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Privacy Under the Fourth Amendment

- Privacy Under the Fourth Amendment Katz V. The United States The petitioner Mr. Katz was arrested for illegal gambling, he had been gambling over a public phone. The FBI attached an electronic recorder onto the outside of the public phone booth. The state courts claimed this to be legal because the recording device was on the outside of the phone and the FBI never entered the booth. The Supreme Court Ruled in the favor of Katz. They stated that the Fourth Amendment allowed for the protection of a person and not just a person's property against illegal searches....   [tags: Papers]

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Death Penalty And The Eighth Amendment

- Death Penalty and The Eighth Amendment The expression “an eye for an eye, a tooth for a tooth” has taken on a whole new meaning. Lately, murderers have been getting a punishment equal to their crime, death. In 1967, executions in the United States were temporarily suspended to give the federal appellate courts time to decide whether or not the death penalty was unconstitutional. Then, in 1972, the United States Supreme Court ruled in the case of “Furman versus Georgia” that the death penalty violated the Eight Amendments....   [tags: essays research papers]

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Amendment 66: Tax Increase for Education Initutive

- Did you know that over fifty percent of students in Colorado DO NOT read, write, add, or subtract at grade level. This statistic is alarming and should create concern for the future of our country. This statistic is one of the motivating factors behind the proposed Amendment 66. The following text will explain Amendment 66, why it will not help kids the way it was advertised to the voting public, how it hurts small businesses, and why it is ultimately wrong for Colorado. First off, what is Amendment 66....   [tags: taxes, small businesses, schools]

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Court Case Decisions for Amendment I, IV, and VIII

- ... also believed that since it was made clear (directly on the monument itself) whom it was from (the Fraternal Order of Eagles), that it was not unconstitutional. However, had the monument not had “dedicated to the people and youth of Texas by…” it may have been misconstrued as being erected by the Texas government, which then would have most likely been deemed unconstitutional by the Supreme Court. 5.) I do agree with the Supreme Court’s decision in the case of Van Orden v. Perry because it was not the state of Texas (government) that made and erected the monument....   [tags: religion, search, punishment]

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I Am An American

- Since the 1800s, immigration has been considered a problem that is out of control in the United States. Government officials have claimed that the issue of birthright citizenship is the core of the dispute over immigration. To try and remedy this situation, holders of public office have held hearings and debates in an attempt to “redefine” what it means to be an American citizen. Birthright citizenship is the term used to refer to the citizenship that is granted to an individual who is born on the associated territory....   [tags: Immigration ]

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The Second Amendment: Why It Is Important to Our Country

- On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away....   [tags: rights, freedoms, government, power, defend]

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Violating the Fourth Amendment Rights of Antoine Jones

- ... In some States, the Government has the authority to allow police officers to search a vehicle without the necessity of warrant. “ long as a state is deciding law based upon its interpretation of its own constitution, the state can be more restrictive than the Supreme Court. However, if the state is interpreting the 4th Amendment of the United States Constitution, then they must follow the body of law established by the United States Supreme Court”(Policelink). The Government believes the attachment of the monitoring device for search was a responsible forfeiting act....   [tags: district of columbia, gps]

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The First Amendment: Free Of Expression

- The First Amendment: Free of Expression In 1787 our forefathers ratified the constitution of the United States of America, which contains the most important document to any American citizen, the Bill of Rights. The first amendment of the Bill of Rights states: Congress shall make no law respecting an establishment of religion, or prohibiting the establishment 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....   [tags: essays research papers]

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Limits to the First Amendment

- Limits to the First Amendment The United States of America seems to be protected by a very important historical document called the Constitution. Despite the fact that it was written and signed many years ago, the American people and their leaders still have faith in the Constitution. One of the major statements of the Constitution is the First Amendment, freedom of speech. Although it is difficult to decide what is offensive and what is not, it is clear to see that songs of rape, violence, bigotry, and songs containing four letter words are completely unnecessary for susceptible minds to acknowledge....   [tags: Papers]

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The Meaning of the Second Amendment - The Right To Bear Arms

- “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”(understand) comes from the United States constitution. It has for the last decade or so been a topic of an ongoing debate between the people of this nation. It all depends on how you interpret the 27 words. Most people believe that it gives United States citizens the right to bear arms. The constitution is the supreme law of our land. It was made to be are foundation and source of legal authority....   [tags: Constituton Bill Rights Right To Bear Arms]

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Fifth Amendment Rights: Not Valid Outside the United States

- Are you always entitled to the protections of the Constitution’s Fifth Amendment based solely on the fact that you are a citizen of or reside in the United States. The Fifth Amendment only applies to people, citizens or not, who are within the U.S. borders. If every person from the U.S. were entitled to the same constitutional rights outside the borders, as they are within, then the U.S. Government would not be able to use extraordinary rendition to interrogate persons of interest. Also, the U.S....   [tags: The Legality of Torture]

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First Amendment Rights of Public School Students

- First Amendment Rights of Public School Students How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government. Research Question Does government or school districts have the greater ability to restrict free speech....   [tags: judicial branch, rights, students]

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An Analysis of Trials by Jury

- Mr. Ortiz T. Jackson, in 2008, was convicted of second-degree murder. The difference between this trial and most other murder trials is that this conviction was by a non-unanimous jury. From this trial, the question arises whether or not an individual may be convicted of such a serious crime if the jury can’t reach a unanimous verdict. In this argument of non-unanimous versus unanimous, the unanimous side wins the case because to be convicted by a non-unanimous jury is a violation of three fundamental areas of the Constitution and to citizen’s individual rights....   [tags: jurisprudence, unanimous/non-unanimous]

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First Amendment and the Constitutional Freedoms in Amercan Schools

- The First Amendment, usually equated with freedom of speech, affords five protections: Establishment Clause, Free exercise of religion, Freedom of speech, Freedom of press, and Freedom to peaceable assemble. Students (and student groups) in public colleges and universities enjoy full protection under the First Amendment; however, this right depends greatly on the context in which a student might raise a free speech claim. Once an institution creates a limited public forum for a student or group, administration cannot deny recognition to particular student or groups based on viewpoints....   [tags: freedom of speech, constitutional freedoms]

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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 2nd Amendment Does Not allow Gun Control

- Throughout American History looking all the way back to the late 18th Century and the Revolutionary War, there have been many qualities that set America apart from all other countries. Documents like the Declaration of Independence and the Bill of Rights bestowed upon Americans have spelled out some of these very qualities that Americans hold dear. One right that is often brought to the forefront of the argument over gun control is found within the US Constitution and the Bill of Rights. The 2nd Amendment of the Bill of Rights 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”(1)....   [tags: Argumentative Essays, Persuasive Essays]

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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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The Supreme Court Extends 2nd Amendment Rights to the States

- The Supreme Court ruled on June 28th that the 2nd Amendment's protection of the right to bear arms applies on state and city levels. The 5-4 decision along ideological lines echoed 2008's decision to strike down DC's handgun ban, citing the 14th Amendment as a major factor in the decision to extend the federal right to own a hand gun for personal protection down to local levels. Though it officially returned McDonald v. City of Chicago to the lower courts for a decision, it is expected that Chicago's 28 year old handgun ban will be overturned, and that legislation against handgun restrictions in other states will be legally challenged for years to come....   [tags: Media Analysis]

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Reasoning Behind The 19th Amendment

- When the constitution was written, the idea of universal suffrage was too radical for our founding fathers to address. They decided to leave the states with the authority to decide the requirements for voting. (Janda) By allowing the states to decide who voted, the authors had not intended for each state's discriminations to prevent the country from maintaining true democracy. However, by not setting up a nationwide regulation, the authors launched the country into a century and a half long fight for freedom and equality for all....   [tags: American History]

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Caught in the Crossfire: The 2nd Amendment, Ownership, and Concealed Carry

- In the 20th century, governments around the world murdered over one hundred seventy million of their own people after they denied citizens the right to the ownership of guns (Macy, 2012). Now, we live in a country where there are a myriad of parties that each support different aspects of gun ownership and gun control. Those who are pro-ownership want citizens to be allowed to own guns. Those who are pro-carry agree and state that citizens should also be allowed to carry concealed weapons. Those who are pro-ban oppose both of the other parties and believe that citizens should be denied ownership of a firearm....   [tags: guns, control, ownership, constitustion]

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Infringing the Fourth Amendment: Edward Snowden and The NSA

- Mass surveillance by the United States Government has been a predominant reoccurring issue since classified government documents were leaked in May of 2013. These leaks lead to one of the most significant debates about an individual’s daily life in decades; the constituent’s right to privacy. According to the fourth amendment of the United States’ Constitution, section 1, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”....   [tags: mass surveillance, privacy, ]

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Attempts to Mends the Nation During the Reconstruction Era

- Historians are right to call Reconstruction one of the “darkest” times in American history. Nobody was sure of anything. After the Union victory over the Confederacy, politicians were tasked with trying to mend a nation divided down the middle. It was a time of many questions (Independence Hall Association in Philadelphia, 2008). Questions ranging from: What would be the conditions of readmitting the Confederate States back into the Union. Who would be tasked with creating the terms, Congress or the President....   [tags: plans, government, slaves]

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Debate about What Exactly is Covered by the Fisrt Amendment

- There has been much debate about what exactly is covered by the first amendment. True, it blankets free speech, but should it always apply. Obviously not when public safety is at stake. For example, yelling “Fire!” in a crowded area is punishable by law because it causes public endangerment. But, some people insist these restrictions to free speech should be more generally applied. Some even believe newspapers should be censored. They even go so far as to state certain pictures should not be published at all because they believe pictures could negatively affect the general public....   [tags: free speech, censorship, quang duc]

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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 Lovings v. The State of Virginia

- Richard and Mildred Loving were prosecuted on charges of violating the Virginia state’s ban on interracial marriages, the 1924 Racial Integrity Act. The Loving’s violated Virginia law when the couple got married in Washington D.C., June 1958. The couple returns to their home in Central Point, Virginia. In the early morning hours of July 11, 1958, the Loving’s were awakened by local county sheriff and deputies, acting on an anonymous tip, burst into their bedroom. “Who is this woman you’re sleeping with?” Mrs....   [tags: interracial marriages legislation]

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The 12th and 15th Amendments

- Since the founding of the United States on July 4th, 1776, we have had two guiding documents. First the Articles of Confederation and second the United States Constitution. The articles failed so the Constitution of the United States was made in place of them. The US needed the constitution to set up guidelines and rules for the government. In the constitution there is a clause the mentions amendments being ratified if the need arises. There have been 27 amendments to the document. The 27 amendments touch upon the bits and pieces the original form of the constitution missed....   [tags: Independence, Constitution]

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On the Fourth Ammendment of the Constitution

- According to the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Without the Fourth Amendment, people would have no rights over their own personal privacy. Police officers could just enter people’s houses and take anything that they could use as evidence and use it against them. With the advancement in today’s technology, it is getting more and more difficult to define what exactly privacy is to us, and whether or not the Fourth Amendment protects it....   [tags: you cannot search my home without a warrant]

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The Revolution of Incorporation

- In 1789 James Madison introduced the Bill of Rights-the first ten amendments of the Constitution, to the First Congress. The Bill was heavily influenced by Virginia’s Declaration of Rights and used primarily to protect the citizen’s rights and liberties as well as, as a limitation on the federal government. The “original Constitution contained few guarantees” for civil rights and liberties therefore, the Bill of Rights strengthened them mitigating fears about the new national government (O’Brien 324)....   [tags: Law]

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Court Cases Upholding the Amendments

- Amendment 1 1. United States V. Alvarez, 567 U.S._ (2012) 2. Xavier Alvarez, member of the Three Valleys Water District Board of Directors, was asked and invited to give some background information on himself to the rest of the Water District Board during a meeting with the Walnut Valley Water District Board. While giving his speech, he had provided false information about himself concerning his time as a Marine, and his gracing of the Congressional Medal of Honor. As it turns out, he had never won a Medal of Honor, nor had he ever served in the Marines....   [tags: xavier alvarez, stafford school, terrance graham]

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Analysis of the 8th Ammendment

- The bill of rights also known as the first ten amendments to the constitution was finally ratified in 1781. The purpose of the Bill of rights not only limits and acts as a type of restriction towards the power of the government but while doing so it benefits the citizens by securing their rights and reduces the considerable amount of federal authority. After seeing that the constitution did not meet the requirements of all states, the imposition of the Bill of rights reassured the people that their rights would not be violated, that the government would not oppress them and that it would protect them against tyranny....   [tags: The Bill of Rights]

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America's Reaction to the Eighteenth Ammendment

- In 1917 was the point in history where Congress passed the Eighteenth Amendment to amend the Constitution which stated that it prohibited the export, import, manufacture, sale, and transportation of alcoholic beverages in the United States. This law sparked rebellion in American citizens across the nation; many people thought this law violated their right to live by their own standards. The implementation of the 18th amendment created a large number of bootleggers who were able to supply the public with illegal alcohol....   [tags: Prohibition and crime]

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The Bill of Rights Amendments

- The United States constitution has an amendment process that has been included in the Bill of Rights. The amendment allows Americans to make changes to the September 17, 1789 United States Constitution, that was ratified and made law (Zink 450).. The amendment process has made it possible for the constitution to change moderately, than being overhauled, and it has been changed to adhere to the current times and changes. The Second Amendment to the US constitution is part of the Bill of Rights that guarantees all American citizens the right to keep and bear arms....   [tags: United States, Constitution, Government]

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Civil Liberties are Constitutional Protections Against the Government

- ... The Supreme Court ruled that slaves were not citizens of the United States, nor were they entitled to the rights and privileges of citizenship. The Court also ruled that the Missouri Compromise, which banned slavery in the territories in the southern border of Missouri, was unconstitutional, thus invalidating it. (pg. 80) Many of the Supreme Court cases over the years have been central in incorporating the freedoms given in the Bill of Rights into state legislatures. These liberties include freedom of religion, speech, press plus privacy rights and the rights of the accused....   [tags: rights, freedom, supreme court]

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19th amendment

- AMENDMENT 19 The amendment that I chose to do my report on is the 19th amendment. This amendment guaranteed the voting right to all of the American woman. The victory of this amendment took decades to be passed. In August of 1995 marked the 75th anniversary of the ratification of this amendment. This amendment was ratified on August 24,1920. The first three states to approve this amendment were Illinois Wisconsin and Michigan. When this amendment was first put out into the society the men and people didn’t know what to think....   [tags: essays research papers]

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The Lawrence v Texas Supreme Court Ruling on Same-sex Activities

- In Houston, TX back in 2002, the police responded to a reported weapons disturbance situation at the home of John Lawrence. Upon entering Lawrence’s home, police found him and a man named Tyron Garner engaging in sexual acts. Lawrence and Garner were arrested and convicted of deviate sexual intercourse in violation of a Texas statute. This statute forbids two persons of the same sex to engage in intimate sexual conduct (Lawrence and Garner v. Texas). Due Process and Liberty Clauses of the Fourteenth Amendment protected the men’s privacy....   [tags: supreme court, amercans right, sex]

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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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eighteenth amendment

- The eighteenth amendment of the United States Constitution was ratified in the year 1919. This amendment made buying, sellieng, and producing alcoholic beverages illegal. However, this amendment did not stop some on the citizens in the United States, this included some of Louisiana’s own citizens. Even though the making and selling of beer and wine was illegal the citizens did not seem to care to much. The majority of the people, who brewed their own beer and wine at home, and even the people who were involved in bootlegging were among the ones who did not believe that the amendment was constitution, and some did not get arrested with taking part in this illegal activity....   [tags: essays research papers]

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The Clean Air Act Amendments

- The Clean Air Act Amendments of 1990 (CAAA) address 189 hazardous air pollutants (HAPs) believed to be detrimental to human health and the environment and found that mercury and its compounds are one of the highest priority pollutants to investigate. The CAAA required the U.S. Environmental Protection Agency (EPA) to conduct a mercury emissions study, including those from electric utility steam generating units. In 1997, EPA released the Mercury Study Report to Congress which analyzed mercury emissions from power plants and investigated control technologies....   [tags: Environmental Protection Agency]

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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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8th amendment

- I think that executing a minor violates the 8th amendment, “No cruel or unusual punishment.” If a little kid makes a mistake and accidentally shoots a gun or does something that kills someone, and they are executed I think that that falls under cruel and unusual punishment. A court case that made it to the Supreme Court was the case of Kevin Nigel Stanford, who was convicted in 1981 of a murder committed in Kentucky when he was 17 years and 4 months old. Stanford and an accomplice repeatedly raped and sodomized a 20-year-old woman during the robbery of a gas station where she worked....   [tags: essays research papers]

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1943 Amendments to FCA

- 1943 Amendments to FCA Congress amended the FCA in 1943 against the backdrop of complains and allegations of “abuses by a number of so-called ‘parasitic’ FCA lawsuits filed by plaintiffs relying on information already in the government’s possession or public knowledge” (Lahman 2005, 902). The reliance of the whistleblowers on the information already at the disposal of the government for a qui tam lawsuit caused public outcry, and the development prompted Congress to amend the FCA in 1943. The outrageous developments in the wake of the Marcus’ ruling compelled Congress to reduce the qui tam provision and caused it to defang the FCA in 1943 (Rosenthal and Alter 2000)....   [tags: Health Care ]

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Sir Gawain and the Green Knight

- Sir Gawain and the Green Knight Sir Gawain and the Green Knight is a poem written in the fourteenth century by an anonymous author. It describes the adventures of Sir Gawain, during which his morality is put to the test. The story develops around the Christmas game with the Green Knight. In this game the challenger, the Green Knight, proposes to exchange blows with an axe within a one-year interval. At the time Sir Gawain and the Green Knight was written, Sir Gawain was considered to be the most noble and admirable of the knights of the Round Table....   [tags: Fourteenth Century English Literature Essays]

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The Second Amendment - The Right To Bear Arms

- The Second Amendment And The Right To Bear Arms Throughout the years there has been an ongoing debate over the Second Amendment and how it should be interpreted. The issue that is being debated is whether our government has the right to regulate guns. The answer of who has which rights lies within how one interprets the Second Amendment. With this being the case, one must also think about what circumstances the Framers were under when this Amendment was written. There are two major sides to this debate, one being the collective side, which feels that the right was given for collective purposes only....   [tags: Gun Bear Arms Control Essays Debate]

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Pros and Cons of the Equal Rights Amendment

- Pros and Cons of the Equal Rights Amendment The Equal Rights Amendment began its earliest discussions in 1920. These discussions took place immediately after two-thirds of the states approved women's suffrage. The nineteenth century was intertwined with several feminist movements such as abortion, temperance, birth control and equality. Many lobbyists and political education groups formed in these times. One such organization is the Eagle Forum, who claims to lead the pro-family movement. On the opposite side of the coin is The National Organization for Women, or NOW, which takes action to better the position of women in society....   [tags: Suffrage Equality Gender]

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The Fight For Equal Rights

- In 1890, Louisiana passed the Separate Car Act. The law required all railroad companies carrying passengers, needed to have separate cars for whites and non-white passengers. Planned by the Citizens Committee, the Plessy Case sought out to test the Constitutionality of the Separate Car Act, challenging it violates the Thirteenth and Fourteenth Amendment. Born in New Orleans, a 30-year-old shoemaker, Homer described himself as light complexioned because he was seven-eighths white and only one-eighth black, this made his race hard to identify....   [tags: racism, discrimination, prejudice]

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Women's Rights Ammendment Project

- Should women be given an equal rights amendment immediately as a result of second class citizenship during the colonial period which continues to this day. This amendment can be seen as a conflict to some, but to others it can be a positive stepping stone for this constantly ever-changing country as it continues through the colonial period and into today’s modern times. During historical periods women were seen more as second class citizens. There were obstacles in the way exclusively for women that would make them feel insubordinate of men....   [tags: colonial America]

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In Opposition of an Amendment to Ban Flag Desecration

- In Opposition of an Amendment to Ban Flag Desecration In 1876 a Constitutional amendment was proposed that would eliminate the Senate. In 1893, there was an amendment proposed that would get rid of the Army and the Navy, and another one that would rename the country the United States of the Earth. They all share one common dominator: they would do absolutely nothing to benefit the United States or its citizens. To this list another proposed amendment can be added: the amendment banning desecration of the American flag....   [tags: Argumentative Persuasive Argument Essays]

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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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Gun Ownership and the Second Amendment of the Constitution

- Gun Ownership and the Second Amendment Over the centuries, the Supreme Court has always ruled that the 2nd Amendment protects the states' militia's rights to bear arms, and that this protection does not extend to individuals. In fact, legal scholars consider the issue "settled law." For this reason, the gun lobby does not fight for its perceived constitutional right to keep and bear arms before the Supreme Court, but in Congress. Interestingly, even interpreting an individual right in the 2nd Amendment presents the gun lobby with some thorny problems, like the right to keep and bear nuclear weapons....   [tags: Constituton Bill Rights Right To Bear Arms]

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Fourth Amendment Exceptions

- The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v....   [tags: essays research papers]

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Brown versus The Board of Education

- During the 1950s, the United States was on the brink of eruption. Not literally, of course, but in a sense yes. Though it had been about a century after slavery was abolished, African Americans in the United States were still being treated as second-class citizens. Separate but equal, as outlined in the landmark case Plessy versus Ferguson of 1896, became a standard doctrine in the United States law. This was a defeat for many blacks because not only were the facilities were clearly unequal, but it restored white supremacy in the South....   [tags: Civil Rights Movement]

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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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Gitlow vs New York

- In the twenty century, the U.S society was in the period of tending to be a human base society. The laws in America were introduced to create a fair and regulated society for its citizens. The First and Fourteenth Amendment of Constitution granted that the U.S citizens have the freedom of speech. And the New York State had its law of Criminal Anarchy Act since 1902 for “organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means (n.p).” The citizen in the any state of the U.S should always both obey the state law and follow the national constitution....   [tags: communism, freedom of speech, criminal anarchy]

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The First Amendment and the Fight Against God

- The First Amendment and the Fight Against God On September 11, 2001, our nation experiences a terrible tragedy when four terrorist-controlled airplanes flew into the World Trade Center, the Pentagon, and a field in Pennsylvania. Over 3,000 people were killed, and thousands more were affected. In an effort to promote patriotism and unite the nation, citizens began displaying American flags, holding memorial services, and attending church. County High School also made an effort to bring together its students and faculty....   [tags: Argumentative]

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1246 words | (3.6 pages) | Preview

In Favor of Class Size Amendment in Florida

- In Favor of Class Size Amendment in Florida Merely glimpsing into a handful of the classrooms that scatter the state should signal that we have a blatant problem with too many students. With an average of 23 students per teacher from kindergarten to fifth grade and a staggering average of almost 28 per teacher in high schools, one might wonder exactly how any young person can obtain a comprehensive education. The correlations between classroom sizes and school grades around the state clearly depict the problem at hand: from 2003 to 2004 the number of failing schools increased from 35 to a grand total of 49 schools, according to the Florida Department of Education....   [tags: Argumentative Persuasive Argument Essays]

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Drug Testing is a Violation of the Fourth Amendment

- Drug testing in the United States began with the explosive use of illegal drugs, in order to curb drug abuse. This began during the Vietnam War with drug use at a climax. In general, Drug testing is a way to detect illegal drug use and deter it, usually by Urinalysis. Drug testing in the United States violates a citizen's right to unreasonable search and seizure's along with jeopardizing one's freedom. Furthermore, Drug testing is not only an unreliable invasion of a person's privacy but it assumes that one is guilty before submitting to the test....   [tags: Essays on Drug Testing]

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The Second Amendment - The Right To Bear Arms

- The Second Amendment and the Right to Bear Arms The Second Amendment to the Constitution gave United States citizens the right to bear arms. Although, the Second Amendment stated: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms. However, the framers could not foresee the type of violence we have in our cities today. Innocent citizens have and are being brutally killed due to this amendment. Stricter gun control laws must be enacted to receive these types of weapons....   [tags: Constituton Bill Rights Right To Bear Arms]

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1235 words | (3.5 pages) | Preview

The Review of Dan T. Carter’s Scottsboro

- While segregation of the races between Blacks and Whites, de facto race discrimination, had been widespread across the United States by the 1930s, nine African-American Scottsboro Boys whose names are Ozzie Powell, Eugene Williams, Charlie Weems, Willie Robeson, Olen Montgomery, Roy and Andy Wright, Clarence Norris and Heywood Paterson were accused of raping two young white women named Victoria Price and Ruby Bates in Alabama in 1931. Along with the dominant influences of the Scottsboro cases on American civil rights history, the landmark case has substantial impacts on the U.S....   [tags: discrimination, supreme court, effective counsel]

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1377 words | (3.9 pages) | Preview

Interracial Marriage in the South Before the Civil Rights Movement

- An interracial couple married in Washington DC with the intentions of returning to their home state, Virginia, which strictly banned interracial marriages and did not allow any colored person to live with a white person as husband and wife. Mildred Jeter, who was black, and her husband Richard Loving, who was white, decided to return to their home state in Virginia in 1958. In October they were charged with unlawful cohabitation and where immediately sent to jail. In the courts eyes they violated the Virginia code 20-59 which stated: "Leaving State to evade law....   [tags: marriage, unlawful, jail, rights]

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622 words | (1.8 pages) | Preview

The Federal Government has Reduced Individual Rights

- What do transportation laws, public education, and welfare programs have in common. All of them are not instituted solely by the state governments but by the central government. These are just a few examples that show the power of the central government has dramatically increased from when it was first instituted (Nosotro). There are many factors that have fueled this increase, but one major cause is the Seventeenth Amendment. The Seventeenth Amendment was added to the Constitution in the early 1900’s and called for the direct election of senators....   [tags: Seventeenth Amendment ]

Research Papers
2221 words | (6.3 pages) | Preview

Who Decides to Enter a War?

- The Ludlow Amendment was brought about because of a very powerful and extreme isolationist minority. This group thought that the amendment would not only save lives and exempt the United States from another costly war, but also democratically empower the American people and take the power of declaring war away from President Roosevelt. Furthermore, isolationists wanted control of the United States’ foreign policy to be taken from the president and given to the people. However, as conflict brewed in Asia and Europe, and President Roosevelt cobbled together a strong opposition to the isolationist movement, the Ludlow Amendment as well as the movement of isolationism collapsed....   [tags: Ludlow Amendment]

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Construction of an Islamic Center near Ground Zero

- The approval by the authorities in the United States to build an Islamic cultural center at a location near the spot of the September the eleventh attacks in America resulted in a controversy that touched on the basic rights of Americans protected by the first amendment of the American constitution. The Commission for Landmark Preservation in New York approved the construction of the Islamic center just two blocks away from the site of the World Trade Center because the two buildings torn apart to give way for the construction of the Islamic center were not very distinctive landmarks in Manhattan (Aljazeera)....   [tags: The First Amendment]

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1464 words | (4.2 pages) | Preview

The African-American Civil Rights Movement 1955-1958

- The civil rights movement in the United States was the start of a political and social conflict for African-Americans in the United States to gain their full rights in the country, and to have the same equality as white Americans. The civil rights movement was a challenge to segregation, the laws and ordinances that separated blacks and whites. This movement had the goal to end racial segregation against the black Americans of the United States. Many different acts and campaigns of civil resistance represented this movement....   [tags: segregation, discrimination, equal rights]

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Civil Rights Movement in the 1950s

- ... Ferguson was settled, and Homer A. Plessy did not win his case. The constitutionality of state laws that required racial segregation in public facilities, remained under the doctrine of ‘separate but equal.’ The Supreme Court continued to uphold the principles of the Jim Crow laws. The conducts of ‘separate but equal’ went on for almost sixty more years, until a case conveyed to the Supreme Court in 1952, known as Brown v. Board of Education, argued that “separate school systems for blacks and whites was inherently unequal, and that this violated the ‘equal protection clause’ of the Fourteenth Amendment.” This case would bring a new insight to the idea of wanting to “reverse Plessy v...   [tags: segregation, goal, protest, laws]

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3251 words | (9.3 pages) | Preview

Significance of The Free Exercise Clause

- The Free Exercise Clause of the First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Meaning, Congress cannot forbid or ban the exercises or beliefs of any religion. However, the government can in fact interfere with religions practices. This means that the government cannot prohibit the beliefs of any religion, but can intervene in certain practices. The origins of the first Amendment date back to when the Constitution and Bill of rights were first being debated and written down....   [tags: First Amendment ]

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598 words | (1.7 pages) | Preview

Lowering the Voting Age to 18

- Many people opposed the change of voting age, but others believed that it should be lowered. People who think that the voting age should stay the same usually are the conservative people who want to keep the old customs as they are. People who are conservative are usually cautious about changes, and usually want to stay put without improvement. The people who want changes are usually more liberal. These people leave place for improvements, but sometimes vote for the change of things that are not supposed to be changed....   [tags: The 26th Amendment]

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The 1787 Constitutional Convention

- The 1787 Constitutional Convention was paramount in unifying the states after the Revolutionary War. However, in order to do so, the convention had to compromise on many issues instead of addressing them with all due haste. This caused the convention to leave many issues unresolved. Most notably were the issues of slavery, race, secession, and states’ rights. Through the Civil War and the Reconstruction, these issues were resolved, and in the process the powers of the federal government were greatly expanded....   [tags: American History]

Term Papers
1940 words | (5.5 pages) | Preview

Gun Control in the United States

- The problem of gun control and violence, in the United States, has been an unsolved problem. After the shootings at Virginia Tech and the movie theater in Aurora, Colorado, people started debating over whether everyone should have the right to own a gun. In 1800s, the Supreme Court decided that the “right of bearing arms for a lawful purpose is a right granted by the Constitution,” then their next decision was the “free to regulate the rights of citizens to bear arms” (“Background”). Since then, Americans citizens have been questioning the wisdom of American’s right to own a gun (NRA)....   [tags: Arms, Amendment]

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Mississippi History: Indian Removal Act, 13th Amendment, and Reverend George Lee

- ... It later was passed by Congress. Due to the Indian Removal Act the current Native American population is very low. --The Removal Act of 1830, section I, in The American Indian and the United States, A Documentary History, ed. Wilcomb E. Washburn, vol. 3 (New York: Random House, 1973) 2169"That in the making of any such exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guaranty to them, and their heirs or successors, the country so exchanged with them and if they prefer it, that the United States will cause a patent or grant to be made and executed to th...   [tags: power, population, slavery, vote, blacks]

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667 words | (1.9 pages) | Preview

Capital Punishment: Justified?

- There are wide and divergent opinions on the United States’ Supreme Court decisions on capital punishment. While proponents of capital punishment allege that it can be applied as with the existence of sufficient due process, others contend that human life is irreplaceable and that “every person has the right to have their life respected” (Oppenheim, “Capital Punishment in the United States”). While capital punishment has phased in and out of the United States’ criminal justice system in the past few decades, current trends seem to fall out of favor with the death penalty....   [tags: due process, sanctity of life, supreme court]

Research Papers
3412 words | (9.7 pages) | Preview

Arguments for Further Amendments to the NDPS Act

- ONE FINAL STEP FORWARD: ARGUMENTS FOR FURTHER AMENDMENTS TO THE NDPS ACT. INTRODUCTION: Ministry of Finance (MoF) backed by the Prime minister’s office(PMO) has decided to consider the option of further amending the Narcotic Drugs and Psychotropic Substances Act (NDPS) 1985 in the winter parliament session of 2015. The Ministry of Finance is expected to propose groundbreaking amendments which allow the state to introduce legal regulation of certain illicit drugs, including the decriminalization of marijuana possession....   [tags: Narcotic Drugs, Psychotropic Subtances]

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2298 words | (6.6 pages) | Preview

Did President Hoover Limit the First Amendment Rights of the Bonus Army?

- PROMPT: “Was President Herbert Hoover justified in limiting the 1st amendment rights of the Bonus Army?” --------------------- The question “Was President Herbert Hoover justified in limiting the 1st amendment rights of the Bonus Army?” is somewhat fallacious in that it attempts to enforce a viewpoint that Hoover did indeed limit the 1st amendment rights of the Bonus Army. The 1st amendment specifically guarantees “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” It does not provide for violent protest, nor does it prevent the government from relocating people from public property....   [tags: constitution, american presidents]

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The Constitutionality of Separation of Church and State, Freedom of Speech, and the First Amendment in Times of War

- The United States Constitution was originally drafted in 1787 and this did not contain the Bill of Rights. The Bill of Rights was ratified December 15, 1791 (McClenaghan 71). At that time, George Mason and others argued that it should not be included (Bender 27). James Madison believed that adding a bill of rights could give the government powers to take away people’s private rights (Madison 44). He stated that wherever power gives people the right to do something wrong, wrong doings will be done (Madison 44)....   [tags: U.S. Government ]

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1462 words | (4.2 pages) | Preview

Supreme Court Briefs - Civil Liberties, Cases and the First Amendment of the USA

- Supreme Court Briefs - Civil Liberties The First Amendment gives United States citizens five distinct rights. One of which gives citizens the freedom of assembly. This right gives the individual right to come together and collectively express, promote, pursue and defend the common interest. There has been many Supreme Court cases that have defined this freedom for every citizen and the United States government. Edwards v. State of South Carolina The court case, Edwards v. South Carolina, started oral arguments in December 1962....   [tags: Assembly, Civil Rights]

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1496 words | (4.3 pages) | Preview

The US Constitution on Privacy Rights

- I. Introduction The U.S. constitution contains no expression of valued rights in considering privacy. Therefore, the Supreme Court has adopted a rather narrow interpretation of the Fourteenth Amendment specifically in regards to the term liberty, as established in the due process clause . Earlier Supreme Court decisions were not concerned with how states constituted their residents. Thus, any state, at this time, was at the liberty to deprive its residents of their first amendment, freedom of speech, religion, and press....   [tags: abortion, homosexual activity, marriage]

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2169 words | (6.2 pages) | Preview

Freedom of Speech vs Censorship

- We are blessed to live in a country that has many rights, the most important is the freedom of speech which provides an umbrella of protection over our remaining rights; however, all of our rights are under attack beginning with the First Amendment which is under constant assault by censorship. The Constitution of the United States says that “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.” Censorship as defined by Wikipedia is “the suppression of speech or dele...   [tags: First Amendment]

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1223 words | (3.5 pages) | Preview

Gun Control and the Second Ammendment to the Constitution

- ... He seems to be right as we must learn to love with guns, “we will be better off with more of them in the hands of law-abiding citizens” (John). Unlike other countries where various stringent criteria must be satisfied before having a gun, Americans must be able to say “yes I have a permit by the 1st and 2nd Amendment”. Using guns has become a popular sport in the US for many years as it comes to using them for games and hunting. When America was young it had its boundaries, and the citizens needed to defend themselves against foreign aggression, but today as the 2nd largest army in the world has and our bill of $700 billion a year for a defense budget....   [tags: literature on gun violence is biased]

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554 words | (1.6 pages) | Preview

Women and the Equal Rights Ammendment in 1920

- Women have been making their mark on history ever since America was established back in 1776. During the earlier years of our lives in America, women had specific roles in which they were expected to fulfill. Women rarely worked outside of the home, personal interests were not advised, and their role was known by all. The roles of women included but were not limited to marrying, tending the home, and raising the family (Ruthsdotter). As we moved forward, however, women began expanding their roles in the world....   [tags: full time job, history, role]

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1503 words | (4.3 pages) | Preview

Students and Religious Freedom

- 1. The students’ constitutional right to wear headwear in school for religious purposes falls under the Free Exercise Clause. The clause states that the government cannot enact any law that that interferes with a person’s right to freely practice a religion (Hames, Joanne B., and Yvonne Ekern). By enacting a uniform dress policy in Thornton County that prohibits students from wearing religious headwear, it becomes an entanglement of government and religion, which is discussed in Lemon v. Kurtzman....   [tags: constitutional rights, headware, school]

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994 words | (2.8 pages) | Preview

The Historical Origins of the Second Amendment’s Protection to keep and Bear Arms

- The origin of the right to keep and bear arms all started with the culture of having guns, then events that brought fear among people, then valid arguments for the need of arms. This explains the historical origin of the second amendment's protection to keep and bear arms. Americans at first had the culture of carrying arms with them for normal life purposes; that is protection, maintaining order in the society, and hunting for food. As time went by in their new settlement areas in America, conflicts developed, and they had to have arms for protection against invasion....   [tags: Bill of Rights, American Government, Bear Arms]

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1069 words | (3.1 pages) | Preview

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