Your search returned 200 essays for "fourteenth amendment":
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The First Amendment in High School

- What is the age that a person should be able to claim rights under the first amendment. The first thing would come to most people's mind is eighteen. However, upon examination, someone could easily justify that a sixteen year old who is in his or her second year of college would have the ability to form an opinion and should be allowed to express it. What makes this student different from another student who, at sixteen, drops out of school and gets a job, or a student who decides to wear a shirt that says "PRO-CHOICE" on it....   [tags: Law]

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A Taxing Amendment, The Revenue Act

- Before the 16th Amendment, a federal income tax was technically illegal, as stated in Article I, Section 9 of the Constitution : “No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.” Therefore, the federal government had to rely on land sales, excise taxes, and tariffs to raise revenue. In times of crisis, however, these measures were simply not enough. During the Civil War, when the Union desperately needed funds, Congress passed the Revenue Act (1861), which included a provision for the nation’s first income tax....   [tags: supreme court, income tax]

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The Amendment Of The United States Constitution

- Gun Control The 2nd Amendment of the United States Constitution states, “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.” ("The Bill of Rights: A Transcription.") Considering this Amendment was ratified in December of 1791, this has been one of the longest laws in the United States. This amendment has been the debate of many political leaders and fellow Americans for years. There are some people who believe that by abolishing or putting regulations on this law that Americans would be and are safer from each other....   [tags: United States, President of the United States]

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Boxer-Snowe Amendment

- Abortion Rights and the Boxer-Snowe Amendment February 15, 2001 was the first day the Global Democracy Act of 2001 was to be introduced by Senator’s Barbara Boxer, Olympia Snowe and Lincoln Chafee. This legislation would prevent the United States from imposing undemocratic and dangerous restrictions on health providers overseas. Representatives Nita Lowey and Nancy Johnson also would be introducing matching legislation in the house when it returned from recess. Senator Boxer and Representative Lowey developed the legislation in response to the “global gag rule,” imposed by President Bush on January 22, 2001 on the 28th anniversary of the Roe v....   [tags: essays research papers]

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Enforcing the Second Amendment

- With all the unpredictability in the world today many American citizens exercise their second amendment rights and choose to own a firearm to defend themselves, their families, and their property. Growth shows about four million new gun owners each year in the U.S. (Doherty 46 -47). Some research has shown that a 41% decline in violent crimes over the past two decades can be partly attributed to the lessening of firearm carrying laws, and that enabled lawful citizens to defend themselves (Doherty 46 -47)....   [tags: Role of Gun Laws]

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The Amish and The First Amendment

- When our forefathers were forming our new nation in 1776, they wrote the first amendment so that any religion, no matter what principles they are based on, would have equal rights in America. Opinions though, make the first amendment very difficult to be followed. People usually have one mind set, to follow what they believe and stereotype everyone else. “These stereotypes are the archenemies of learning” (Wagner 6). Learning is the basis of life. By stereotyping though, the less common religions, like Amish, are less noticed....   [tags: Religion]

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The Second Amendment and Gun control

- ... Imagine if that is no longer an option, more people will seek illegal ways to get guns and the criminal rate will just increase. Criminals will see that people will be defenceless and they will flourish in many towns.”Such a ban will only increase the criminal ability to victimize the innocent.” “Over the past 20 years, gun sales have absolutely exploded, but homicides with firearms are down 39 percent during that time and “other crimes with firearms” are down 69 percent.” This was the number 1 in the 18 little-known gun facts that prove that guns make us safer, written by Michael Snyder....   [tags: criminals, firearms, homicides]

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The Second Amendment Of The Constitution

- ... Equally important is the fact that gun control does not stop crime. An example of this is in England. They had a gun ban go into effect in 1997. The reason for this gun ban was because in 1996, a suicidal mad man went into a preschool called Dunblane and in three minutes killed the teacher, 16 infants, and himself. The cry for a gun ban was heard around the countryside. Consequently, when it went into effect, there was an increase of firearm crime by roughly 40% because the criminals had to only fear the police that normally respond in five minutes....   [tags: Gun politics in the United States, Firearm]

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U.s. Constitution 's Second Amendment

- ... In the time of the constitution, we were in the mist of the Civil War, where the country was mostly patriotic, and not so individualistic. The culture has changed drastically; maybe there is a good argument with some of these cases. In the case of McDonald v. Chicago, in which Otis McDonald carried a firearm for self-defense, this objective has been in effect hundreds of years ago. During the Civil War era, people would keep firearms in their homes for fear of military take-over. Fast forward to 2008 in the aforementioned case, there were excerpts used from United States v....   [tags: United States Constitution]

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Our Living Shield: The First Amendment

- Our Living Shield: The First Amendment The authors of the Constitution of the United States created a magnificent list of liberties which were, at the time ascribed, to most people belonging to the United States. The main author, James Madison, transported the previous ideas of f undamental liberties from the great libertarians around the world, such as John Lilburne, John Locke, William Walwyn and John Milton. Madison and other previous libertarians of his time were transposed into seventeen different rights which were to be secured to all those in the United States....   [tags: essays research papers]

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The Fifth Amendment And The United States Constitution

- ... Washington Using the Strickland versus Washington, in the United States, this was one of the great decisions made through the Supreme Court and established a standard for the determination of criminal defendants. This precisely gave the defendant the right to have a counsel and the law is violated when the council does not give the defendant adequate performance in terms of his or her presentation. The United States supreme court’s decision that established the amendment with a two-part session in which the defendant have two options in the right of the criminal to have a counsel....   [tags: United States Constitution]

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The Sixth Amendment: Providing Justice for Everyone

- The 6th Amendment: Providing Justice for Everyone Prior to the Revolutionary War, if the British accused a colonist of a crime, he would most likely receive an unfair trial and a prison sentence. When the Founding Fathers wrote the Bill of Rights, they believed that all Americans deserved rights which the British had not given them. The 6th Amendment provides many legal rights to United States citizens that protect them from being wrongly convicted of crimes. The 6th Amendment is the most important amendment in the Constitution of the United States....   [tags: Constitutional Rights]

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Consent- A Common Fourth Amendment Exception

- Consent- A common Fourth Amendment Exception It is amazing that in this day and age that there is even a concern about the constitutional rights of suspects involved in computer related crime. The rights of the citizens of this country have been eroded by the passage of many laws including the U.S.A. P.A.T.R.O.T. Act. People can expect to have less privacy because of these laws. The government can enter a person’s house that is not suspected of terrorism or any criminal activity at all. They are free to search the house of that person....   [tags: police, illegal activities, home]

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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 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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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 : 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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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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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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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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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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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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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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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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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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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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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 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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4th Amendment

- 4th Amendment In the late 1700's the 4th Amendment was written because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to enter any home and seize belongings without a reasonable cause. (Grolier Encyclopedia) The 4th amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects the people's right to privacy and security. (Encarta Online) The Fourth Amendment states, '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 affi...   [tags: Government Constitution Amendments History Essays]

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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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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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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 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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Gun Control: Should the Second Amendment of the Constitution be Updated?

- According to the F.B.I., 14,369 murders involving firearms took place in the year 2013 within the United States. We as Americans have the right to “bear arms,” however there can be some changes to at least try to minimize these casualties. The 2nd Amendment states “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 may be outdated now that we have a strong military (that is our “well regulated Militia,”) to protect our security, but can a right be scratched off the Constitution because of someone’s interpretation....   [tags: Second Amendment The Right To Bear Arms]

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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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The Seventeenth Amendment

- Written in 1787 at the Constitutional Convention in Philadelphia, and later ratified by the thirteen original states in 1788, the Constitution establishes the relationship between the federal (national) government and state governments. It establishes our republican form of government with an elected Executive (President), a bicameral congress (consisting of two legislative branches, a House of Representatives and a Senate), and a judicial system headed by a Supreme Court. The Framers' of the Constitution were influenced in their work by the ancient Athenians, the thinkers of the Enlightenment; Locke and Montesquieu....   [tags: U.S. Law, government, constitution]

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The First Amendment

- 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 to assemble peacefully, and to petition the Government for e redress of grievances. The first and inargueably the most significant of the amendments to our Constitution is the First Amendment. The amendment that established our freedoms as citizens of our new confederation. The First Amendment insured, among other things, freedom of speech and of the press....   [tags: essays research papers]

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First Amendment

- 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]

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The Amendment Of The Constitution

- ... Firearms are the cause of thousands of deaths annually. In America, there are 43 states give permission to defend if necessary. “In the United States, firearms are among the bottom of the list for causes of accidental death, according to the National Safety Council. Firearms was the cause of three thousand accidental deaths in 1967. In 1986 there were eighteen hundred accidental deaths. This number continues to decline each year” (Gottlieb 16). In the event of violent crimes, victims are far more likely to die when the perpetuator is armed and the civilians are not....   [tags: Firearm, Gun politics in the United States]

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The 8th Amendment

- The 8th Amendment In the United States Constitution, the 8th Amendment prohibits the use and practices of cruel and unusual punishment. What exactly is considered to be cruel and unusual punishment. This question is a hot topic among America's many different current controversies. Many people are saying that the use of capital punishment (to be sentenced to death as a penalty in the eyes of the law [a capital crime]. An execution [capital punishment]) is a direct violation of the 8th Amendment to the Constitution of the United States (Capital Punishment)....   [tags: Papers]

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The First Amendment

- The First Amendment The 1st Amendment forbids Congress from enacting laws that would regulate speech or press before publication or punish after publication. At various times many states passed laws in contradiction to the freedoms guaranteed in the 1st Amendment. However broadcast has always been considered a special exemption to free speech laws for two reasons. 1) the most important reasons is the scarcity of spectrum and the 2) is the persuasiveness of the medium. Because radio and TV come into the house, and may be heard or seen by unsupervised children, the government feels a special responsibility to protect the American people....   [tags: Papers]

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Education Amendment

- Over the years, the federal government has steadily been increasing its control of public education in the United States. The most notable developments of the last decade include the No Child Left Behind Act off 2001 and the ED Recovery Act, part of President Obama’s comprehensive recovery plan. As of September 30, 2010, $97.4 billion dollars was allocated under the ED Recovery Act (Department of Education). With the significant increase in federal interference, the American public should expect positive results....   [tags: Education ]

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The First Amendment Of The United States

- Briana Muirhead Professor Phillips Government 2305 14 October 2014 The First Amendment “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” (FindLaw). While studying the First Amendment to the U.S. Constitution, it is crucial to understand the history behind writing the law. History of the First Amendment The First Amendment has a long history....   [tags: United States Constitution]

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The Context Of The Second Amendment

- The Context of The Second Amendment      The interpretation of the Second Amendment to the Constitution of the United States of America has been a topic of controversy since its acceptance over two-hundred years ago. This controversy stems from the fact that the amendment was written for reasons for the most part that do not have any relevance today. One side argues the amendment void, and the other takes it out of historical context so it portrays the meaning they want. To understand what the second Amendment means, one must interpret the actual text, the historical background for its adoption, and what it means today....   [tags: Constituton Bill Rights Right To Bear Arms]

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The Equal Rights Amendment

- The Equal Rights Amendment "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex."      In 1923, this statement was admitted to Congress under the Equal Rights Amendment (ERA). The ERA was a proposed amendment to the United States Constitution granting equality between men and women under the law. If the Era was passed, it would have made unconstitutional any laws that grant one sex different rights than the other. However, in the 1970s, the Era was not passed, and therefore did not become law....   [tags: Women Feminism Equality Essays]

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The Evolution Of The First Amendment

- The Evolution of 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.(encyclopedia) The inhabitants of the North American colonies did not have a legal right to express opposition to the British government that ruled them....   [tags: essays research papers fc]

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Reflection on the First Amendment

- “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of peaceably to assemble, and to petition the government for the redress of grievances” (United States Constitution). In 1789 the anti-federalist main concern was that the Constitution’s lack of adequate guarantees for civil liberties. To provide such guarantees, the First Amendment along with the other nine Amendments known as the Bill of Rights were submitted to the states for ratification on September 25, 1789 and adopted on December 15, 1791....   [tags: US Government]

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The 6th Amendment and Criminal Proceedings

- In this paper I’m going to discuss what is the 6th amendment right, the elements of ineffective counsel, how judges deem a person as ineffective counsel from an effective counsel, cases where defendants believed their counsel was ineffective and judges ruled them effective. I will also start by defining what is the 6th amendment right and stating the elements of an ineffective counsel. The 6th amendment is the accused shall enjoy the right to a speedy and public trial, by an impartial jury if the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause if the accusation; to be conf...   [tags: ineffective counsel, deffendants]

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The Second Amendment Should Be Banned

- ... Every country who has strict gun control laws poses themselves as a target to enemies. Israel is a good example because of the war that they went through with Hamas and Syria. Also, the Paris bombings can be another example of why we should not take away the amendment. France has a strict no gun policy, which made them a top target for ISIS. Our country is already having terrorist shootings, and it would be way worse if our guns were taken away. Also, we would put ourselves in a bigger risk of being bombed and attacked by countries like North Korea and Russia....   [tags: Gun politics in the United States, Firearm]

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Overview Of The 14th Amendment

- In order to protect the diverse races in this country, a new amendment was passed giving every natural born American or anyone naturalized in the United States the right to protection of the laws. Meaning, people that fell into the expectations were granted citizenship and states could not deprive citizens of their rights and privileges. Not everyone was included in the 14th Amendment. Immigrants and especially Native Americans were excluded while whites and African Americans were included. During the Gilded age immigrants were coming into the country and the 14th Amendment did not apply to them....   [tags: constitution, laws, american dream]

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The Fourth Amendment and Lawful Arrest

- Reasonable suspicion can be found in the first clause of the Fourth Amendment (Siegel, 2012). It is considered the evidence necessary to prove that a crime has been committed (Siegel, 2012). There is not an exact minimum needed, however Justices have figured it has to fall below the evidence necessary to prove beyond a reasonable doubt of guilt needed in a trial (Siegel, 2012). This part of the Fourth Amendment is also included in the foggy understanding. There is a bias towards how this clause should be read and understood (Bloom, 2003)....   [tags: legal procedure, reasonable doubt]

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The Future of the Equal Rights Amendment

- "Everyone in our democracy deserves to be treated with fairness and justice, and to have that right in our constitution," stated former First Lady Lady Bird Johnson (Eisler and Hixson 419). Presently, half of our nation is not protected under the Constitution (Eisler and Hixson 419). The Equal Rights Amendment (ERA) was proposed in 1923 when Alice Paul concluded that women, although they had the right to vote, were not specifically protected from sexual discrimination by the Constitution. Seventy-five years have passed since the amendment was first introduced, and women still have not secured equal rights under law....   [tags: Exploratory Essays Research Papers]

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The Fourth Amendment to the Constitution

- The Fourth Amendment to the Constitution states that individuals have the right "to be secure in their persons, houses, papers, and impacts, against outlandish looks and seizures," however the issue close by here is if this additionally applies to the pursuits of open fields and of articles in plain view and if the fourth correction gives insurance over these too. To reaffirm the courts' choice on this matter I will be identifying their choices in the instances of Oliver v. United States (1984), and California v....   [tags: California v. Greenwood]

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First Amendment Law And Pornography

- ... The government guarantees these liberties through laws enacted to protect certain rights. Civil rights refer to set of laws and rules intended to protect the citizens against discrimination and harassment because of certain personal characteristics such as ethnicity, race, religion, age, and gender among others (Hackney, 112). In simpler terms, civil rights focus on equal treatment of all people without discrimination based on their social backgrounds. Examples of civil liberties and rights include the right to vote, right to marry, right to privacy, freedom of speech, right to fair trial in the court, and right to freedom against unreasonable searches of home or property (Hackney, 112)....   [tags: United States Constitution]

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Modern Interpretation of The First Amendment

- 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....   [tags: essays papers]

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Gun Ownership and the Second Amendment

- Gun ownership and the Second Amendment have come under fire in recent years in the wake of major tragedies such as the Newtown, Aurora and Tucson shootings, amongst other major shootings. Although gun control is not a recent idea, it has grown attention and is argued by more liberal leaning individuals, who tend to believe more in gun control, that guns should be strictly regulated or completely outlawed, while more conservative leaning individuals, who are more in favor of gun rights, believe that regulations on firearms should be lessened or abolished completely....   [tags: Major Tragedies, Major Shootings, Gun Control]

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First Amendment And Music Censorship

- The First Amendment to the Bill of Rights exists because the Founders of our country understood the importance of free expression. The First Amendment states "Congress shall make no law . . . abridging the freedom of speech, or of the press . . ." (Commission on the Bicentennial of the United States Constitution 17). One of the ways the American people use this freedom of speech and expression is through the creation of the art form known as music. Music's verbal expression bonds our society through our emotions and experiences....   [tags: Censorship]

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The Passage Of The 13th Amendment

- The passage of the 13th amendment seems simple. Lincoln declared the emancipation proclamation and set the majority of the slaves free. General opinion was already shifting toward abolition and a bill like the 13th amendment seemed inevitable. This is the well-known but extremely overgeneralized view of national abolition. Leonard L. Richards attempts to correct this general perspective in Who freed the slaves?. He argues that abolitionists were actually fighting an uphill battle throughout the civil war....   [tags: Abolitionism, American Civil War, Abraham Lincoln]

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Youth and the First Amendment

- Youth and the First Amendment Many freedom of speech and expression issues that receive media attention have to do with the adult population and what they feel their rights are. What many fail to recognize is the fact that the youth today are also dealing with freedom of speech and expression issues in their own lives. The freedom of speech and expression issues that young people deal with are just as important and are handled in the same manner as any other freedom of speech issue. Three articles from The Associated Press deal with freedom of speech and expression of middle and high school aged young people....   [tags: Essays Papers]

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Importance of the Second Amendment

- ... By taking away the right to carry a gun, we only weaken our protection against those who these laws are supposed to protect us from. The intentions of the lawmakers who are attempting to confiscate these rights aren’t flagitious, they’re merely trying to protect Americans. What they don’t realize is that the only way that you can be completely sure that someone is safe, is to allow them to own something to keep themselves safe. If a thief intends to rob someone, they would be more likely to think twice, and decide not to commit the crime knowing that the person who they are demanding money from, and instilling fear into, could possibly be carrying a weapon....   [tags: the right to bear arms, gun control in the US]

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Gun Control And The Second Amendment

- Spencer Sullivan Engl 401 Marino Fernandes Gun Control and the Second Amendment Gun control has always been a popular debate, but it has recently resurfaced due to the multitude of current crimes committed in the United States involving guns. This outbreak has caused man to push heavier gun laws which could potentially restrict gun ownership. Background checks and limiting magazine size is the staple of most gun bills. Gun control is controversial because it is a contemporary issue that has a group of Americans in uproar over the lack of firearm restrictions....   [tags: Gun politics in the United States, Firearm]

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Title IX Amendment

- In 1972, after the feminist’s movement, a proposition act was created to help increase hiring rates and employment practices of federally financed institutions for women. The amendment proposition first caught attention in 1969 when a professor and future women’s activist Bernice Sandler used executive orders created by President Johnson years earlier to fight for her job at the University of Maryland. Sandler encouraged and filed her first complaint to the Department of Labor office that her rights were not being considered....   [tags: American Government, Sports]

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The Issue Of The Second Amendment

- ... The background checks every possible possibility of wrong people getting close to possessing a gun in any way, shape or form and prevents them from doing by not allowing the one that wants to buy it from buying it. Enforcing gun control laws throughout the United States plays a big part with gun violence. The history of the United States is marked by numerous events that have caused tremendous controversies leading to disputes regarding the Constitution. One of the major debates currently being disputed is the Second Amendment, which protects the citizens’ right to keep and bear arms....   [tags: Firearm, Gun politics in the United States]

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The 2nd Amendment and you

- So you are sleeping and hear a loud crash, what sounds like your window breaking, and a door open. You call 911 and they say the police will be there in 15 minutes. You notice they have guns. What do you do. Me, being a gun activist, would roll over, grab my Benelli shotgun, and enforce the stand your ground policy. Unfortunately, If I had to use a force I would have it readily available. I look at it like if it was my life or the intruders, whose is more important. Well to me mine is. If you didn’t have a firearm though, chances are you would be dead by the time the police got to your house....   [tags: Bill of Rights, Guns, Laws, Bans]

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The Second Amendment - The Right To Bear Arms

- The Second Amendment Few issues incite americans more than the issue of rising crime and violence. This problem can easily be linked to the availability of guns."The debate over whether guns are a hallowed tradition and a right guaranteed by the Second Ammendment of the U.S.constitution or whether they are a fearful danger contributing to crime and violence." ("gun control") Due to the outbreak of violence in our society, some people feel that repealing the Second Ammendment would solve the problem....   [tags: Constituton Bill Rights Right To Bear Arms]

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Should Same Sex Marriage Be Legal?

- ... Eventually, the constitutionality of same-sex marriage was realized on the federal level in Obergefell v. Hodges, which declared that marriage is a right for all individuals regardless of sexual orientation. Though many conservatives have attempted to argue against the decisions of the Supreme Court in Obergefell v. Hodges, through careful examination of the Fourteenth Amendment, it can and has been proven that same-sex marriage is indeed constitutional. The first case in which the issue of same-sex marriage has been brought up to the court is Baker v....   [tags: United States Constitution]

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The 2nd Amendment of the Constitution of the United States

- States tend to pass laws that promote security and safety among the people. Laws that are passed after mass-shootings occur usually have to do with increasing gun control. They can also cause a lot of debate among people questioning the constitutionality of the laws. The argument usually comes down to the second amendment giving citizens the right to bear arms. However, the wording of the amendment causes some people to misinterpret what is actually granted to the people. The anti-2nd amendment laws do not actually violate the amendment itself because it only grants the right to own guns, the laws only place limits on owning guns, and the laws are intend for the safety of the public....   [tags: the right ot bear arms, mass shootings]

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The First Amendment and its Impact on Media

- The First Amendment and its Impact on Media 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. The first amendment to the United State's constitution is one of the most important writings in our short history. The first amendment has defined and shaped our country into what it is today....   [tags: Television Media TV Essays]

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The Fourth Amendment Throughout Modern Culture

- ... Kopel addresses this series of events in his article “How The British Gun Control Program Precipitated The American Revolution”. With a war driven by only a small percentage of the colonialists being in favor of freedom leading to such a huge revolution not only in politics but in mindset; one can only wait to see what is next for this republic. In order to fight for the Fourth Amendment one has to know what the Fourth Amendment states. According to Cornell University Law School, the Fourth Amendment states; 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, bu...   [tags: United States, United States Constitution]

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The 19th Amendment: Equal Rights to Vote

- The 19th amendment states that the United States Constitution prohibits any United States citizen from being denied the right to vote on the basis of sex. The 19th amendment was a significant turning point for many women in America. It gave women freedom that they didn’t have before. Before this amendment was passed many women had no self portrayal, something they couldn’t reach with a male figure ruling next to them. That was until 1920 when the 19th amendment was passed. The amendment let women into power giving them social justice and many political rights....   [tags: women, right, vote, constitution]

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Impact of the Ratification of the 13th Amendment on Commerce

- Background Information on the Thirteenth Amendment: The 13th amendment to the United States’ constitution was introduced in order to free the slaves from slavery and make united states a free country by abolishing and prohibiting slavery. This amendment finalized the abolition of slave trade in the United States. The 13th amendment has its origin in the proposition made by Abraham Lincoln to his cabinet in relation to the freeing of all slaves in the rebellious states. It was proposed by the 38th congress of the United States and passed by the senate on 8th April 1864 before being adopted on the 6th of December in 1865 following the announcement of the secretary of state who declared it to h...   [tags: Slavery, Freedom Economics]

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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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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 Wikipedia.com, 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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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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1819 words | (5.2 pages) | Preview

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