found some expensive stereo equipment....   [tags: Fourth or Fourteenth Amendments]

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Abortion and the Privacy Amendment

- Abortion and the Privacy Amendment A U.S. citizen's "right to privacy" was first discussed in an 1890 Harvard Law Review article in which two Boston lawyers, Louis Brandeis and Samuel Warren, defined it as "the right to be let alone." Since then, the right to privacy has provided the basis for a stream of revolutionary and controversial constitutional interpretations by courts across the United States, culminating in the U.S. Supreme Court's Roe v. Wade decision in 1973. Although decisions have come down in favor of a right to privacy, they are largely based on a broad and disputed interpretation of the Fourteenth Amendment....   [tags: Argumentative Persuasive Topics]

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Same Sex Marriage Is Protected By First Amendment

- ... It is totally same how the racial discrimination happens. On the other hand, nowadays no one believes this hypothesis since doctors officially announced it is unwarranted assumption which is made with hatred and prejudice. In 1973, American Psychiatric Association announced same-sex love is not a mental disease, and they deleted same-sex topic from the Diagnostic and Statistical Manual of Mental Disorders (DSM). In addition, in 1990, World Health Organization (WHO) deleted too from International Disease Classification (ICD)....   [tags: Supreme Court of the United States]

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Flag Burning and the First Amendment

-    Your First Amendment rights are extremely close to being violated by none other than the United States Congress. I refer to the Flag Desecration Bill that, if passed, would do irreparable damage to our right to free speech and undermine the very priniciples for which the American flag stands. Fortunately, West Virginians have an ally in Sen. Robert C. Byrd. Sen. Byrd, who previously favored the bill, now fights to protect our rights by stopping the passage of this bill. I applaud his stand and want to reinforce his position....   [tags: Argumentative Persuasive Topics]

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Reflections On The First Amendment

- Reflections on the First Amendment On December 15th, 1971, the first X amendments to the Constitution went into affect. The first X amendments to the constitution were known as the Bill of Rights. The First Amendment was written by James Madison because the American people were demanding a guarantee of their freedom. The First Amendment was put into place to protect American’s freedom of speech, freedom of religion, freedom of assembly and freedom of petition. The First Amendment was written as follows; “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...   [tags: Political Science]

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- EQUAL PROTECTION UNDER THE LAW In school especially, as well as throughout our daily lives, we learn in America to live by the idea of freedom and equality for all. We do not allow race, class, or creed to determine a person’s stature in the community. It may seem as if this is the standard of society, but these ideas of equality have been fought over since the beginning of written history, and even in America today, prejudice still exists. To address these and similar problems, the founding fathers of this nation created a Constitution which included laws that dealt with individual freedoms....   [tags: essays research papers]

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Mapp v. Ohio Fourth Amendment Case

- Mapp v. Ohio: Controversy of the Fourth Amendment Ms. Dollree Mapp and her daughter lived in Cleveland, Ohio. After receiving information that an individual wanted in connection with a recent bombing was hiding in Mapp's house, the Cleveland police knocked on her door and demanded entrance. Mapp called her attorney and subsequently refused to let the police in when they failed to produce a search warrant. After several hours of surveillance and the arrival of more officers, the police again sought entrance to the house....   [tags: essays research papers]

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Students Shoud NOT Have the Tight to Free Speech

- According to the First Amendment Center, located at Vanderbilt University and at Washington, D.C.’s Newseum, there are twelve categories of speech that are not protected by First Amendment rights. These are: “obscenity, fighting words, defamation (libel, slander), child pornography, perjury, blackmail, incitement to imminent lawless action, true threats, solicitations to commit crimes, and plagiarism of copyrighted material” (para. 2). The center also adds that “some experts also would add treason, if committed verbally” (para....   [tags: first amendment, speech]

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Freedom of Religion and Freedom of Expression: Tinker V. Des Moines

- What if you were suspended from school because of something you were wearing. Not only was the clothing or item appropriate, it was something you were fighting for or something you believe is right. Is this fair or okay for this to happen. There is a specific incident that this situation happened to a few teenagers in Des Moines, Iowa in December of 1965. A group of students wanting to wear black armbands throughout the holiday season was in for a wake up call. (FORTAS) These plans and or idea were quickly shot down by the high school principals....   [tags: freedom, first amendment, rights]

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How the Earl Warren Court Liberalized America

- ... Board of Education (1954). The cases of Gideon v. Wainwright (1963), Escobedo v. Illinois (1964) and Miranda v. Arizona (1966), all helped define Due Process and the rights of defendants. In the court case of Gideon v. Wainwright, the Supreme Court ruled that if the defendant can not afford an attorney, then one will be provided for them. Also, under the Supreme Court’s ruling of the case of Miranda v. Arizona, meaning that when arrested, your basic rights must be stated, that you have the right to remain silent and that anything you say can and will be used in court....   [tags: amendment, rights, segregation]

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Should Violent Video Games Be Ban?

- ... Than a person who do not or rarely play any video game. This means a person who play videogames, are better suit around his or her surrounding and could help improve our society. Between 1995 and 2008 there has been huge production of violent video games because of this there has been a huge decrease of juvenile crimes. In the article, Do Violent Video Games Contribute to Youth Violence, the defenders of violent video games argue, “ if video games do cause youth to be violent, then one would expect juvenile violent crime to increase as more youth play violent video games....   [tags: crimes, 14th Amendment, claim]

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The Case Of Near V Minnesota

- ... In prior decisions, the Court had read some of the provisions of the Bill of Rights into the Fourteenth Amendment, thereby making these rights relevant to the actions of state governments as well as the federal government. Hughes also stated that there was "no doubt" that freedom of the press and freedom of speech were protected by the Fourteenth Amendment 's due process clause against actions by state and local governments. However, these freedoms were not unconditional, and the state could still punish those who abuse these freedoms prior to the fact....   [tags: First Amendment to the United States Constitution]

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Freedom Of Speech And Arguments For Free Speech

- ... This changed though after the Civil War ended in 1868. The fourteenth amendment was adopted and it stated that states may not “deprive any person of life, liberty or property without due process of law” (Roleff). The court case of Gitlow v. New York (1925), set the tone for this by saying that free speech is a liberty protected by the fourteenth amendment. Now that we have covered how and when freedom of speech originated, I will move on to where it originated. A Greece philosopher, by the name of Socrates, persecuted a more informal argument that promoted free speech in 399 BC....   [tags: First Amendment to the United States Constitution]

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Student 's Rights And Responsibilities : Board Of Education V. Foster

- ... Exercising his First and Fourteenth Amendment right of: liberty, his freedom of expression; property, his right to an education; and due process, through a legal hearing—Bill Foster filed a suit. The question at hand is, does Bill Foster’s constitutional rights protect his freedom of expression through the wearing of an earring to school. His counsel argues affirmatively. Pointing to the infamous case of Tinker v. Des Moines, Foster’s attorney argues that Bill Foster’s wearing of an earring causes no more disturbance to the school than Mary Beth Tinker’s wearing of an anti-Vietnam war armband to school....   [tags: First Amendment to the United States Constitution]

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Article Review : ' Bong Hits 4 Jesus '

- ... Comments: The First, Fourth, and Fourteenth Amendments are used in this case to determine if Frederickson’s expression of speech, liberty, and equal-protection under the law was violated while attending an approved school function. Much of the Court’s decision was related to Tinker v. Des Moines School (U.S 1969) in concluding that students are protected by the Constitution as long as the speech does not “unreasonably” interrupt normal school functions and school disciplinary regulations are reasonable....   [tags: First Amendment to the United States Constitution]

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Women Gain Suffrage

- The Nineteenth Amendment to the U.S. Consititution provides women equal voting rights to men, and states citizens’ vote “shall not be denied or abridged by the United States or by any State on account of sex.” It is the congress’ job to bring this regulation into focus (Grolier,2009). Women being given the right to vote is important not only to society but also because it has had a significant influence in women’s personal lives. In 1848, the American women's rights movement started, during this movement, even though the leaders of the women’s rights advocated for the Reconstruction amendments , such as Fourteenth and Fifteenth Amendments, these amendment did not promote women’s suffrage....   [tags: amendment, equality, voiting rights]

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The Debate Over Freedom Of Speech

- ... This is a strong point, in my opinion, and it is one that I would like to expand on. With this point in mind, let’s remember that college is a time to explore new ways of thinking. It is a time to form ones own opinions about love, life, and politics that are completely separate from ones parents or other influences in life up until this time. College is a place where speech should not be limited so that the natural forming of thought can occur among young developing minds. With this being said, I think that speech, even hate speech, provokes intellect and is an important part of forming opinions during the college years....   [tags: First Amendment to the United States Constitution]

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The Significance Of Supreme Courts Jurisprudence

- ... Additionally, Holmes further defined freedom of speech by insisting that free expression that would be illegal during a time of war maybe more stringently protected by the first amendment during a time of peace (Rossum and Tarr pg 222).The Clear and Present Danger test established the precedent that the Court would use on a case by case basis to examine seditious political speech challenges. The test would be used to determine the appropriate balance between the free expression of ideas against the interest of government restrictions....   [tags: First Amendment to the United States Constitution]

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Analysis Of Tinker Vs. Des Moines

- ... Freedom of speech has been called a cornerstone of American democracy as has freedom of the press. Freedom of press protects publication of information and opinions. Most of the principles that apply to freedom of speech also apply to freedom of the press. Like freedom of speech, freedom of the press allows varying viewpoints to be heard. However, one special meaning for freedom of the press is that of prior restraint. The courts in Near v Minnesota (1931) and New York Times v United States (1971) have ruled that the government cannot censor information before it is written and published, except in extreme cases of national security....   [tags: First Amendment to the United States Constitution]

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Is Flag Burning Protected by the First Amendment?

- Is Flag Burning Protected by the First Amendment.          Can an individual be prosecuted for openly burning the American flag in a political protest. Gregory Johnson did this in a political protest outside Dallas City Hall. He was then tried and convicted of desecrating a venerated object under a Texas law (Penal Code 42.09), which states that "a person commits an offense if he intentionally or knowingly desecrates a state or national flag" (317). The question of whether this Texas law is in violation of the First Amendment, which "holds that Congress shall make no law......   [tags: Argumentative Persuasive Topics]

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Curfews Should Be Eliminated

- “A society that will trade a little liberty for a little order will lose both, and deserve neither.” ~ Thomas Jefferson. This quote epitomizes my position that curfews should be eliminated. Liberty is a concept in political philosophy that means human beings are able to govern themselves and behave according to their own free will. Curfews ignore the idea of liberty and have not proven themselves as a successful tool against juvenile crime and yet are popularly utilized throughout the United States....   [tags: Curfews Violate First Amendment Rights]

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St. Bartholomew 's Church

- Does the Landmarks Law violate the Religion Clauses of the First Amendment by excessively burdening the practice of religion and entangling the government in religious affairs. Does the Law violate the Equal Protection Clause of the Fourteenth Amendment by applying different standards to commercial and charitable institutions. Does the Law violate the Taking Clause of the Fifth Amendment by taking property without just compensation. Section Two: The Facts St. Bartholomew’s Church is a Protestant Episcopal Church in New York City....   [tags: First Amendment to the United States Constitution]

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Adair v. U.S. and Coppage v. Kansas Analysis

- Adair v. U.S. and Coppage v. Kansas became two defining cases in the Lochner era, a period defined after the Supreme Court’s decision in Lochner v New York, where the court adopted a broad understanding of the due process clause of the Fifth and Fourteenth Amendment. In these cases the court used the substantive due process principle to determine whether a state statute or state’s policing power violated an individual’s freedom of contract. To gain a better understanding of the court’s reasoning it is essential to understand what they disregarded and how the rulings relate to the rulings in Plessy v....   [tags: lochner era, supreme court, fifth amendment]

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Diversity in Higher Education

- ... 394). In 2010, the school conducted another experiment where it used the class-based system primarily to determine acceptance, with race-based as a “potential secondary factor boost” (Gaertner & Hart, 2013, p. 396). The researchers found similar results as in the 2009 experiment, with students from disadvantaged backgrounds being accepted at a higher rate than if race had been the sole determining factor. It was also determined that acceptance rates for underrepresented minority groups improved under the new system, with a seventeen percent increase in these groups being admitted, when class and race were considered, as opposed to only race-based admission policies being used....   [tags: 14th amendment, equal protection, supreme court]

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What Role Should The Government Play in Gun Control?

- What Role Should The Government Play in Gun Control. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.      Gun control is a real issue with Americans today. Many people have different opinions about how to handle our growing dilemma concerning guns. There are those who believe we should ban guns altogether and those who believe we should not ban or restrict the people's right to own guns at all. Both sides have valid arguments, but neither side seems to know how to compromise because of their very different opinions....   [tags: Second Amendment The Right To Bear Arms]

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The Supreme Court 's Decision

- ... Madison also stresses the fact that speech cannot be penalized pre or post publication. The nature of the government of the United States does not accept the inhabitation of the freedom of speech, as the government is upheld by the people. The only way the people can effectively criticize public officials and/or the government is through the uninhibited freedom of speech and the press. This ideal is upheld by Justice Black when he states that “This Nation of ours elects many of its important officials…these officials are responsible to the people for the way they perform their duties.” Blacks asserts that the government of the United States is rooted in popular sovereignty, therefore, th...   [tags: First Amendment to the United States Constitution]

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Amendments Ended the Civil War in 1865

- The civil war ended in 1865, as a result bringing three new amendments to the constitution they were; the thirteenth amendment which abolished slavery, the fourteenth amendment, which defined the national citizenship, and the fifteenth amendment that prohibited the denial of the right to vote due to race color or past. However, many slaves were withheld from the knowledge that they were free. Yet, other slave owners had to pay their former slaves as laborers out of necessity for example: Colonel P....   [tags: slaves, freedom, church]

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The Fisrt Amendment Analysis: Basic Freedom

- The interpretation of the first amendment has been seen throughout our history and, it had either been incorporated in a manner of conservancy or alteration. The first amendment basically describes what congress was under limited power to and, our basic freedoms. However, the concern was never questioned if the state government can curb those liberties since during the ratification of the bill there was little concern of this even being true. This had proven to be reality later on with the various cases that questioned not only the first, but several other amendments....   [tags: first amendment, amendments, freedom]

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Amendments to the Constitution

- The framers of our Constitution knew that time has a way of changing countries and their citizens. Our country was in a whirlwind of change in 1789 as people were experiencing freedom from the tyranny of England for the first time in their lives. Our country was being molded and formed into a great nation by the founding fathers. Expectations and rules had to be set to protect the rights of the minorities and majorities. Amendments to the Constitution were written to ensure equality for all in changing times....   [tags: First Amendment, Second Amendment]

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The Codification of the Fourth Amendment

- The most difficult problem that arises for the courts because of technology is the codification of the Fourth Amendment to apply to technological change and progress. The vast changes technology brings to surveillance, security, and data collection offer a challenge to courts in classifying these new technologies and monitoring their use within the limits of the Fourth Amendment. The Fourth Amendment states that people have the right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” An influential dissent written by Louis Brandeis contends that the amendment does not simply protect a person’s property but the “right to be let alone.”...   [tags: technologicals change, privacy, amendment]

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African Americans Experiences with Ostracism

- Ostracism in and of itself is a condition no human wants to experience but compounded with disrespect and abuse, it describes the condition of the African Americans prior to the Thirteenth, Fourteenth , and Fifteenth Amendments. The Thirteenth Amendment supposedly outlawed slavery; however, whites still found ways around the law in order to keep blacks below them. The Fourteenth Amendment granted blacks citizenship, but they were still denied basic rights. The Fifteenth Amendment granted blacks the right to vote; however, most blacks were incapable of voting due to specific obstacles....   [tags: amendments, discrimination, hate]

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The Declaration Of The Fourth Amendment

- Abstract The United States Constitution contains basic rights, and some of those rights are the First Ten Amendments, that are known as Bill of Rights. In the Bill of Rights, the Fourth Amendment protects the people from unreasonable search, seizure and arrest. This paper will explore the history of the Fourth Amendment from the beginning until it was incorporated in the Bill of Rights, arrests, searches, exclusionary rule, warrant requirements, the fruit of the poisonous tree and what it is the USA Patriot Act....   [tags: Fourth Amendment to the United States Constitution]

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The Fifth Amendment: Rights of Accused Suspects and Property Owners

- “I plead the Fifth.” This well-known expression is used by an individual who refuses to answer a question that may incriminate him. This phrase references the Fifth Amendment to the Bill of Rights (Brezina 15). The Bill of Rights protects the fundamental rights of Americans, including the rights of free speech, freedom of the press and freedom of religion (Teitelbaum 8). The Fifth Amendment in the Bill of Rights guarantees the rights of a person accused of committing a crime (Teitelbaum 15)....   [tags: The Fifth Amendment]

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Current Fourth Amendment Jurisprudence

- Introduction The Fourth Amendment to the U.S. Constitution was drafted by the Framers to protect the right to be free from governmental intrusion. Without a warrant and probable cause, an officer may not enter a home and search it. The use of GPS technology, however, enables the government to collect the same information without ever leaving the office. Thus, GPS based surveillance presents the issue of what protection the Fourth Amendment offers. Current Fourth Amendment jurisprudence offers little protection from warrantless surveillance....   [tags: Fourth Amendment, Rights, United States]

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Benefits of the Second Amendment

- After a long, exhausting, painful war for independence from Great Britain, the United States became its own nation, a nation of choice and rights, a nation of voice and strong opinion, a nation with freedom handed to humans by God. The birth of this glorious new state brought forth a new era of revolution throughout the world. Countries took America’s victory to heart, overthrowing their monarchial governments and establishing governments run by popular sovereignty. The existence of the United States, perhaps, led to the global fight for self-government....   [tags: 2nd Amendment Constitution The Right To Bear Arms]

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Why Should Gay Marriage be Legalized in the United States?

- Gay Marriage Legalization Gay marriage has been illegal in the majority of the United States. Although gay marriage is considered illegal there are many reasons why it should be legalized. Marriage is a human right reserved under the 14th amendment whether the human be homo or heterosexual. As of right now the United States have 17 states with legalized gay marriage (“Gay..”). Marriage is considered an act between two people who love each other to vow that they will always love each other. The Catholic Church is against gay marriage as they view the matter as a man and woman should be the only relationship capable of marriage....   [tags: descrimination, ammendment, same-sex]

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Amendments that Make U.S. Citizens Equal

- Wouldn’t it be wrong if the women in the United States could not vote. Aren’t elections about coming together as equal United States citizens to vote for a candidate. The 19th amendment of the US Constitution states, “All US female citizens have the right to vote”. Men and women were not treated as equal Americans. The 19th amendment gave women the same rights as men. The 15th amendment of the US Constitution states, “ The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.” Freedom and equal right amendments are important because they represent what America stands f...   [tags: 15th amendment, freedom, 19th amendment]

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Americans and Cubans Approaches to the Platt Amendment

- The U.S.’s relationship with Cuba has been arduous and stained with mutual suspicion and obstinateness, and the repeated U.S. interventions. The Platt agreement and Castro’s rise to power, served to introduce the years of difficulty to come, while, the embargo the U.S. placed on Cuba, enforced the harsh feelings. The two major events that caused the most problems were the Bays of Pigs and Cuban Missile Crisis. In 1903, the U.S. published the Platt Amendment, which was a set of guidelines for Cuba to follow (Blight 165)....   [tags: Americans, Cubans, Platt Amendment, Cuba, USA, ]

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The Right to Keep and Bear Arms in the USA

- “A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.” These words have become forgotten as individuals, former member of the U.S. Supreme Court John Paul Stevens, attempt to strip away the individual aspect of the second amendment. Gun control is not effective as it has not been shown to actually reduce the number of gun-related crimes. However, if more Americans were to purchase a gun, be trained to use the gun, and carry the gun, gun violence would begin to decrease....   [tags: Guns, Laws, Ammendment]

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Article V of the U.S. Constitution and the Amendments that Shaped America

- The Articles of Confederation at one point was our only set of guidelines for our country, “in 1787 Congress scheduled a meeting to reform the Articles of Confederation”(Losco,Baker 22). “However; James Madison who is also known as the Father of the Constitution, had a different idea, to throw out the Articles of Confederation and construct something different” (Losco,Baker 23). According to Smith and Spaeth “in 1789 the Constitution was ratified, and then in 1791 the Bill of Rights was added” (Smith,Spaeth)....   [tags: U.S. Government ]

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The First Amendment of the United States Constitution

- The United States Constitution was signed on September 17th, 1787. It did not include a bill of rights and it did not include their freedoms. And so, on September 25, 1789 Congress passed the first ten amendments, which were later ratified on December 15, 1791. The Bill of Rights was created by the Founding Fathers with the intent of restricting the powers of the new national government. The Bill of Rights, however, consists of 10 amendments. The first of the amendments was written because the people at America’s establishment wanted their basic freedoms guaranteed....   [tags: amendments, bill of rights, citizen freedom]

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Freedom of Press and Its Importance in the American Way of Life

- The Frist Amendment (1791) to the Constitution of the United States (“Congress shall make no law… abridging the freedom of speech, or of the press…”) holds the importance of the freedom of speech and press as one of the most basic rights of US citizens and reporters in the process of upholding a democratic society. Freedom of expression; the ability of people to communicate their feelings and thoughts effectively, without fear of being silenced, is a titanic right the people of the United States possess and is not something that came to them so easily....   [tags: First Ammendment to the US Cosntitution]

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United States Constitution: Amendment Process

- The United States constitution has an amendment process that has been included in the Bill of Rights. The amendment allows Americans to make changes on the September 17, 1789 United States Constitution was ratified and made law. The amendment of the Bill of rights has made America to continue growing in prosperity through the years and to become one of the most powerful nations in the world. The United States constitution was created with an amendment in Article V. This amendment process allows the constitution to adapt to the changes in the American society....   [tags: bill of rights, bear firearms, amendments]

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The Eighth Amendment

- The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted....   [tags: Eighth Amendment Essays]

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The Failed Ratification of the Equal Rights Amendment in the U.S.

- The ERA was introduced in every Congress since 1923, and yet it still failed to gain ratification. The ERA was the Equal Rights Amendment, which means that equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. I believe it was never passed because of many reasons. One reason was because some ERA supports got offended by other supports who were very obnoxious, which was a backlash on feminist tactics. (Doc. E & F) Another is that men and women might switch places, and it would be a threat to traditional roles.(Doc....   [tags: Equal Rights Amendment, USA, feminism, ]

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Will We Follow Lincoln's Advice? The Fourth Amendment

- “Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.” Abraham Lincoln made this statement in referring to the emancipation of the slaves. Even though the statement has nothing to deal with the Fourth Amendment, or the Search and Seizure laws within the Constitution, what is stated still brings about a good point relating to the Constitution. The fact being brought out of this quote is that the Constitution’s purpose is to safeguard Americans’ liberties....   [tags: Fourth Amendment, Abraham Lincoln, presidents, con]

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Our Right to Privacy

- Most people in society think they don't have anything to hide. Everyone has the Right to privacy in technology, medical, personal life and many more areas. Its all has been an issue, sense as far back as anyone can remember. Most people in society don’t realize that it’s a much bigger issue than what it sounds to be. As many of you may not know but the 14th amendment has been involved in may cases that had to do with the Right to Privacy. The privacy toward each individual is important. Without any privacy the democratic system that we know so well may not exist....   [tags: 14th ammendment to the constitution]

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The Controversy of the Second Amendment of the Constitution

- I. INTRODUCTION: The Second Amendment to the Constitution(Second Amendment) of the United States of America(USA) is one of the most controversial. The Second Amendment specifically grants that, "the right of the people to keep and bear Arms shall not be infringed" The way that an individual interprets the wording of the Second Amendment influences their point of view on who has the right to "keep and bear arms" (Amendment 2). The controversy brought on by the Second Amendment is because the Second Amendment does not clearly define whom "the people" are....   [tags: Bear Arms Second Amendment USA]

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The Right Choice Isn't Always Easy

- ... In fact, they offered amendments designed to bring the E.R.A. down. One of the Senators’ propositions was the “kitchen amendment.” It said, “This article shall not impair, however, the validity of any law of the United States or any state which exempts women from compulsory military service or which is reasonably designed to promote the health, safety, privacy, education, or economic welfare of women, or to enable them to perform their duties as homemakers or mothers” (Birch Bayh Biography)....   [tags: equal rights ammendment, Birch Bayh]

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The Second Amendment of the Constitution

- The Second Amendment “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” This timeless phrase, the Second Amendment of the United States’ Constitution, is an enduring example of the principles and ideals that our country was founded on. With this statement, the founders of this country explicitly and perpetually guaranteed the American individual the right to keep and bear arms. An incomparably crucial element of this country‘s origins, the Second Amendment and the rights it guarantees have proved vital to the growth and success of our nation....   [tags: 2nd Amendment Constitution The Right To Bear Arms]

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First Amendment Rights, Privacy and the Paparazzi

- First Amendment Rights, Privacy and the Paparazzi The question of paparazzi threatening privacy and First Amendment rights is often to situational to argue in a conventional manner, but certainly there are many facets of the issue which can be addressed in a quite straightforward manner. Celebrities who feel they have the right to privacy in public places often muddy the waters of this issue. Oddly enough, those celebrities who have chosen to speak out against what they feel are violations of their privacy most always begin their campaigns with a large press conference....   [tags: First Amendment Right to Privacy]

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The Fourth Amendment And The Fifth Amendment

- ... No one is free to make the suspect reveal anything, unless in front of a jury and within the protection of a counsel. The juveniles are immature and may not know their rights. Owing to this law the minors have constitutional protection from any illegal exploitation (Hartley & Rabe, 2008). Sixth Amendment Criminal Law3 Our sixth amendment discusses the right of trial by jury, the rights of the accused, the right to a speedy trial, the right to an attorney, and the right to a public trial....   [tags: United States Constitution, Law, Crime]

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