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Amendments Of The Fifth Amendment
This Amendment was passed by Congress on September 25, 1789 and was ratified by the states
December 15, 1789. It is a part of the Bill of Rights, the first Ten Amendments of the Constitution.
The Fifth Amendment has five sections or clauses. Clause number one – The right to a Grand Jury
Hearing. The Grand Jury decides whether to indict a person. This is not a trial. The exception to this
clause is, land or naval forces in service during time of war or public danger. Article 1 Section 8
gives the authority for the use of Military Courts for the Armed Forces. This denies military
personnel the same rights as civilians. Clause number two is the Double Jeopardy Clause. This
protects you from being prosecuted twice for the same crime after conviction or acquittal, or
multiple punishments for the same crime. This does not count if one is a civil case and one is a
criminal case. A person can be prosecuted by the state and the federal government if he/she has
committed a crime in state and federal jurisdiction. Usually the federal side will concede to the state
and not prosecute. Clause number three is the Self–Incrimination Clause. This clause protects from a
person that has been accused of a crime from being forced to testify against him/herself. We are
innocent until proven guilty, it is the job of the state or federal governments to prove guilt. Words
can be changed in ways physical evidence cannot. Information from sobriety tests, voice samples
etc. are admissible in court,
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The Amendment Of The 14th Amendment
Paper #1 Essay Question #2 Imagine living in a world where everyone was considered equal.
Imagine living in a world where people were considerate of others. Imagine living in a world where
everyone had the same rights and privileges. The Framers took a step at achieving this world with
the passage of the 14th amendment. The intent of the 14th amendment was to prevent state
governments from denying African Americans in the U.S. from their citizenship. At the time
Africans were unable to attain citizenship because of their skin color. The Framer's objective in
formulating the 14th amendment was to grant citizenship to everyone born in the U.S., regardless of
skin color. The 14th amendment expanded the protection of civil rights to all citizens in America.
Barron V. Baltimore (1833) is a significant case in history because it concluded that the fundamental
rights provided by the Bill of Rights were not guaranteed by the state. The U.S. Supreme Court
ruled in favor of Baltimore, concluding hat the 5th amendment was limited and should be followed
by the Federal government. Through this case, Supreme Court Justice John Marshall declared that
the Bill of Rights applied to the federal government, not including the states. According to Section 1
of the 14th Amendment, "government laws must not abridge upon the life, liberty, or property on an
individual without just cause". Because of the Due Process Clause in the 14th amendment, the
decision in Barron V. Baltimore had been
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The Fourth Amendment And Fifth Amendment
The three amendments that are used to protect the rights of those accused of a crime include, the
Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be
secure in their persons, papers, and effects, against unreasonable searches and seizures. (Peak, 2015,
p.181). The Fifth Amendment protects the accused against self–incrimination, double jeopardy, and
life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they
cannot be tried for the same offense twice, and their right to life, liberty, and property are protected
under the law. (Peak, 2015, p.193). The Sixth Amendment is the right to counsel. Any person who is
accused of a crime has the right to counsel for their defense, a speedy and public trial by an
impartial jury, to be informed of the nature of their crime which also includes Miranda rights, and to
be confronted with the witness against him/her while also having witnesses of their own. (Peak,
2015, p.195). These three Amendments in summary mean to me, that any person who is accused of a
crime is innocent until proven guilty and their rights are just as important as anyone else. They have
the natural born right to have their rights as citizens protected under the law, and ensure fair
treatment from law enforcement officers. In 1993, the Supreme Court ruled a decision on the court
case, Minnesota v. Dickerson. This court case is a following case of the original Terry v. Ohio in
1968, the
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Fourth Amendment 4th Amendment
The 4th amendment, search and seizure causes a lot of problems. Search and Seizure is the rights
that police have when they enter in a home. The standard for conducting a warrantless search,
probable cause, is the same standard necessary for a warrant to issue. An illegal search or illegal
seizure is a violation of your Fourth Amendment rights, and any evidence seized must be excluded
from trial. Normally police need a search warrant to enter into a home unless they get the consent to
enter in the home without one they normally don't go go into a home without anything. A terry pat is
when a police officer can detain or conduct a reasonable search for weapons where the officer has
the reason to believe the person is armed. Auto stops is ... Show more content on Helpwriting.net ...
Although commonly referred to as the "automobile exception," this rule applies to any vehicle,
including boats. While in some ways, it is quite a broad exception, this rule limits the ability to
search those areas that might contain evidence of the type suspected to be present. In other words, if
police suspect that the occupant of a boat is smuggling people across the border, searching a small
tackle box on board would not be permissible. However, if they were looking for drugs, they could
search the tackle box. The rationale is that, if an officer has to take the time to obtain a warrant, the
vehicle might be out of reach before the warrant can be issued and executed. The rationale here is
similar to the automobile exception. Evidence that can be easily moved, destroyed or otherwise
made to disappear before a warrant can be issued may be seized without a warrant. Furthermore, if a
suspect enters private property while being pursued by officers, no warrant is required to enter that
property in order to continue pursuit, even if the suspect is in no way connected with the property
owner. No warrant is required to seize evidence in plain view if the police are legitimately in the
location from which the evidence can be viewed. For example, an officer cannot illegally enter a
suspect's backyard and then use the plain view exception to seize an illegally kept alligator living in
the pool. But, if on the premises to serve a warrant duly issued to search for marijuana
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The First Amendment : The Second Amendment
The Second Amendment
Ever since the beginning of American Revolution in April 1775, Americans have sought to create a
nation with no ties to the British monarch and create and more, perfect union. They decided to create
a democratic, republic government consisting of voted officials voted by the people, governed by a
system of checks and balances with limited powers and the purpose of providing protection and
services to its citizens. However, The Founding Fathers believed that should the government decide
to eliminate civil rights, the citizens of the U.S. must be able to defend their rights. The First
Congress created the Second Amendment, the right for an individual to keep and bear arms and the
right for a state or local government to create and maintain a militia. However, the Second
amendment is the most controversial amendment in the Bill of Rights as many people believed that
the amendment only allows for state militia and not the ownership of firearms. Firearms have both
directly and indirectly affected the American culture with both positive and negative effects. Some
organizations have both protected our right to bear arms while others have protested congress to
abolish the second amendment.
The Second Amendment has shaped the American culture and has always a topic of discussion
between the Federal government and the people. There are more 270 million civilian firearms in
America, enough for a third of Americans to own a firearm, with more than 5.5 million
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The Second Amendment And The Fourth Amendment
Since the time the framers of the constitution, technology has improved significantly which has led
to an increasing concern in the privacy of an individual. Technology, used by government agencies
and commercial enterprises, has led to a change in one's privacy and freedom. For this reason, the
agencies and enterprises have been called into question of infringement of the fourth. Using the
lessons learned from history, the framers of the constitutions created the fourth amendment, which
protects from unreasonable searches, and the fifth amendment, which prevents a person from
incriminating himself or herself, to create a government with just laws, but with the advancement in
technology, the fourth amendment needs to expand its policies to fit the changes in modern society.
Drawing from lessons of history, the framers created the Fifth Amendment which protects an
accused person from self–incrimination, and punishment without due process of law (Edwards,
Wattenberg, & Lineberry, 2006). The framers had in mind the oath de veritae dicenda In twelve
thirteen, Pope Innocent III created a council that led trials of crimes. An accused had to swear the
oath, which was to answer all questions truthfully, when in front of the council. If the person
refused, the person was said to be guilty, and if the person pleaded not guilty he was convicted of
perjury. In top of all of this, the council would threaten eternal damnation if the person did not take
the oath (Bentz, 2012). Another
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The Equal Rights Amendment : The Consequences Of The Equal...
Ellen DeGeneres states, "I'm not an activist; I don't look for controversy. I'm not a political person,
but I'm a person with compassion. I care passionately about equal rights. I care about human rights.
I care about animal rights."("Ellen DeGeneres Quotes."). Ellen is a popular television host that isn't
afraid to express her opinion to the public. She knows that people do not need to have a high
education in equality to understand the every person deserves to be seen and treated equally. People
can still take a stand and make a difference simply by supporting a cause. Imagine being
discriminated against for something one cannot control, such as their sex. Many people had faced
this, until someone decided to take charge. The Equal rights Amendment was supposed to protect
oneself from this type of discrimination. A lot has had to happen just to get this amendment up and
running to be introduced. The equal rights Amendment has a long history and can be linked to many
famous writings, which makes it easily relatable to almost everyone. The Equal Rights Amendment
was formed to combat legal sex discrimination. The act seeks to end discrimination between women
and men in terms of property, divorce, and employment rates along with many other matters. Many
supporters of the ERA marched, rallied, and committed acts of civil disobedience just to show
awareness, but little did many know they were part taking in a historical continuum in the fight for
equality (Francis, Roberta W.).
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The First Amendment In Five Amendments
The first amendment is as powerful as a weapon, without it citizens would not have the power to
petition or peacefully protest our opinion or thoughts. Meaning that us as a society would be
powerless and have no say in our government, or how it's run. Any person who habitats in this
country has the liberty to say how they feel thus having the power to be heard. The constitution was
written during the 1700's, from authors who have personally felt and lived through the inability to be
vocal. Many people believed during that time that every citizen is entitled to basic human rights,
leading to the framers creating a document which is composed of the first ten amendments now
known as "The Bill of Rights". ("History of the First Amendment." JEM ... Show more content on
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Relating to a recent case called Elk Grove Unified School District v. Newdow (2004). ("Elk Grove
Unified School District v. Newdow." July 2008, www.oyez.org/cases/2003/02–1624") This case is
still a controversial topic today. Michael Newdow petitioned the Pledge of Allegiance, claiming that
the fragment stating "under God" is a violation to his first amendment right. His petition reached
thousands of followers and eventually was received at the Supreme Court. The court disagreed with
his case and labeled it constitutional. The reasoning behind the final ruling decision was that
Mr.Newdow's daughter has no obligation to participate in the pledge if she does not wish to. An
even more recent case was McCullen v. Coakley (2014) which is based on another controversial
topic that divides the nation, abortion. ("McCullen v Coakley." {{meta.SiteName}},
www.oyez.org/cases/2013/12–1168.) This case took place in Massachusetts at a Planned Parenthood
center. The state created a law that prevents pro–lifers from protesting about 20 feet from the
facility, as there was obviously commotion from the protestors. The Supreme Court named the state
law constitutional and defended the decision. Stating how the problem was the location of the
protest and not the actual speech
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The 5th Amendment : The Origin Of The Fifth Amendment
Good cops don't beat confessions out of people. But we are all know of police officers going to the
extreme and pushing to get information out of someone. Traditionally it's been that way, which is
why the founding fathers constituted the 5th amendment and the right to self–incrimination.
Specifically founding fathers such as James Maddison set the foundation and put this amendment
into fruition. (Levy, Leonard W. Origins of the Fifth Amendment: The Right against Self–
Incrimination. New York, Oxford University Press, 1968.) James Madison is often referred to as the
"Father of the Constitution." Madison's inspiration sprouted from the anti– federalist that believed in
the idea of a set of rules protecting them from the rule of another monstrosity such a King George
III. To this day these set of rules prove to work ALMOST perfectly.
First evolving from the fathering of the earliest form of the English law enforcement practices, the
fifth amendment brought a verity of protection to every citizen of the united states. An important
exception was added in the mid to late 80's with the Miranda court case, when the U.S. Supreme
Court found it that if public safety is at immediate risk, a suspect's statements are admissible in
court, even if his or her Miranda rights have not been explained. (Erastus–Obilo, Bethel. Everything
You Need to Know About Miranda Rights and Warning. Newmarket, Ont., BrainMass, 2012.)
Before one can discuss the fifth amendment in further depth one must
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The 4th Amendment In The Fourth Amendment
All counter–terrorism efforts potentially violate the 4th Amendment because First of all, I think that
they violate the 4th amendment science It is proved that they kind of disrespect the privacy of others
by making certain agreements with other people to get information from anywhere that people didn't
know that they were getting. Another reason that can prove that they violated the 4th Amendment is
that before this program called PRISM came out the government would go and ask for permission to
get any type of information but after this program came out It turned out that everything was a
secret. Also basically everything about getting people's information was a secret until one day a man
called "Edward Snowden" came out with this point of privacy and he had to end up leaving the
country and hiding because the government disagreed with his opinions for a reason. This letter will
attempt to the 4th Amendment by proving how all counter–terrorism efforts potentially violated
privacy. First of all, I think that they violate the 4th amendment science It is proved that they kind of
disrespect the privacy of others by making certain agreements with other people to get information
from anywhere that people didn't know that they were getting. As it says on "Does the Fourth
Amendment Protect Us? (Part–4)" "Is this the way that they want police and other people to go into
their stuff because based on the 4th Amendment this meant that the police would have needed a
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The 4th Amendment And The Fourth Amendment
The US Constitution is a living document. The founding fathers intended on keeping the
Constitution updated and current for all future generations to live by. Within the US Constitution,
Congress passed the Fourth Amendment in 1789 to protect people from unreasonable search and
seizure by the government. In the 21st century, the use of computer and mobile devices has
expanded at an exponential rate and has left many grey areas. The purpose of this paper is to explore
the Fourth Amendment as it pertains to data encryption on mobile devices, and to discuss whether
the government has the constitutional or legal right to compel a company to produce a method of
defeating the encryption. This research found that currently there is no conclusion to this
constitutionally sensitive topic of data encryption and the Fourth Amendment. The United States
government does not have any safeguards in place for a backdoor to encryption; and therefore there
is no due process to govern the use of such a tool or the handling of the retrieved information.
Unfortunately, through this research many examples have come to light that shows that the United
States government has recurrently impinged on citizens' privacy during operations, even though it is
obligated to protect said privacy. This inconsistency has created a level of animosity between the
government and the citizens. This research recommends the creation and ratification of encryption
laws that would lay out the boundaries and rules of
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15th Amendment And The 19th Amendment
Introduction:
Before the United States Constitution was implemented in 1788, there was a certain principle in
society where only men of a Caucasian race had the right to vote in elections. Many people
including women and those of different races and colors protested, marched, and fought get the right
to vote. Since the country's leaders at the time were dissatisfied with the structure of the society and
government they decided to make the US Constitution. With the making of the Constitution it
created amendments to better the rights of people and create a better society. Since women and
people of different colors and races wanted the right to vote, the constitution created the 15th and
19th amendment. According to the legal form institute website last updated on November 2nd of
2009, it stated that the 15th amendment was "the right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any state on account of race, color, or previous
condition of servitude. According to the history.com website last updated in 2010, it stated that the
19th amendment "granted American women the right to vote–a right known as woman suffrage (S)".
Ever since the constitution was made it made a huge effect on today's society and government which
gives every single person the right to vote.
Main Section:
P1:
Even though the15th and 19th amendment was both made to give everyone the right to vote, in
today's world only majority; Caucasian
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The 4-Th Amendments Of The Fourth Amendment And The 4th...
"The house of every one is to him as his castle and fortress, as well for his defense against injury
and violence as for his repose" (Coke, 1604). This statement was written by an English barrister,
judge and the greatest jurist of the Elizabethan and Jacobean eras. These powerful words value the
4–th amendment. The fourth amendment is one of the important sections in the Bill of Rights which
helps people to secure and protect their houses, papers and persons from officers who abuse their
authority. When America was a Britain colony , justices of the peace were writing laws in order to
help people earn money on customs. This political process was possible only through a general
warrant which allowed free searches and seizures to happen. It means officers could search a
suspected place without any evidences. Also, they could even to seize you without reasons.
However, in 1756 some towns like Massachusetts turned this tricky law into new one, which
prohibited the general warrant. This rule allowed citizens to live and work in peace. Later, such
movements caused to addition of The Fourth ... Show more content on Helpwriting.net ...
Firstly, the warrant is not require when search or seizure is voluntary. Secondly, searches in the
"plain view'" and in open fields such as pastures, parks, woods are also included in this list.
However, it is allowed as the evidence when lawlessness of object is obvious and valid. For
instance, in the case of Oliver v. United States, two Kentucky State police officers ignored "no
trespassing" sign and got inside defendant's field. Nearly to the defendant's house the officers found
a marijuana crop. At trial the defendant could not prove the violation of the Fourth Amendment as
searches in open fields are lawful based on The Fourth Amendment. According to the Supreme
Court open fields cannot support a reasonable expectation of privacy and are thus not protected by
the Fourth Amendment
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The Fourth Amendment : The Second Amendment
The Fourth Amendment Noah Fleck November 30, 2015 My paper is going to be focused on the
Fourth Amendment, which sets the baseline for searches and seizures. I will present what the Fourth
Amendment is, what the rights of the individual are as stated in the Fourth Amendment, what
limitations may be held within the Fourth Amendment, what must be included within the warrant,
and more. I decided to write on this topic as I believe that it is important for us as citizens to know
what our rights are, and not just rely on what we think we know about the Constitution. A country
which is educated about the rights which they have, and utilizes these rights in the correct instances
is a country which is governed by laws, and ... Show more content on Helpwriting.net ...
I have heard many people complaining and saying that the actions of the government exceeded the
parameters of the Fourth Amendment. Whether or not this is true, most of the people whom I have
talked to regarding these issues are unable to state what the Fourth Amendment actually says or
protects against. The Fourth Amendment ensures that "The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized (Cornell
University Law School, No Date)." This amendment ensures a number of things right from the
beginning. The ability of citizens to be secure in their own homes, to have their papers or
confidential documents to be secure, and the ability to refuse a search of one's person are all
important pieces to this amendment. The first portion of this amendment states that all citizens have
the ability to be secure in their persons. So what does this mean? According to the Merriam–Webster
online dictionary, the word person in this context is meant to include "the body or clothing of a
person especially when considered as a place to hide things (Merriam–Webster, 2015)." This would
include things such pockets, socks, shoes, and anywhere something may be able to
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4th Amendment And The Fourth Amendment
This paper focuses on the Fourth Amendment and the Fifth Amendment cases of the Supreme court
and the exclusionary rule. The first case was an issue with the Fourth Amendment, Whren v. United
States. On June 10, 1993, several plainclothes police officers in unmarked cars were patrolling in a
high drug area in Washington D.C.. for illegal drug activity (Hall, 1996). When observing a
pathfinder at a stop sign with temporary tags remaining at the stop sign for an extended period
blocking the vehicles that had stopped behind them (Hall, 1996). When officers decided to drive the
opposite direction, they observed the driver in the pathfinder staring over in the lap of the passenger
to the right officers had made a U–turn with the intention to follow the pathfinder when its driver
made a right–hand turn without signaling and drove down a street at an unreasonable speed (Hall,
1996). One officer got out of the unmarked police car walked up to the Pathfinder on the driver's
side observing the passenger Whren holding a plastic bag in each hand appearing to look like
cocaine base, officer yelled "CSA" to advise partner of a possibility of a violation of a Controlled
Substance Act, having Whren yell "pull off! pull off and saw him taking the cover off the power
window control panel and placed one of the bages inside the hidden compartment (Hall, 1996). The
officer immediately dove across the driver and seized the second bag from
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The Fourth Amendment And The 4th Amendment
A persons property is often what they take pride in, which makes it easy to see why the saying "a
mans home is his castle" is so popular and widely understood. So when the gates of their castle get
knocked down and their treasures taken; the king of the castle is left with nothing to hold as his own.
Americans right to be secure is the moat surrounding their castle, it guarantees Americans protection
against unreasonable search and seizure. The right to be secure is guaranteed in the 4th amendment
of the Bill of Rights, which is a section of the U.S. Constitution listing a citizens guaranteed rights.
The U.S. Constitution was written in 1787 but lacked the support required to be ratified; as it needed
support from 9 of the 13 states prior to its ratification. The constitution received the backing of its
9th state after adding the Bill of Rights to the Constitution. The addition of a Bill of Rights was
required for the support of many states as one of the largest concerns the states had with the
Constitution was that the Government would have too much power and control over citizens. So the
addition of a Bill or Rights stating what the Government may or may not do as well as guaranteeing
the freedoms and rights of citizens helped end the states concerns. The support after the addition of
the Bill of Rights led to the Constitutions ratification on March 4th, 1789. As stated by the Legal
Information Institute; the Fourth Amendment guarantees "[t]he right of the people to be
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The Amendment Of The Fourteenth Amendment
The Fourteenth Amendment stopped unlawful actions by states. It also gave Congress the power to
enforce the amendment through new laws that benefited and were fair to everyone. The Fourteenth
Amendment represents part of the extension of the power of the national government over the states.
It has been cited in more court cases than any other part of the Constitution. It made it possible for
new legislation that has protected the rights of many throughout the United States and has helped
uphold equality. Although the language is simple it has caused lots of controversy over its
interpretation. Beginning with the Slaughterhouse Cases, the Supreme Court has decided cases
involving the Fourteenth Amendment by being selective about how to apply the most minimal rights
needed to decide each case, and never really declaring that the Fourteenth Amendment protects all
rights recognized by the Constitution. This has led to the adoption of selective incorporation and
unremunerated rights. The Slaughterhouse Cases, 83 U.S. 36 (1873), was the Supreme Courts first
time attempt to interpret the Fourteenth Amendment in its relation to peoples Constitutional rights. It
was important in establishing the privileges and immunities clause. Ratification provided the
Supreme Court with a way for protecting economic rights starting with overturning the Dred Scott v.
Sanford case, 60 U.S. 393 (1857). The Amendment started out with the idea to make sure that blacks
would not be denied their
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The First Amendment Of The Fourth Amendment
Protection against unreasonable search and seizures is like information on what is in our food. It is
our right as Americans to have it. When the Constitution was written in 1787, only nine of the
thirteen colonies signed it. Ever since 1789, the Bill of Rights– which includes the first ten
amendments– have been a part of the Constitution. The citizens did not want the government to be
able to enter their homes whenever they felt the need to, thus Amendment four was born. According
to the National Archives, Amendment four is: The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized. This means that police
officers cannot enter someone's house or search someone's things without a warrant, and the warrant
must be for a good reason. There have been many changes involving this amendment due to many
modern things that have been invented since the amendment was first written, for example, cell
phones and automobiles. These modern effects cause us to reassess the fourth amendment and what
it means. According to The Foundation for Economic Education, James Otis, who was an advocate
for Amendment four stated, "A man's house is his castle; and whilst he is quiet, he is as well guarded
as a prince in his castle.
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The Fifth Amendment : The Fourth Amendment
Fifth Amendment
The Fifth Amendment (Amendment V) which is followed by the United States Constitution belongs
to the part of the Bill of Rights and will protect each and every individual from being compelled to
witnesses against themselves in all sorts of criminal cases. "Pleading the Fifth" is a sort of informal
term used generally for invoking the right which allows the witnesses to decline the chance of
answering the questions which may lead the answers that might incriminate them, and basically it
wouldn't provide any criteria to suffer a penalty to propound the right. This sort of evidentiary
privilege makes sure that defendants generally the accused cannot be coercing to become the
witnesses at their own trials. If, however, by any ... Show more content on Helpwriting.net ...
The Fifth Amendment protects each and every individual, not just citizens. Top most scholars taken
this into consideration and stated that the Fifth Amendment which is familiar to almost every
individual can be classified by breaking down into five distinct constitutional rights:
Right to accusation of serious crime by the grand jury before any criminal charges for illegal crimes.
A prohibition on double jeopardy.
A right against forced self–incrimination.
A guarantee that all criminal defendants have a fair trial.
A guarantee that government cannot seize private property without making a due compensation at
the market value of the property.
In consideration when the Fifth Amendment originally applied only to federal courts, then during
that time U.S. Supreme Court has incorporated partially the 5th amendment to all the states through
Fourteenth Amendment which is the Due Process Clause. The incorporation of right to indictment
by the Grand Jury has not been followed, right against self–incrimination, right against double
jeopardy, and the protection against arbitrary taking of a private property have all been incorporated
to the states without due compensation.
Grand Juries
Deeply–rooted in the Anglo–American tradition, the grand jury which was originally introduced a
very long back
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Amendments Of The 18th Amendment
Amendments: Prohibition and its Repeal In the United States, certain rights have been guaranteed to
American citizens. The creation of the Constitution was created to make sure American's always had
these rights. This led to a Utopian world in the eyes of congress when it was really Dystopian. The
18th Amendment known as the Prohibition era was expected to be good for America when in reality
it brought more problems than expected. After seeing the problems Prohibition caused, the 21st
Amendment was enforced and put an end to the era and the dystopian aspect of it all. The United
States' constitution was created to make sure that certain rights were guaranteed to America's
citizens. The constitution was signed on September 17, 1787 by delegates to the Constitutional
Convention in Philadelphia in the presence of George Washington. The Constitution has been
around for over 200 years and to this day has 27 amendments. America has significantly grown in
population and the economy has expanded much more than the delegates could have ever imagined,
but through all of America's changes, the Constitution has adapted as well. The first 10 amendments
are the Bill of Rights. Even though the Constitution was created to make sure that American's had
certain rights, it has also taken some away. For example, the 18th amendment, which was later
repealed by the 21st amendment. The ratification of the eighteenth amendment was known as the era
called Prohibition. Prohibition came about
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The Fourth Amendment And The Second Amendment
The Fourth Amendment was passed by Congress on September 25, 1789. However, it was ratified
on December 15, 1791. The Fourth Amendment is part of the first 10 Amendments which form the
Bill of Rights. The Fourth Amendment is made to protect people from unlawful searches and
seizures. This means that the police can 't search a person's house without a warrant or probable
cause. The founders of the Fourth amendment believed that freedom from government intrusion into
one's home is a natural right and fundamental to liberty. The idea of this is to protected citizens from
unreasonable searches and seizures. However,the Fourth Amendment has been debated for the last
several years, as police and intelligence agencies in the United States have ... Show more content on
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Weeks ' argument was that the 4th Amendment is meaningless unless it provides some real
protection. Stating that people are safe from unreasonable searches and seizures has little value
unless it is clear that evidence from such searches cannot be used in federal court. He also added
that federal officials should not be able to break the law in order to enforce the law. The United
States' argument against Weeks' prosecution proceeded logically; an arrest was made in connection
with a search, and further searches produced further evidence of wrongdoing. At all times the
officers were acting upon a growing body of evidence which suggested Weeks 's involvement in
illegal activity. Weeks was guilty; he was in possession of evidence which was incriminating, and he
should be punished. This case has had an effect on society because it shows how the rights of an
individual were considered less important than the administration of justice. This case marked a
turning point in the Supreme Court 's thinking. With the introduction of the exclusionary rule, the
Court devised a way of enforcing the Fourth Amendment. Since evidence seized unlawfully could
no longer be used in federal court against a defendant, a prosecutor might lose or drop a case for
lack of evidence. Having the police be careful next time to obtain search warrants and make sure
their searches and seizures are legal. The
... Get more on HelpWriting.net ...
Balanced Budget Amendment
As we discussed and read about this week in our class, the topic of the US Budget and how, why and
what should we do about it has become a topic with many views and opinions. The United States of
America currently holds over 16 Trillion dollars in debt based on our governments spending
practices for the last ten years. Two wars, numerous fiscal collapses and cliffs, a bubble popped
housing market, looming medical care costs from a socialized healthcare law and a recession have
caused the government to acquire enormous amounts of debt. This debt with caused by what seems
to be from irresponsible spending on both the Legislative and the Executive Branches have done
nothing to lessen this deficit. One idea that has been discussed not only in ... Show more content on
Helpwriting.net ...
Proponents of these amendments also that running deficits over the long term or persistent deficits
can be dangerous as well. When the government runs persistent deficits , a increasing portion of
consumer 's savings is used to purchase government debt instead of being invested in private capital
goods . This is called "crowding out", and this effect lower output and incomes in the future.
Growing Federal Debt can lead to a sudden fiscal crisis in and of itself. This type of crises can occur
when debt levels become so large in relation to the economy 's output that the government has
difficulty selling it. Current and potential bondholders lose confidence with the governments ability
to repay its debt and refuse to buy anymore. The government is then forced purchase new debt at
higher interest rates, often leading to inflation, reduction in government services and programs and
increased economic hardship on its citizens. There are several good examples of this type of debt
crisis in Argentina, Mexico and Greece. The US saw a version of this in 2011, when S&P
concerned with the US climbing debt and its credit worthiness reduced its credit rating or the ability
of the country to borrow money at lower interests rates.
A federal Balanced Budget amendment based loosely on those instituted by the States of this
country has many benefits. One such advantage
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The 8th Amendment : The Amendments Of The Eighth Amendment
The Eighth Amendment ratified in 1791, and it had three clauses. The clauses are Cruel and Unusual
Punishment, Excessive Fines, and Excessive bail. The Cruel and Unusual Punishment means that
the state and federal government restrict how extreme the punishment is to a person who has done a
crime. This clause is made so that the people that are accused are not tortured and killed cruelly. The
Excessive Fines restrict the state and federal government the amount of money a person fined for a
crime. This clause created was so that the government cannot take a lot of your money away. The
Excessive bail means that courts can't give a tremendous amount of bond to a person who has
broken the law. This clause created so that the judge and jury cannot already make their decision
before the case even begins. This is why the saying "an accused is presumed innocent until found
guilty" is established.
There are no groups that would want this amendment changed, but if there were it would be
replaced because of abortion. Abortion is a problem in America. Pro–life people believe that it's
wrong to have an abortion. Pro–life people are Republicans. Prochoice people think that it's their
own decision on whether they want to have an abortion or not. Prochoice people are Democrats.
Another time when people would want to change the Amendment was when a person's daughter that
was raped. That girl's father would want that man who raped his daughter to be put to death in the
most painful way
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Fifth Amendment And The Amendment
Fifth Amendment
History:
Once the United States won their independence from the British parliament, the Framers wrote the
Bill of Rights, which were the first 10 amendments in protecting the individual freedoms from being
hurt by the governmental bodies. The cause for this Fifth Amendment was many people were jailed
without even being accused of a crime. They have included the Fifth Amendment on September 5,
1789 and was voted for by 3/4th of the states on December 15, 1791, which describes the five
specific freedoms to American citizens.
About:
The Fifth Amendment of the constitution is the section in the Bill of Rights, which protects an
individual from being held for committing a crime unless it is indicated correctly by the police. ...
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'
Justification as follows: 'No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury'
The above statement tells that no one can be put on trial for a serious crime, unless a grand jury
decide first that there is enough proof or evidence, if there is enough evidence produced then an
indictment is issued, which means that the person who is charged with the crime will be put on trial
for the crime.
'Except in cases arising in the land or naval forces, or in the militia, when in actual service in time of
war or public danger'
Military people can go to trial without the grand jury decision, it is a case when military person
commits a crime during a war or a national emergency.
'nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb'
A person who has been acquitted in a trial by grand jury may not be put on trial again.
'nor shall be compelled in any criminal case to be a witness against himself'
It states that the government cannot make a person testify against themselves. A trial relies on
witnesses and evidence and not the testimony of the accused.
'nor be deprived of life, liberty, or property, without due process of law'
The government cannot take away a person's life, property, or freedom without following certain
steps that give the person a
... Get more on HelpWriting.net ...
The 5th Amendment And The Fifth Amendment
A man in court randomly yells out the phrase "I plead the fifth," and now he doesn't have to talk
anymore! When the man said I plead the fifth he refers back to the fifth amendment. The fifth
amendment says this, "No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person
be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in
any criminal case to be a witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for public use, without just
compensation." Well first of all who introduce the famous 5th amendment. Well according to the
Kids Laws they said that, "The Fifth Amendment was introduced into the Constitution by James
Madison." (kids.laws.com). So really James Madison was the one who introduced the whole concept
of having that as the 5th amendment and well the White House does describe him as "... a small,
wizened man, appeared old and worn" (whitehouse.gov) he was indeed a very smart man. Well now
over the course of the amendments time there has been some controversy about the amendment,
according to Constitution Daily, they made a whole story having to do with asking the question, "Do
government employees like an Internal
... Get more on HelpWriting.net ...
The Fourth Amendment Of The Fourth Amendment
When the colonists established the bill of rights in the 18th century, the fourth amendment seemed
unambiguous. The government needed to respect the right for people to be "secure in their persons,
house, papers and effects, against unreasonable searches and seizures and not be violated, and no
warrants shall issue, but upon probable cause." The difference between today and eighteenth century
is that many more situations have come up that weren't around during the eighteenth century. New
technologies, new threats and new circumstances have risen that may diminish the restriction on the
fourth amendment. In order to protect society from new threats and circumstances in America, the
Supreme Court expands their understanding of the fourth amendment to apply it to the new world.
The idea of the respect for privacy antedates American law. Over one thousand years ago a Roman
statesman by the name of Cicero says that there is nothing that should be less dishonored than the
home of man and it is immoral to violate his place of safety. Although this may true, government has
always had a thirst for information. One major example of this is between the English kingdom and
the thirteen colonies. Until 1768 there was something known as the salutary neglect were Britain
wasn't enforcing many of their laws. Due to the major debt from the French and Indian war, laws
involving taxes and controlling American smugglers, needed to be put in place. One key aspect that
helped enforce these
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The Fifth Amendment Is The Amendment
The 6th amendment is the amendment where a person is able to a speedy and public trial by an
impartial jury in the state or district crime is committed, can get informed about why you are in
court, you also have a right to an attorney if you cannot afford one then one should be appointed to
you. i will also be explain how even the people who are not even united states citizens have the right
to the sixth amendment. There are major cases that i will go over that will help cement what the
sixth amendment is how it can make or break a case. How the case has changed with everything that
is going on in the United States so i will talk about that. The sixth amendment is the right to speedy
trial and public trial by an impartial jury of the state and district where crime committed, Informed
of the nature and case of the accusation against them, To be confronted by the witness Against them,
To have compulsory process for obtaining witnesses in their favor have the assistance of counsel for
their defense. The sixth amendment was created and passed in 1789 when the bill of rights were
accepted and passed, and then in 1891 congress went back and ratified the amendment. Congress
passed this amendment because they felt that the British were ruling and not treating the criminals
not fairly when it came to sentencing. The founding fathers also wanted to protect the rights of the
accused; it also provides fair protections from prosecutions and investigations. An example of this is
during
... Get more on HelpWriting.net ...
The Amendment And The Rights Amendment
Possibly the most conversational amendment to every make it's way through the Senate and the
House was the Equal Rights Amendment in 1972. The Equal Rights Amendment was, "introduced
through the twenties, thirties, forties, fifties, and sixties without success" (Schneir, 369). Various
organizations such as the National Woman's Party (those who proposed it), National Organization
for Women, the Women's Department of the United Auto Workers, and many other feminists worked
most if not all of their lives to pass this specific amendment. In the early 1970's, the House approved
the amendment by a large ratio of 354 to 23. Additionally, in 1972, the Senate also passed the
amendment by another shocking ratio of 84 to 8. Unfortunately, the amendment did not pass by its
deadline of June 30th, 1982 by only thirty–five states approving it for ratification by at least thirty–
eight states (Schneir, 370). There were various reasons why the amendment did not pass, and
Miriam Schneir discussed several of these in the section Equal Rights Amendment in the book
Feminism in Our Time. Though the Equal Rights Amendment had various dedicated supporters
working to pass it, it also had several Anti–Equal Rights Amendment working to make sure it DID
NOT pass. One key figure in this Anti–Equal Rights Amendment was Phyllis Schlafly. Schlafly
argued that the passing of the Equal Rights Amendment would cause there to be a boom in the
creation of unisex bathrooms. She argued that bathrooms
... Get more on HelpWriting.net ...
The Amendment Of The Fourteenth Amendment
According to the thirteenth amendment, "neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction." The purpose of the thirteenth amendment was to
end slavery or any form of involuntary servitude everywhere among the United States. There was
new hope for African Americans throughout the country but unfortunately their freedom had a limit
and coincidentally, President Lincoln was assassinated shortly after. Jim Crow laws were established
among the states and local laws enforcing racial segregation in the southern states of the United
States up until 1965. This is how white southerners ... Show more content on Helpwriting.net ...
Wells,"Lynch Law in America,") Over a hundred of African Americans were lynched every year.
The unwritten law was practiced for thirty years, inhumanly butchering thousands of men, women,
children by either drowning, hanging, shooting, and burning them alive. By this point, the national
law was irrelevant and the unwritten law was superior among the southern states. With every killing,
white Americans would invent an excuse accordingly and to make matters worse, they realized it
was sufficient to put anyone to death if the crime was against a woman, no matter if it were true or
not, since it was under the unwritten law, which did not allow any sort of trial. This accusation was
done in "the interest of those who did the lynching to blacken the good name of the helpless and
defenseless victims of their hate. For this reason they publish at every possible opportunity this
excuse for lynching, hoping thereby not only to palliate their own crime but at the same time to
prove the negro a moral monster and unworthy of the respect and sympathy
... Get more on HelpWriting.net ...
The Amendment Of The Fourteenth Amendment
The Fourth Amendment Introduction The Bill of Rights are the first ten amendments from the
United States Constitution. The Bill of Rights was written by James Madison on December 15,
1791. The purpose of the Bill of Rights is to address the rights of the individuals that the
Constitution did not specified correctly and it also was written to protect the rights of the individuals
liberties even if the majority wanted to take them away. In the Fourth Amendment of the U.S
Constitution provides privacy as it states in the Constitution "the rights of the people to be secure in
their persons, house, papers and effects, against unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched,and the persons or things to be seized." this
amendment assures you how you have the right to your privacy a personal life or just technology
without a search warrants. The Fourth Amendment was added to the Bill of Rights because it deals
with the privacy for the individuals and because the people have the right to feel secure in their
house or while using their technologies. There has been many court cases regarding the rights that
the Fourth Amendment provides. For example in the article "Creating a Fourth Amendment
loophole" talks about how there was a policeman who suspected drugs in an apartment and kicked
the door open without a search warrant. When they
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The Amendment And The Fourteenth Amendment Essay
Now Cometh Triginal D. Jackson in a Motion for Dismissal on the grounds of excessive
Governmental Involvement and abuse of Fourth Amendment 's "right of the people to be secure in
their persons" the Fifth Amendment. Ninth Amendment, and the Fourteenth Amendment.
First Amendment Protects:
The First Amendment protects Mr. Jackson form use of hypnosis to create a criminal act. Schenck v.
United States, 249 U.S. 47, 39 S.Ct. 247, 63 L.Ed.2d. (1919) Brandenburg v. Ohio, 395 U.S. 444, 89
S.Ct. 1827, 23 L.Ed.2d. 430 (1969): West Virginia State Board of Education v. Barnette, 319 U.S.
624, 87 L. Ed. 1628, 63 S. Ct. 1178 (1943): West Virginia State Board of Education v. Barnette, 319
U.S. 624, 87 L. Ed. 1628, 63 S. Ct. 1178 (1943): Wooley v. Maynard, 430 U.S. 705 (1977): The
Supreme Court agreed with him, saying, "We begin with the proposition that the right of freedom of
thought protected by the First Amendment against state action includes both the right to speak freely
and the right to refrain from speaking at all." The Supreme Court agreed with him, saying, "We
begin with the proposition that the right of freedom of thought protected by the First Amendment
against state action includes both the right to speak freely and the right to refrain from speaking at
all." Texas v. Johnson, 491 U.S. 397, 109 S.Ct. 2533, 105 L.Ed.2d 342 (1989): concluding that there
is no legitimate government interest in protecting the U.S. flag where the sole act in question is
destroying the flag in
... Get more on HelpWriting.net ...
The Amendment Of The Fourteenth Amendment
John A. Bingham, Republican of Ohio had long been a believer in the idea of equal protection of the
laws for all people, and was one of the leaders of the effort to pass the Fourteenth Amendment.
While aware of the need to prove the constitutionality of the Civil Rights Act with the Fourteenth
Amendment, Bingham did not actually believe that the Fourteenth Amendment created any new
rights. Rather, he believed that it created a new understanding of rights already in the Constitution.
Bingham maintained that, "The...equal protection of each [in] those sacred rights which are as
universal and indestructible as the human race...are by this Constitution guaranteed...'" The
guarantee to which Bingham was referring is contained in the Fifth ... Show more content on
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This statement encapsulates why the framers of the Fourteenth Amendment found it necessary to
include that, "No state shall...deny to any person within its jurisdiction the equal protection of the
laws." Bingham's reading of the Constitution already incorporated this point, but Rogers' certainly
did not, so by placing it in the Fourteenth Amendment, the framers ensured beyond all doubt that the
right of all citizens to equal protection of the laws would be part of any subsequent reading of the
Fourteenth Amendment. The Fourteenth Amendment accomplished three important things in terms
of providing equal protection of the laws. These three things, which are found in Sections 1 and 5,
were providing a definition of citizenship, declaring what protections states were required to give to
their citizens, and giving the federal government broad power to take action against states that did
not provide the necessary protections to their citizens. While it might at first seem superfluous, one
of the most important parts of the Fourteenth Amendment was that it provided a definition of who
was a citizen of the United States. However, in the infamous Dred Scott decision, the Supreme
Court, led by Chief Justice Taney had held that, "A free negro of the African race... is not a 'citizen'
within the meaning of the Constitution of the United States," and thus, only whites were entitled to
constitutional rights. The
... Get more on HelpWriting.net ...
Equal Rights Amendment
The Equal Rights Amendment, which was introduced in 1923, was a movement for women's rights
that ultimately lasted until 1982. The Equal Rights Amendment is discussed in our textbook,
America, A Concise Theory, on page 898. This particular site was chosen because it comes directly
from the website dedicated to the history of the Equal Rights Amendment. The amount of
informative content and photos was also a factor in choosing this website. Although there were
several interesting facts in the articles, three stuck out to me the most. The first interesting piece of
information was the amount of effort it took to allowing equal voting rights. In 1848, Elizabeth
Cady Stanton and another woman, Lucretia Motts, gathered over 300 people for a two day meeting
to bring attention to the lack of equality. After several resolutions were passed fairly easily, equality
in voting still proved to be a problem. Twenty four years later in 1972, Susan B. Anthony was
arrested, convicted and fined for trying to cast a ballot in the election. Stanton, Motts and Anthony
all pioneered the way for women to work towards equality in voting, but all died before they ever
had a chance to cast their own votes. The second interesting fact of the articles was how the 19th
Amendment passed. At the start of the 20th century, the 19th Amendment, which is women's rights
to vote, seemed to be making major progress. More than half of the required states ratified the
amendment within the first year,
... Get more on HelpWriting.net ...
The First Amendment Of The 21st Amendment
Savannah Hardy Mr. McKown Government Dec. 6, 2017 Unique Amendment The Eleventh
Amendment was the first to revise the constitution after the ratification of the first ten amendments
in the Bill of Rights. It was passed by Congress on March 4, 1794. "The Judicial power of the
United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted
against or of the United States by Citizens of another State, or by Citizens or Subjects of any
Foreign State."(Constitution law.com) The Eleventh Amendment resulted due to Chisholm v.
Georgia, in which Alexander Chisholm sued the State of Georgia for a debt that was owed to
Captain Robert Farquhar. Farquhar was a merchant in South Carolina who sold supplies to the State
of Georgia on credit. After the war, Georgia decided that it would not pay its debt on the basis that
Farquhar was allegedly a British loyalist. Farquhar left Chisolm as the executor of his estate upon
his death, which enabled him to bring suit against Georgia. The lawsuit was heard by the Supreme
Court and rendered a decision in Chisolm's favor."(Constitution.laws.com). Congress approved the
21st Amendment on February 20, 1933, and it was ratified by state conventions throughout the year.
After 13 years, the 21st Amendment repealed Prohibition. ratified the 21st Amendment, repealing
the 18th Amendment. 21st Amendment Only applied to the sale, manufacture,
... Get more on HelpWriting.net ...
The Sixth Amendment And The Sixth Amendment
Introduction & Literature Review
Questions concerning pretrial exposure center on the tension between two guaranteed rights in the
United States, the First Amendment and the Sixth Amendment to the Constitution. The First
Amendment allows the press to print, while the Sixth Amendment promises a speedy and public
trial, that an unbiased and impartial panel directs. When the press exposes a current investigation,
including prior convictions, or admissions, a panel, or select representatives on a panel, would be
exposed. In Ruva & Guenther's (2017) experiment, researchers examined how a panel's memories,
evidence interpretations, perceptions and guilt decisions varied when pretrial exposure was present.
It was determined that representatives on a panel who were exposed would pass their bias onto other
representatives not exposed prior. Given the strong constitutional protections that the press
possesses, courts need to manage chances where pretrial exposure is present.
Purpose & Research Question
In dismissing representatives on a panel, we assume that pretrial exposure determines their
conscious decisions. With that being said, we expect a representative on a panel to know that pretrial
exposure could determine their decisions, and to know how to isolate this in deliberation. Dating
back to Nisbett and Wilson's experiment in the 1970's, decisions were determined in the
unconscious, but what determined these decisions or biases, even when biases in decisions were
mentioned, was unsure, (Newell & Shanks, 2014). In other words, one knows that biases could
determine decisions, but not theirs. This so–called bias blind spot is common in deliberation. The
ultimate question is, what is there to do concerning pretrial exposure while selecting an unbiased
and impartial panel?
Proposition
Voir dire is intended to determine whether representatives on a panel were exposed to pretrial
exposure. Dismissing representatives on a panel who were exposed to pretrial bias is unrealistic. To
combat issues concerning pretrial exposure, as well as bias, counsel will de–bias mock
representatives, as a means to de–bias perceptions and decisions, as a solution. De–biasing will
result in more reasoned and less automatic decisions. With
... Get more on HelpWriting.net ...
Amendments Of The First Amendment
First Amendment: 1. The first amendment addresses that people have the freedom to practice and
engage in a religion and the government cannot impose on this right. This same amendment also
states that we have a right and freedom of speech, press, petition the government and also peaceful
assemblies of people (so protest or even walks for different causes). 2(a): In North Carolina, there
was a law that banned sex offenders from using social media in efforts of deterring them from
preying on people through the means of the internet. Although this would sound great to a majority
of people who cannot support these evil individuals, the Supreme Court decided that by taking away
someones privilege of using social media, it was inevitably taking away their right of free speech.
The Court also went on to doing away with this law in North Carolina. This court case was
Packingham vs. North Carolina (http://www.newseuminstitute.org/first–amendment–
center/supreme–court–cases/) 2(b): In Missouri a church was deemed ineligible for receiving public
funding because it was a place of religious worship. The Supreme Court said that this imposed on
the churches first amendment rights because this church qualified for some funding and even though
it was a house of worship, the first amendment allows them to practice religion freely without any
government intervention. This also led them to say that they were eligible for funding and should
have received it.
... Get more on HelpWriting.net ...
Amendments Of The 14th Amendment
During the period after the Civil War, in the Reconstruction era, the United States adopted three
amendments. These three amendments are the 13th, 14th, and 15th. In 1865, the ratification of the
13th amendment abolished slavery (Berlin). The 14th amendment protects "privileges and
immunities" from abridgement, assures "due process of law" prior to deprivations of life, liberty, or
property, and prohibits denials of "equal protection of the laws" (Steiker). The 15th amendment
granted African American men the right to vote. All three of these amendments, known as the Civil
Rights amendments, gave rights and ensured equality to recently emancipated slaves. The law
granted rights to African Americans and protected them from "explicitly race–based capital codes"
(Steiker). African Americans, although had more rights at this point, were still treated with extreme
racial hostility, especially in the Southern states. The law was complicit, as it still allowed for
discriminatory behavior. In "The American Death Penalty and the (In)Visibility of Race," Carol
Steiker writes, "Race continued to influence the application of facially neutral capital statutes
through prosecutorial discretion, all–white sentencing juries, and the practice of extrajudicial
execution by lynch mobs." What this means is that laws were being created in ways that African
Americans would still not receive equal treatment. In certain circumstances law enforcement
officers even handed over blacks to lynch mobs.
... Get more on HelpWriting.net ...
The Fourteenth Amendment And The Sixth Amendment
The originally Bill of Rights protected the rights of citizens from infringement by the federal
government, but made no mention of the states. The Fourteen Amendment, adopted shortly after the
Civil War, protected citizenship and individual rights from infringement by state governments.
Under the Fourteenth Amendment's due process clause, the United States Supreme Court began to
apply the most important rights guaranteed in the Bill of Rights against the states. This process
began in the early 1900s and is known as the doctrine of selective incorporation. Duncan versus
Louisiana was the landmark case in which the court incorporated the Sixth Amendment right to a
jury trial against the states. In 1966, Gary Duncan was charged in Louisiana with simple battery, a
misdemeanor punishable by up to two years in prison and a three hundred dollar fine. Duncan
requested a jury trial, but at the time, Louisiana granted jury trials only to cases punishable by
execution or imprisonment at hard labor, and the Sixth Amendment right to a jury trial had not yet
been incorporated against the states. Duncan's request was denied. He was convicted after a bench
trial and sentenced to sixty days in prison and a ten–dollar fine. Duncan appealed to the Louisiana
Supreme Court, but it declined to hear the case. Duncan then petitioned the United States Supreme
Court for review, asserting that the Sixth and Fourteenth Amendments guaranteed his right to a jury
trial. The issue before the Court was
... Get more on HelpWriting.net ...
The Equal Right Amendments Of The Equal Rights Amendment
The Equal Right Amendment The Equal rights Amendment was proposed to set equality for every
citizen no matter the sex. The amendment has three sections. The first one states "equality of rights
under the law should not be denied by the U.S on the account of one's sex." Section two says that
"congress has the power to enforce this law." Last but not least, section three says the amendment
will take effect two years after ratification. The ERA is a proposed amendment made to guarantee
equal rights to all U.S. citizens no matter the sex. In 1872 when the issue was introduced to congress
it was quickly sent out to the states to get the opinion of the amendment. Many states ratified the
amendment shortly after it was sent out. The United ... Show more content on Helpwriting.net ...
Paul dedicated her life to equal rights for all women. She has impacted many people in this world
from the struggles and hardships she went through to try to make things right for women. Paul was a
very intelligent women, she graduated at the top of her class. Congress gave the amendment seven
years for ratification when it was submitted in 1972. Many states ratified the amendment quickly,
other states refused the ratification. A big debate in the time of the amendment ratification was that
women were just different then men. Women would never hold the same powers and fulfill the same
things as men. Women began to form many organizations to support the amendment. Women tried
everything in their power to get the law passed. The constitution's 14th amendment is to protect the
right of all citizens, but that does not guarantee the discrimination of the sex. The equal rights
movement would make a better standard for deciding on cases of sex discrimination. The 14th
amendment does not protect anyone from sex discrimination. The ERA would provide legal defense
to women's rights. This amendment would help all humanity, not just women. Still today, sex
discrimination is still an ongoing event. We still need the passing of the ERA. Although, since then
women's rights have improved. Women are still not equal to men. If it came down to it men would
still be chosen over a women. We, as women should still fight for the ratification of the Equal
... Get more on HelpWriting.net ...

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Amendments Of The Fifth Amendment

  • 1. Amendments Of The Fifth Amendment This Amendment was passed by Congress on September 25, 1789 and was ratified by the states December 15, 1789. It is a part of the Bill of Rights, the first Ten Amendments of the Constitution. The Fifth Amendment has five sections or clauses. Clause number one – The right to a Grand Jury Hearing. The Grand Jury decides whether to indict a person. This is not a trial. The exception to this clause is, land or naval forces in service during time of war or public danger. Article 1 Section 8 gives the authority for the use of Military Courts for the Armed Forces. This denies military personnel the same rights as civilians. Clause number two is the Double Jeopardy Clause. This protects you from being prosecuted twice for the same crime after conviction or acquittal, or multiple punishments for the same crime. This does not count if one is a civil case and one is a criminal case. A person can be prosecuted by the state and the federal government if he/she has committed a crime in state and federal jurisdiction. Usually the federal side will concede to the state and not prosecute. Clause number three is the Self–Incrimination Clause. This clause protects from a person that has been accused of a crime from being forced to testify against him/herself. We are innocent until proven guilty, it is the job of the state or federal governments to prove guilt. Words can be changed in ways physical evidence cannot. Information from sobriety tests, voice samples etc. are admissible in court, ... Get more on HelpWriting.net ...
  • 2.
  • 3. The Amendment Of The 14th Amendment Paper #1 Essay Question #2 Imagine living in a world where everyone was considered equal. Imagine living in a world where people were considerate of others. Imagine living in a world where everyone had the same rights and privileges. The Framers took a step at achieving this world with the passage of the 14th amendment. The intent of the 14th amendment was to prevent state governments from denying African Americans in the U.S. from their citizenship. At the time Africans were unable to attain citizenship because of their skin color. The Framer's objective in formulating the 14th amendment was to grant citizenship to everyone born in the U.S., regardless of skin color. The 14th amendment expanded the protection of civil rights to all citizens in America. Barron V. Baltimore (1833) is a significant case in history because it concluded that the fundamental rights provided by the Bill of Rights were not guaranteed by the state. The U.S. Supreme Court ruled in favor of Baltimore, concluding hat the 5th amendment was limited and should be followed by the Federal government. Through this case, Supreme Court Justice John Marshall declared that the Bill of Rights applied to the federal government, not including the states. According to Section 1 of the 14th Amendment, "government laws must not abridge upon the life, liberty, or property on an individual without just cause". Because of the Due Process Clause in the 14th amendment, the decision in Barron V. Baltimore had been ... Get more on HelpWriting.net ...
  • 4.
  • 5. The Fourth Amendment And Fifth Amendment The three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be secure in their persons, papers, and effects, against unreasonable searches and seizures. (Peak, 2015, p.181). The Fifth Amendment protects the accused against self–incrimination, double jeopardy, and life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they cannot be tried for the same offense twice, and their right to life, liberty, and property are protected under the law. (Peak, 2015, p.193). The Sixth Amendment is the right to counsel. Any person who is accused of a crime has the right to counsel for their defense, a speedy and public trial by an impartial jury, to be informed of the nature of their crime which also includes Miranda rights, and to be confronted with the witness against him/her while also having witnesses of their own. (Peak, 2015, p.195). These three Amendments in summary mean to me, that any person who is accused of a crime is innocent until proven guilty and their rights are just as important as anyone else. They have the natural born right to have their rights as citizens protected under the law, and ensure fair treatment from law enforcement officers. In 1993, the Supreme Court ruled a decision on the court case, Minnesota v. Dickerson. This court case is a following case of the original Terry v. Ohio in 1968, the ... Get more on HelpWriting.net ...
  • 6.
  • 7. Fourth Amendment 4th Amendment The 4th amendment, search and seizure causes a lot of problems. Search and Seizure is the rights that police have when they enter in a home. The standard for conducting a warrantless search, probable cause, is the same standard necessary for a warrant to issue. An illegal search or illegal seizure is a violation of your Fourth Amendment rights, and any evidence seized must be excluded from trial. Normally police need a search warrant to enter into a home unless they get the consent to enter in the home without one they normally don't go go into a home without anything. A terry pat is when a police officer can detain or conduct a reasonable search for weapons where the officer has the reason to believe the person is armed. Auto stops is ... Show more content on Helpwriting.net ... Although commonly referred to as the "automobile exception," this rule applies to any vehicle, including boats. While in some ways, it is quite a broad exception, this rule limits the ability to search those areas that might contain evidence of the type suspected to be present. In other words, if police suspect that the occupant of a boat is smuggling people across the border, searching a small tackle box on board would not be permissible. However, if they were looking for drugs, they could search the tackle box. The rationale is that, if an officer has to take the time to obtain a warrant, the vehicle might be out of reach before the warrant can be issued and executed. The rationale here is similar to the automobile exception. Evidence that can be easily moved, destroyed or otherwise made to disappear before a warrant can be issued may be seized without a warrant. Furthermore, if a suspect enters private property while being pursued by officers, no warrant is required to enter that property in order to continue pursuit, even if the suspect is in no way connected with the property owner. No warrant is required to seize evidence in plain view if the police are legitimately in the location from which the evidence can be viewed. For example, an officer cannot illegally enter a suspect's backyard and then use the plain view exception to seize an illegally kept alligator living in the pool. But, if on the premises to serve a warrant duly issued to search for marijuana ... Get more on HelpWriting.net ...
  • 8.
  • 9. The First Amendment : The Second Amendment The Second Amendment Ever since the beginning of American Revolution in April 1775, Americans have sought to create a nation with no ties to the British monarch and create and more, perfect union. They decided to create a democratic, republic government consisting of voted officials voted by the people, governed by a system of checks and balances with limited powers and the purpose of providing protection and services to its citizens. However, The Founding Fathers believed that should the government decide to eliminate civil rights, the citizens of the U.S. must be able to defend their rights. The First Congress created the Second Amendment, the right for an individual to keep and bear arms and the right for a state or local government to create and maintain a militia. However, the Second amendment is the most controversial amendment in the Bill of Rights as many people believed that the amendment only allows for state militia and not the ownership of firearms. Firearms have both directly and indirectly affected the American culture with both positive and negative effects. Some organizations have both protected our right to bear arms while others have protested congress to abolish the second amendment. The Second Amendment has shaped the American culture and has always a topic of discussion between the Federal government and the people. There are more 270 million civilian firearms in America, enough for a third of Americans to own a firearm, with more than 5.5 million ... Get more on HelpWriting.net ...
  • 10.
  • 11. The Second Amendment And The Fourth Amendment Since the time the framers of the constitution, technology has improved significantly which has led to an increasing concern in the privacy of an individual. Technology, used by government agencies and commercial enterprises, has led to a change in one's privacy and freedom. For this reason, the agencies and enterprises have been called into question of infringement of the fourth. Using the lessons learned from history, the framers of the constitutions created the fourth amendment, which protects from unreasonable searches, and the fifth amendment, which prevents a person from incriminating himself or herself, to create a government with just laws, but with the advancement in technology, the fourth amendment needs to expand its policies to fit the changes in modern society. Drawing from lessons of history, the framers created the Fifth Amendment which protects an accused person from self–incrimination, and punishment without due process of law (Edwards, Wattenberg, & Lineberry, 2006). The framers had in mind the oath de veritae dicenda In twelve thirteen, Pope Innocent III created a council that led trials of crimes. An accused had to swear the oath, which was to answer all questions truthfully, when in front of the council. If the person refused, the person was said to be guilty, and if the person pleaded not guilty he was convicted of perjury. In top of all of this, the council would threaten eternal damnation if the person did not take the oath (Bentz, 2012). Another ... Get more on HelpWriting.net ...
  • 12.
  • 13. The Equal Rights Amendment : The Consequences Of The Equal... Ellen DeGeneres states, "I'm not an activist; I don't look for controversy. I'm not a political person, but I'm a person with compassion. I care passionately about equal rights. I care about human rights. I care about animal rights."("Ellen DeGeneres Quotes."). Ellen is a popular television host that isn't afraid to express her opinion to the public. She knows that people do not need to have a high education in equality to understand the every person deserves to be seen and treated equally. People can still take a stand and make a difference simply by supporting a cause. Imagine being discriminated against for something one cannot control, such as their sex. Many people had faced this, until someone decided to take charge. The Equal rights Amendment was supposed to protect oneself from this type of discrimination. A lot has had to happen just to get this amendment up and running to be introduced. The equal rights Amendment has a long history and can be linked to many famous writings, which makes it easily relatable to almost everyone. The Equal Rights Amendment was formed to combat legal sex discrimination. The act seeks to end discrimination between women and men in terms of property, divorce, and employment rates along with many other matters. Many supporters of the ERA marched, rallied, and committed acts of civil disobedience just to show awareness, but little did many know they were part taking in a historical continuum in the fight for equality (Francis, Roberta W.). ... Get more on HelpWriting.net ...
  • 14.
  • 15. The First Amendment In Five Amendments The first amendment is as powerful as a weapon, without it citizens would not have the power to petition or peacefully protest our opinion or thoughts. Meaning that us as a society would be powerless and have no say in our government, or how it's run. Any person who habitats in this country has the liberty to say how they feel thus having the power to be heard. The constitution was written during the 1700's, from authors who have personally felt and lived through the inability to be vocal. Many people believed during that time that every citizen is entitled to basic human rights, leading to the framers creating a document which is composed of the first ten amendments now known as "The Bill of Rights". ("History of the First Amendment." JEM ... Show more content on Helpwriting.net ... Relating to a recent case called Elk Grove Unified School District v. Newdow (2004). ("Elk Grove Unified School District v. Newdow." July 2008, www.oyez.org/cases/2003/02–1624") This case is still a controversial topic today. Michael Newdow petitioned the Pledge of Allegiance, claiming that the fragment stating "under God" is a violation to his first amendment right. His petition reached thousands of followers and eventually was received at the Supreme Court. The court disagreed with his case and labeled it constitutional. The reasoning behind the final ruling decision was that Mr.Newdow's daughter has no obligation to participate in the pledge if she does not wish to. An even more recent case was McCullen v. Coakley (2014) which is based on another controversial topic that divides the nation, abortion. ("McCullen v Coakley." {{meta.SiteName}}, www.oyez.org/cases/2013/12–1168.) This case took place in Massachusetts at a Planned Parenthood center. The state created a law that prevents pro–lifers from protesting about 20 feet from the facility, as there was obviously commotion from the protestors. The Supreme Court named the state law constitutional and defended the decision. Stating how the problem was the location of the protest and not the actual speech ... Get more on HelpWriting.net ...
  • 16.
  • 17. The 5th Amendment : The Origin Of The Fifth Amendment Good cops don't beat confessions out of people. But we are all know of police officers going to the extreme and pushing to get information out of someone. Traditionally it's been that way, which is why the founding fathers constituted the 5th amendment and the right to self–incrimination. Specifically founding fathers such as James Maddison set the foundation and put this amendment into fruition. (Levy, Leonard W. Origins of the Fifth Amendment: The Right against Self– Incrimination. New York, Oxford University Press, 1968.) James Madison is often referred to as the "Father of the Constitution." Madison's inspiration sprouted from the anti– federalist that believed in the idea of a set of rules protecting them from the rule of another monstrosity such a King George III. To this day these set of rules prove to work ALMOST perfectly. First evolving from the fathering of the earliest form of the English law enforcement practices, the fifth amendment brought a verity of protection to every citizen of the united states. An important exception was added in the mid to late 80's with the Miranda court case, when the U.S. Supreme Court found it that if public safety is at immediate risk, a suspect's statements are admissible in court, even if his or her Miranda rights have not been explained. (Erastus–Obilo, Bethel. Everything You Need to Know About Miranda Rights and Warning. Newmarket, Ont., BrainMass, 2012.) Before one can discuss the fifth amendment in further depth one must ... Get more on HelpWriting.net ...
  • 18.
  • 19. The 4th Amendment In The Fourth Amendment All counter–terrorism efforts potentially violate the 4th Amendment because First of all, I think that they violate the 4th amendment science It is proved that they kind of disrespect the privacy of others by making certain agreements with other people to get information from anywhere that people didn't know that they were getting. Another reason that can prove that they violated the 4th Amendment is that before this program called PRISM came out the government would go and ask for permission to get any type of information but after this program came out It turned out that everything was a secret. Also basically everything about getting people's information was a secret until one day a man called "Edward Snowden" came out with this point of privacy and he had to end up leaving the country and hiding because the government disagreed with his opinions for a reason. This letter will attempt to the 4th Amendment by proving how all counter–terrorism efforts potentially violated privacy. First of all, I think that they violate the 4th amendment science It is proved that they kind of disrespect the privacy of others by making certain agreements with other people to get information from anywhere that people didn't know that they were getting. As it says on "Does the Fourth Amendment Protect Us? (Part–4)" "Is this the way that they want police and other people to go into their stuff because based on the 4th Amendment this meant that the police would have needed a ... Get more on HelpWriting.net ...
  • 20.
  • 21. The 4th Amendment And The Fourth Amendment The US Constitution is a living document. The founding fathers intended on keeping the Constitution updated and current for all future generations to live by. Within the US Constitution, Congress passed the Fourth Amendment in 1789 to protect people from unreasonable search and seizure by the government. In the 21st century, the use of computer and mobile devices has expanded at an exponential rate and has left many grey areas. The purpose of this paper is to explore the Fourth Amendment as it pertains to data encryption on mobile devices, and to discuss whether the government has the constitutional or legal right to compel a company to produce a method of defeating the encryption. This research found that currently there is no conclusion to this constitutionally sensitive topic of data encryption and the Fourth Amendment. The United States government does not have any safeguards in place for a backdoor to encryption; and therefore there is no due process to govern the use of such a tool or the handling of the retrieved information. Unfortunately, through this research many examples have come to light that shows that the United States government has recurrently impinged on citizens' privacy during operations, even though it is obligated to protect said privacy. This inconsistency has created a level of animosity between the government and the citizens. This research recommends the creation and ratification of encryption laws that would lay out the boundaries and rules of ... Get more on HelpWriting.net ...
  • 22.
  • 23. 15th Amendment And The 19th Amendment Introduction: Before the United States Constitution was implemented in 1788, there was a certain principle in society where only men of a Caucasian race had the right to vote in elections. Many people including women and those of different races and colors protested, marched, and fought get the right to vote. Since the country's leaders at the time were dissatisfied with the structure of the society and government they decided to make the US Constitution. With the making of the Constitution it created amendments to better the rights of people and create a better society. Since women and people of different colors and races wanted the right to vote, the constitution created the 15th and 19th amendment. According to the legal form institute website last updated on November 2nd of 2009, it stated that the 15th amendment was "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. According to the history.com website last updated in 2010, it stated that the 19th amendment "granted American women the right to vote–a right known as woman suffrage (S)". Ever since the constitution was made it made a huge effect on today's society and government which gives every single person the right to vote. Main Section: P1: Even though the15th and 19th amendment was both made to give everyone the right to vote, in today's world only majority; Caucasian ... Get more on HelpWriting.net ...
  • 24.
  • 25. The 4-Th Amendments Of The Fourth Amendment And The 4th... "The house of every one is to him as his castle and fortress, as well for his defense against injury and violence as for his repose" (Coke, 1604). This statement was written by an English barrister, judge and the greatest jurist of the Elizabethan and Jacobean eras. These powerful words value the 4–th amendment. The fourth amendment is one of the important sections in the Bill of Rights which helps people to secure and protect their houses, papers and persons from officers who abuse their authority. When America was a Britain colony , justices of the peace were writing laws in order to help people earn money on customs. This political process was possible only through a general warrant which allowed free searches and seizures to happen. It means officers could search a suspected place without any evidences. Also, they could even to seize you without reasons. However, in 1756 some towns like Massachusetts turned this tricky law into new one, which prohibited the general warrant. This rule allowed citizens to live and work in peace. Later, such movements caused to addition of The Fourth ... Show more content on Helpwriting.net ... Firstly, the warrant is not require when search or seizure is voluntary. Secondly, searches in the "plain view'" and in open fields such as pastures, parks, woods are also included in this list. However, it is allowed as the evidence when lawlessness of object is obvious and valid. For instance, in the case of Oliver v. United States, two Kentucky State police officers ignored "no trespassing" sign and got inside defendant's field. Nearly to the defendant's house the officers found a marijuana crop. At trial the defendant could not prove the violation of the Fourth Amendment as searches in open fields are lawful based on The Fourth Amendment. According to the Supreme Court open fields cannot support a reasonable expectation of privacy and are thus not protected by the Fourth Amendment ... Get more on HelpWriting.net ...
  • 26.
  • 27. The Fourth Amendment : The Second Amendment The Fourth Amendment Noah Fleck November 30, 2015 My paper is going to be focused on the Fourth Amendment, which sets the baseline for searches and seizures. I will present what the Fourth Amendment is, what the rights of the individual are as stated in the Fourth Amendment, what limitations may be held within the Fourth Amendment, what must be included within the warrant, and more. I decided to write on this topic as I believe that it is important for us as citizens to know what our rights are, and not just rely on what we think we know about the Constitution. A country which is educated about the rights which they have, and utilizes these rights in the correct instances is a country which is governed by laws, and ... Show more content on Helpwriting.net ... I have heard many people complaining and saying that the actions of the government exceeded the parameters of the Fourth Amendment. Whether or not this is true, most of the people whom I have talked to regarding these issues are unable to state what the Fourth Amendment actually says or protects against. The Fourth Amendment ensures that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Cornell University Law School, No Date)." This amendment ensures a number of things right from the beginning. The ability of citizens to be secure in their own homes, to have their papers or confidential documents to be secure, and the ability to refuse a search of one's person are all important pieces to this amendment. The first portion of this amendment states that all citizens have the ability to be secure in their persons. So what does this mean? According to the Merriam–Webster online dictionary, the word person in this context is meant to include "the body or clothing of a person especially when considered as a place to hide things (Merriam–Webster, 2015)." This would include things such pockets, socks, shoes, and anywhere something may be able to ... Get more on HelpWriting.net ...
  • 28.
  • 29. 4th Amendment And The Fourth Amendment This paper focuses on the Fourth Amendment and the Fifth Amendment cases of the Supreme court and the exclusionary rule. The first case was an issue with the Fourth Amendment, Whren v. United States. On June 10, 1993, several plainclothes police officers in unmarked cars were patrolling in a high drug area in Washington D.C.. for illegal drug activity (Hall, 1996). When observing a pathfinder at a stop sign with temporary tags remaining at the stop sign for an extended period blocking the vehicles that had stopped behind them (Hall, 1996). When officers decided to drive the opposite direction, they observed the driver in the pathfinder staring over in the lap of the passenger to the right officers had made a U–turn with the intention to follow the pathfinder when its driver made a right–hand turn without signaling and drove down a street at an unreasonable speed (Hall, 1996). One officer got out of the unmarked police car walked up to the Pathfinder on the driver's side observing the passenger Whren holding a plastic bag in each hand appearing to look like cocaine base, officer yelled "CSA" to advise partner of a possibility of a violation of a Controlled Substance Act, having Whren yell "pull off! pull off and saw him taking the cover off the power window control panel and placed one of the bages inside the hidden compartment (Hall, 1996). The officer immediately dove across the driver and seized the second bag from ... Get more on HelpWriting.net ...
  • 30.
  • 31. The Fourth Amendment And The 4th Amendment A persons property is often what they take pride in, which makes it easy to see why the saying "a mans home is his castle" is so popular and widely understood. So when the gates of their castle get knocked down and their treasures taken; the king of the castle is left with nothing to hold as his own. Americans right to be secure is the moat surrounding their castle, it guarantees Americans protection against unreasonable search and seizure. The right to be secure is guaranteed in the 4th amendment of the Bill of Rights, which is a section of the U.S. Constitution listing a citizens guaranteed rights. The U.S. Constitution was written in 1787 but lacked the support required to be ratified; as it needed support from 9 of the 13 states prior to its ratification. The constitution received the backing of its 9th state after adding the Bill of Rights to the Constitution. The addition of a Bill of Rights was required for the support of many states as one of the largest concerns the states had with the Constitution was that the Government would have too much power and control over citizens. So the addition of a Bill or Rights stating what the Government may or may not do as well as guaranteeing the freedoms and rights of citizens helped end the states concerns. The support after the addition of the Bill of Rights led to the Constitutions ratification on March 4th, 1789. As stated by the Legal Information Institute; the Fourth Amendment guarantees "[t]he right of the people to be ... Get more on HelpWriting.net ...
  • 32.
  • 33. The Amendment Of The Fourteenth Amendment The Fourteenth Amendment stopped unlawful actions by states. It also gave Congress the power to enforce the amendment through new laws that benefited and were fair to everyone. The Fourteenth Amendment represents part of the extension of the power of the national government over the states. It has been cited in more court cases than any other part of the Constitution. It made it possible for new legislation that has protected the rights of many throughout the United States and has helped uphold equality. Although the language is simple it has caused lots of controversy over its interpretation. Beginning with the Slaughterhouse Cases, the Supreme Court has decided cases involving the Fourteenth Amendment by being selective about how to apply the most minimal rights needed to decide each case, and never really declaring that the Fourteenth Amendment protects all rights recognized by the Constitution. This has led to the adoption of selective incorporation and unremunerated rights. The Slaughterhouse Cases, 83 U.S. 36 (1873), was the Supreme Courts first time attempt to interpret the Fourteenth Amendment in its relation to peoples Constitutional rights. It was important in establishing the privileges and immunities clause. Ratification provided the Supreme Court with a way for protecting economic rights starting with overturning the Dred Scott v. Sanford case, 60 U.S. 393 (1857). The Amendment started out with the idea to make sure that blacks would not be denied their ... Get more on HelpWriting.net ...
  • 34.
  • 35. The First Amendment Of The Fourth Amendment Protection against unreasonable search and seizures is like information on what is in our food. It is our right as Americans to have it. When the Constitution was written in 1787, only nine of the thirteen colonies signed it. Ever since 1789, the Bill of Rights– which includes the first ten amendments– have been a part of the Constitution. The citizens did not want the government to be able to enter their homes whenever they felt the need to, thus Amendment four was born. According to the National Archives, Amendment four is: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This means that police officers cannot enter someone's house or search someone's things without a warrant, and the warrant must be for a good reason. There have been many changes involving this amendment due to many modern things that have been invented since the amendment was first written, for example, cell phones and automobiles. These modern effects cause us to reassess the fourth amendment and what it means. According to The Foundation for Economic Education, James Otis, who was an advocate for Amendment four stated, "A man's house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle. ... Get more on HelpWriting.net ...
  • 36.
  • 37. The Fifth Amendment : The Fourth Amendment Fifth Amendment The Fifth Amendment (Amendment V) which is followed by the United States Constitution belongs to the part of the Bill of Rights and will protect each and every individual from being compelled to witnesses against themselves in all sorts of criminal cases. "Pleading the Fifth" is a sort of informal term used generally for invoking the right which allows the witnesses to decline the chance of answering the questions which may lead the answers that might incriminate them, and basically it wouldn't provide any criteria to suffer a penalty to propound the right. This sort of evidentiary privilege makes sure that defendants generally the accused cannot be coercing to become the witnesses at their own trials. If, however, by any ... Show more content on Helpwriting.net ... The Fifth Amendment protects each and every individual, not just citizens. Top most scholars taken this into consideration and stated that the Fifth Amendment which is familiar to almost every individual can be classified by breaking down into five distinct constitutional rights: Right to accusation of serious crime by the grand jury before any criminal charges for illegal crimes. A prohibition on double jeopardy. A right against forced self–incrimination. A guarantee that all criminal defendants have a fair trial. A guarantee that government cannot seize private property without making a due compensation at the market value of the property. In consideration when the Fifth Amendment originally applied only to federal courts, then during that time U.S. Supreme Court has incorporated partially the 5th amendment to all the states through Fourteenth Amendment which is the Due Process Clause. The incorporation of right to indictment by the Grand Jury has not been followed, right against self–incrimination, right against double jeopardy, and the protection against arbitrary taking of a private property have all been incorporated to the states without due compensation. Grand Juries Deeply–rooted in the Anglo–American tradition, the grand jury which was originally introduced a very long back ... Get more on HelpWriting.net ...
  • 38.
  • 39. Amendments Of The 18th Amendment Amendments: Prohibition and its Repeal In the United States, certain rights have been guaranteed to American citizens. The creation of the Constitution was created to make sure American's always had these rights. This led to a Utopian world in the eyes of congress when it was really Dystopian. The 18th Amendment known as the Prohibition era was expected to be good for America when in reality it brought more problems than expected. After seeing the problems Prohibition caused, the 21st Amendment was enforced and put an end to the era and the dystopian aspect of it all. The United States' constitution was created to make sure that certain rights were guaranteed to America's citizens. The constitution was signed on September 17, 1787 by delegates to the Constitutional Convention in Philadelphia in the presence of George Washington. The Constitution has been around for over 200 years and to this day has 27 amendments. America has significantly grown in population and the economy has expanded much more than the delegates could have ever imagined, but through all of America's changes, the Constitution has adapted as well. The first 10 amendments are the Bill of Rights. Even though the Constitution was created to make sure that American's had certain rights, it has also taken some away. For example, the 18th amendment, which was later repealed by the 21st amendment. The ratification of the eighteenth amendment was known as the era called Prohibition. Prohibition came about ... Get more on HelpWriting.net ...
  • 40.
  • 41. The Fourth Amendment And The Second Amendment The Fourth Amendment was passed by Congress on September 25, 1789. However, it was ratified on December 15, 1791. The Fourth Amendment is part of the first 10 Amendments which form the Bill of Rights. The Fourth Amendment is made to protect people from unlawful searches and seizures. This means that the police can 't search a person's house without a warrant or probable cause. The founders of the Fourth amendment believed that freedom from government intrusion into one's home is a natural right and fundamental to liberty. The idea of this is to protected citizens from unreasonable searches and seizures. However,the Fourth Amendment has been debated for the last several years, as police and intelligence agencies in the United States have ... Show more content on Helpwriting.net ... Weeks ' argument was that the 4th Amendment is meaningless unless it provides some real protection. Stating that people are safe from unreasonable searches and seizures has little value unless it is clear that evidence from such searches cannot be used in federal court. He also added that federal officials should not be able to break the law in order to enforce the law. The United States' argument against Weeks' prosecution proceeded logically; an arrest was made in connection with a search, and further searches produced further evidence of wrongdoing. At all times the officers were acting upon a growing body of evidence which suggested Weeks 's involvement in illegal activity. Weeks was guilty; he was in possession of evidence which was incriminating, and he should be punished. This case has had an effect on society because it shows how the rights of an individual were considered less important than the administration of justice. This case marked a turning point in the Supreme Court 's thinking. With the introduction of the exclusionary rule, the Court devised a way of enforcing the Fourth Amendment. Since evidence seized unlawfully could no longer be used in federal court against a defendant, a prosecutor might lose or drop a case for lack of evidence. Having the police be careful next time to obtain search warrants and make sure their searches and seizures are legal. The ... Get more on HelpWriting.net ...
  • 42.
  • 43. Balanced Budget Amendment As we discussed and read about this week in our class, the topic of the US Budget and how, why and what should we do about it has become a topic with many views and opinions. The United States of America currently holds over 16 Trillion dollars in debt based on our governments spending practices for the last ten years. Two wars, numerous fiscal collapses and cliffs, a bubble popped housing market, looming medical care costs from a socialized healthcare law and a recession have caused the government to acquire enormous amounts of debt. This debt with caused by what seems to be from irresponsible spending on both the Legislative and the Executive Branches have done nothing to lessen this deficit. One idea that has been discussed not only in ... Show more content on Helpwriting.net ... Proponents of these amendments also that running deficits over the long term or persistent deficits can be dangerous as well. When the government runs persistent deficits , a increasing portion of consumer 's savings is used to purchase government debt instead of being invested in private capital goods . This is called "crowding out", and this effect lower output and incomes in the future. Growing Federal Debt can lead to a sudden fiscal crisis in and of itself. This type of crises can occur when debt levels become so large in relation to the economy 's output that the government has difficulty selling it. Current and potential bondholders lose confidence with the governments ability to repay its debt and refuse to buy anymore. The government is then forced purchase new debt at higher interest rates, often leading to inflation, reduction in government services and programs and increased economic hardship on its citizens. There are several good examples of this type of debt crisis in Argentina, Mexico and Greece. The US saw a version of this in 2011, when S&P concerned with the US climbing debt and its credit worthiness reduced its credit rating or the ability of the country to borrow money at lower interests rates. A federal Balanced Budget amendment based loosely on those instituted by the States of this country has many benefits. One such advantage ... Get more on HelpWriting.net ...
  • 44.
  • 45. The 8th Amendment : The Amendments Of The Eighth Amendment The Eighth Amendment ratified in 1791, and it had three clauses. The clauses are Cruel and Unusual Punishment, Excessive Fines, and Excessive bail. The Cruel and Unusual Punishment means that the state and federal government restrict how extreme the punishment is to a person who has done a crime. This clause is made so that the people that are accused are not tortured and killed cruelly. The Excessive Fines restrict the state and federal government the amount of money a person fined for a crime. This clause created was so that the government cannot take a lot of your money away. The Excessive bail means that courts can't give a tremendous amount of bond to a person who has broken the law. This clause created so that the judge and jury cannot already make their decision before the case even begins. This is why the saying "an accused is presumed innocent until found guilty" is established. There are no groups that would want this amendment changed, but if there were it would be replaced because of abortion. Abortion is a problem in America. Pro–life people believe that it's wrong to have an abortion. Pro–life people are Republicans. Prochoice people think that it's their own decision on whether they want to have an abortion or not. Prochoice people are Democrats. Another time when people would want to change the Amendment was when a person's daughter that was raped. That girl's father would want that man who raped his daughter to be put to death in the most painful way ... Get more on HelpWriting.net ...
  • 46.
  • 47. Fifth Amendment And The Amendment Fifth Amendment History: Once the United States won their independence from the British parliament, the Framers wrote the Bill of Rights, which were the first 10 amendments in protecting the individual freedoms from being hurt by the governmental bodies. The cause for this Fifth Amendment was many people were jailed without even being accused of a crime. They have included the Fifth Amendment on September 5, 1789 and was voted for by 3/4th of the states on December 15, 1791, which describes the five specific freedoms to American citizens. About: The Fifth Amendment of the constitution is the section in the Bill of Rights, which protects an individual from being held for committing a crime unless it is indicated correctly by the police. ... Show more content on Helpwriting.net ... ' Justification as follows: 'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury' The above statement tells that no one can be put on trial for a serious crime, unless a grand jury decide first that there is enough proof or evidence, if there is enough evidence produced then an indictment is issued, which means that the person who is charged with the crime will be put on trial for the crime. 'Except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger' Military people can go to trial without the grand jury decision, it is a case when military person commits a crime during a war or a national emergency. 'nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb' A person who has been acquitted in a trial by grand jury may not be put on trial again. 'nor shall be compelled in any criminal case to be a witness against himself' It states that the government cannot make a person testify against themselves. A trial relies on witnesses and evidence and not the testimony of the accused. 'nor be deprived of life, liberty, or property, without due process of law'
  • 48. The government cannot take away a person's life, property, or freedom without following certain steps that give the person a ... Get more on HelpWriting.net ...
  • 49.
  • 50. The 5th Amendment And The Fifth Amendment A man in court randomly yells out the phrase "I plead the fifth," and now he doesn't have to talk anymore! When the man said I plead the fifth he refers back to the fifth amendment. The fifth amendment says this, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Well first of all who introduce the famous 5th amendment. Well according to the Kids Laws they said that, "The Fifth Amendment was introduced into the Constitution by James Madison." (kids.laws.com). So really James Madison was the one who introduced the whole concept of having that as the 5th amendment and well the White House does describe him as "... a small, wizened man, appeared old and worn" (whitehouse.gov) he was indeed a very smart man. Well now over the course of the amendments time there has been some controversy about the amendment, according to Constitution Daily, they made a whole story having to do with asking the question, "Do government employees like an Internal ... Get more on HelpWriting.net ...
  • 51.
  • 52. The Fourth Amendment Of The Fourth Amendment When the colonists established the bill of rights in the 18th century, the fourth amendment seemed unambiguous. The government needed to respect the right for people to be "secure in their persons, house, papers and effects, against unreasonable searches and seizures and not be violated, and no warrants shall issue, but upon probable cause." The difference between today and eighteenth century is that many more situations have come up that weren't around during the eighteenth century. New technologies, new threats and new circumstances have risen that may diminish the restriction on the fourth amendment. In order to protect society from new threats and circumstances in America, the Supreme Court expands their understanding of the fourth amendment to apply it to the new world. The idea of the respect for privacy antedates American law. Over one thousand years ago a Roman statesman by the name of Cicero says that there is nothing that should be less dishonored than the home of man and it is immoral to violate his place of safety. Although this may true, government has always had a thirst for information. One major example of this is between the English kingdom and the thirteen colonies. Until 1768 there was something known as the salutary neglect were Britain wasn't enforcing many of their laws. Due to the major debt from the French and Indian war, laws involving taxes and controlling American smugglers, needed to be put in place. One key aspect that helped enforce these ... Get more on HelpWriting.net ...
  • 53.
  • 54. The Fifth Amendment Is The Amendment The 6th amendment is the amendment where a person is able to a speedy and public trial by an impartial jury in the state or district crime is committed, can get informed about why you are in court, you also have a right to an attorney if you cannot afford one then one should be appointed to you. i will also be explain how even the people who are not even united states citizens have the right to the sixth amendment. There are major cases that i will go over that will help cement what the sixth amendment is how it can make or break a case. How the case has changed with everything that is going on in the United States so i will talk about that. The sixth amendment is the right to speedy trial and public trial by an impartial jury of the state and district where crime committed, Informed of the nature and case of the accusation against them, To be confronted by the witness Against them, To have compulsory process for obtaining witnesses in their favor have the assistance of counsel for their defense. The sixth amendment was created and passed in 1789 when the bill of rights were accepted and passed, and then in 1891 congress went back and ratified the amendment. Congress passed this amendment because they felt that the British were ruling and not treating the criminals not fairly when it came to sentencing. The founding fathers also wanted to protect the rights of the accused; it also provides fair protections from prosecutions and investigations. An example of this is during ... Get more on HelpWriting.net ...
  • 55.
  • 56. The Amendment And The Rights Amendment Possibly the most conversational amendment to every make it's way through the Senate and the House was the Equal Rights Amendment in 1972. The Equal Rights Amendment was, "introduced through the twenties, thirties, forties, fifties, and sixties without success" (Schneir, 369). Various organizations such as the National Woman's Party (those who proposed it), National Organization for Women, the Women's Department of the United Auto Workers, and many other feminists worked most if not all of their lives to pass this specific amendment. In the early 1970's, the House approved the amendment by a large ratio of 354 to 23. Additionally, in 1972, the Senate also passed the amendment by another shocking ratio of 84 to 8. Unfortunately, the amendment did not pass by its deadline of June 30th, 1982 by only thirty–five states approving it for ratification by at least thirty– eight states (Schneir, 370). There were various reasons why the amendment did not pass, and Miriam Schneir discussed several of these in the section Equal Rights Amendment in the book Feminism in Our Time. Though the Equal Rights Amendment had various dedicated supporters working to pass it, it also had several Anti–Equal Rights Amendment working to make sure it DID NOT pass. One key figure in this Anti–Equal Rights Amendment was Phyllis Schlafly. Schlafly argued that the passing of the Equal Rights Amendment would cause there to be a boom in the creation of unisex bathrooms. She argued that bathrooms ... Get more on HelpWriting.net ...
  • 57.
  • 58. The Amendment Of The Fourteenth Amendment According to the thirteenth amendment, "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." The purpose of the thirteenth amendment was to end slavery or any form of involuntary servitude everywhere among the United States. There was new hope for African Americans throughout the country but unfortunately their freedom had a limit and coincidentally, President Lincoln was assassinated shortly after. Jim Crow laws were established among the states and local laws enforcing racial segregation in the southern states of the United States up until 1965. This is how white southerners ... Show more content on Helpwriting.net ... Wells,"Lynch Law in America,") Over a hundred of African Americans were lynched every year. The unwritten law was practiced for thirty years, inhumanly butchering thousands of men, women, children by either drowning, hanging, shooting, and burning them alive. By this point, the national law was irrelevant and the unwritten law was superior among the southern states. With every killing, white Americans would invent an excuse accordingly and to make matters worse, they realized it was sufficient to put anyone to death if the crime was against a woman, no matter if it were true or not, since it was under the unwritten law, which did not allow any sort of trial. This accusation was done in "the interest of those who did the lynching to blacken the good name of the helpless and defenseless victims of their hate. For this reason they publish at every possible opportunity this excuse for lynching, hoping thereby not only to palliate their own crime but at the same time to prove the negro a moral monster and unworthy of the respect and sympathy ... Get more on HelpWriting.net ...
  • 59.
  • 60. The Amendment Of The Fourteenth Amendment The Fourth Amendment Introduction The Bill of Rights are the first ten amendments from the United States Constitution. The Bill of Rights was written by James Madison on December 15, 1791. The purpose of the Bill of Rights is to address the rights of the individuals that the Constitution did not specified correctly and it also was written to protect the rights of the individuals liberties even if the majority wanted to take them away. In the Fourth Amendment of the U.S Constitution provides privacy as it states in the Constitution "the rights of the people to be secure in their persons, house, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched,and the persons or things to be seized." this amendment assures you how you have the right to your privacy a personal life or just technology without a search warrants. The Fourth Amendment was added to the Bill of Rights because it deals with the privacy for the individuals and because the people have the right to feel secure in their house or while using their technologies. There has been many court cases regarding the rights that the Fourth Amendment provides. For example in the article "Creating a Fourth Amendment loophole" talks about how there was a policeman who suspected drugs in an apartment and kicked the door open without a search warrant. When they ... Get more on HelpWriting.net ...
  • 61.
  • 62. The Amendment And The Fourteenth Amendment Essay Now Cometh Triginal D. Jackson in a Motion for Dismissal on the grounds of excessive Governmental Involvement and abuse of Fourth Amendment 's "right of the people to be secure in their persons" the Fifth Amendment. Ninth Amendment, and the Fourteenth Amendment. First Amendment Protects: The First Amendment protects Mr. Jackson form use of hypnosis to create a criminal act. Schenck v. United States, 249 U.S. 47, 39 S.Ct. 247, 63 L.Ed.2d. (1919) Brandenburg v. Ohio, 395 U.S. 444, 89 S.Ct. 1827, 23 L.Ed.2d. 430 (1969): West Virginia State Board of Education v. Barnette, 319 U.S. 624, 87 L. Ed. 1628, 63 S. Ct. 1178 (1943): West Virginia State Board of Education v. Barnette, 319 U.S. 624, 87 L. Ed. 1628, 63 S. Ct. 1178 (1943): Wooley v. Maynard, 430 U.S. 705 (1977): The Supreme Court agreed with him, saying, "We begin with the proposition that the right of freedom of thought protected by the First Amendment against state action includes both the right to speak freely and the right to refrain from speaking at all." The Supreme Court agreed with him, saying, "We begin with the proposition that the right of freedom of thought protected by the First Amendment against state action includes both the right to speak freely and the right to refrain from speaking at all." Texas v. Johnson, 491 U.S. 397, 109 S.Ct. 2533, 105 L.Ed.2d 342 (1989): concluding that there is no legitimate government interest in protecting the U.S. flag where the sole act in question is destroying the flag in ... Get more on HelpWriting.net ...
  • 63.
  • 64. The Amendment Of The Fourteenth Amendment John A. Bingham, Republican of Ohio had long been a believer in the idea of equal protection of the laws for all people, and was one of the leaders of the effort to pass the Fourteenth Amendment. While aware of the need to prove the constitutionality of the Civil Rights Act with the Fourteenth Amendment, Bingham did not actually believe that the Fourteenth Amendment created any new rights. Rather, he believed that it created a new understanding of rights already in the Constitution. Bingham maintained that, "The...equal protection of each [in] those sacred rights which are as universal and indestructible as the human race...are by this Constitution guaranteed...'" The guarantee to which Bingham was referring is contained in the Fifth ... Show more content on Helpwriting.net ... This statement encapsulates why the framers of the Fourteenth Amendment found it necessary to include that, "No state shall...deny to any person within its jurisdiction the equal protection of the laws." Bingham's reading of the Constitution already incorporated this point, but Rogers' certainly did not, so by placing it in the Fourteenth Amendment, the framers ensured beyond all doubt that the right of all citizens to equal protection of the laws would be part of any subsequent reading of the Fourteenth Amendment. The Fourteenth Amendment accomplished three important things in terms of providing equal protection of the laws. These three things, which are found in Sections 1 and 5, were providing a definition of citizenship, declaring what protections states were required to give to their citizens, and giving the federal government broad power to take action against states that did not provide the necessary protections to their citizens. While it might at first seem superfluous, one of the most important parts of the Fourteenth Amendment was that it provided a definition of who was a citizen of the United States. However, in the infamous Dred Scott decision, the Supreme Court, led by Chief Justice Taney had held that, "A free negro of the African race... is not a 'citizen' within the meaning of the Constitution of the United States," and thus, only whites were entitled to constitutional rights. The ... Get more on HelpWriting.net ...
  • 65.
  • 66. Equal Rights Amendment The Equal Rights Amendment, which was introduced in 1923, was a movement for women's rights that ultimately lasted until 1982. The Equal Rights Amendment is discussed in our textbook, America, A Concise Theory, on page 898. This particular site was chosen because it comes directly from the website dedicated to the history of the Equal Rights Amendment. The amount of informative content and photos was also a factor in choosing this website. Although there were several interesting facts in the articles, three stuck out to me the most. The first interesting piece of information was the amount of effort it took to allowing equal voting rights. In 1848, Elizabeth Cady Stanton and another woman, Lucretia Motts, gathered over 300 people for a two day meeting to bring attention to the lack of equality. After several resolutions were passed fairly easily, equality in voting still proved to be a problem. Twenty four years later in 1972, Susan B. Anthony was arrested, convicted and fined for trying to cast a ballot in the election. Stanton, Motts and Anthony all pioneered the way for women to work towards equality in voting, but all died before they ever had a chance to cast their own votes. The second interesting fact of the articles was how the 19th Amendment passed. At the start of the 20th century, the 19th Amendment, which is women's rights to vote, seemed to be making major progress. More than half of the required states ratified the amendment within the first year, ... Get more on HelpWriting.net ...
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  • 68. The First Amendment Of The 21st Amendment Savannah Hardy Mr. McKown Government Dec. 6, 2017 Unique Amendment The Eleventh Amendment was the first to revise the constitution after the ratification of the first ten amendments in the Bill of Rights. It was passed by Congress on March 4, 1794. "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against or of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."(Constitution law.com) The Eleventh Amendment resulted due to Chisholm v. Georgia, in which Alexander Chisholm sued the State of Georgia for a debt that was owed to Captain Robert Farquhar. Farquhar was a merchant in South Carolina who sold supplies to the State of Georgia on credit. After the war, Georgia decided that it would not pay its debt on the basis that Farquhar was allegedly a British loyalist. Farquhar left Chisolm as the executor of his estate upon his death, which enabled him to bring suit against Georgia. The lawsuit was heard by the Supreme Court and rendered a decision in Chisolm's favor."(Constitution.laws.com). Congress approved the 21st Amendment on February 20, 1933, and it was ratified by state conventions throughout the year. After 13 years, the 21st Amendment repealed Prohibition. ratified the 21st Amendment, repealing the 18th Amendment. 21st Amendment Only applied to the sale, manufacture, ... Get more on HelpWriting.net ...
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  • 70. The Sixth Amendment And The Sixth Amendment Introduction & Literature Review Questions concerning pretrial exposure center on the tension between two guaranteed rights in the United States, the First Amendment and the Sixth Amendment to the Constitution. The First Amendment allows the press to print, while the Sixth Amendment promises a speedy and public trial, that an unbiased and impartial panel directs. When the press exposes a current investigation, including prior convictions, or admissions, a panel, or select representatives on a panel, would be exposed. In Ruva & Guenther's (2017) experiment, researchers examined how a panel's memories, evidence interpretations, perceptions and guilt decisions varied when pretrial exposure was present. It was determined that representatives on a panel who were exposed would pass their bias onto other representatives not exposed prior. Given the strong constitutional protections that the press possesses, courts need to manage chances where pretrial exposure is present. Purpose & Research Question In dismissing representatives on a panel, we assume that pretrial exposure determines their conscious decisions. With that being said, we expect a representative on a panel to know that pretrial exposure could determine their decisions, and to know how to isolate this in deliberation. Dating back to Nisbett and Wilson's experiment in the 1970's, decisions were determined in the unconscious, but what determined these decisions or biases, even when biases in decisions were mentioned, was unsure, (Newell & Shanks, 2014). In other words, one knows that biases could determine decisions, but not theirs. This so–called bias blind spot is common in deliberation. The ultimate question is, what is there to do concerning pretrial exposure while selecting an unbiased and impartial panel? Proposition Voir dire is intended to determine whether representatives on a panel were exposed to pretrial exposure. Dismissing representatives on a panel who were exposed to pretrial bias is unrealistic. To combat issues concerning pretrial exposure, as well as bias, counsel will de–bias mock representatives, as a means to de–bias perceptions and decisions, as a solution. De–biasing will result in more reasoned and less automatic decisions. With ... Get more on HelpWriting.net ...
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  • 72. Amendments Of The First Amendment First Amendment: 1. The first amendment addresses that people have the freedom to practice and engage in a religion and the government cannot impose on this right. This same amendment also states that we have a right and freedom of speech, press, petition the government and also peaceful assemblies of people (so protest or even walks for different causes). 2(a): In North Carolina, there was a law that banned sex offenders from using social media in efforts of deterring them from preying on people through the means of the internet. Although this would sound great to a majority of people who cannot support these evil individuals, the Supreme Court decided that by taking away someones privilege of using social media, it was inevitably taking away their right of free speech. The Court also went on to doing away with this law in North Carolina. This court case was Packingham vs. North Carolina (http://www.newseuminstitute.org/first–amendment– center/supreme–court–cases/) 2(b): In Missouri a church was deemed ineligible for receiving public funding because it was a place of religious worship. The Supreme Court said that this imposed on the churches first amendment rights because this church qualified for some funding and even though it was a house of worship, the first amendment allows them to practice religion freely without any government intervention. This also led them to say that they were eligible for funding and should have received it. ... Get more on HelpWriting.net ...
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  • 74. Amendments Of The 14th Amendment During the period after the Civil War, in the Reconstruction era, the United States adopted three amendments. These three amendments are the 13th, 14th, and 15th. In 1865, the ratification of the 13th amendment abolished slavery (Berlin). The 14th amendment protects "privileges and immunities" from abridgement, assures "due process of law" prior to deprivations of life, liberty, or property, and prohibits denials of "equal protection of the laws" (Steiker). The 15th amendment granted African American men the right to vote. All three of these amendments, known as the Civil Rights amendments, gave rights and ensured equality to recently emancipated slaves. The law granted rights to African Americans and protected them from "explicitly race–based capital codes" (Steiker). African Americans, although had more rights at this point, were still treated with extreme racial hostility, especially in the Southern states. The law was complicit, as it still allowed for discriminatory behavior. In "The American Death Penalty and the (In)Visibility of Race," Carol Steiker writes, "Race continued to influence the application of facially neutral capital statutes through prosecutorial discretion, all–white sentencing juries, and the practice of extrajudicial execution by lynch mobs." What this means is that laws were being created in ways that African Americans would still not receive equal treatment. In certain circumstances law enforcement officers even handed over blacks to lynch mobs. ... Get more on HelpWriting.net ...
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  • 76. The Fourteenth Amendment And The Sixth Amendment The originally Bill of Rights protected the rights of citizens from infringement by the federal government, but made no mention of the states. The Fourteen Amendment, adopted shortly after the Civil War, protected citizenship and individual rights from infringement by state governments. Under the Fourteenth Amendment's due process clause, the United States Supreme Court began to apply the most important rights guaranteed in the Bill of Rights against the states. This process began in the early 1900s and is known as the doctrine of selective incorporation. Duncan versus Louisiana was the landmark case in which the court incorporated the Sixth Amendment right to a jury trial against the states. In 1966, Gary Duncan was charged in Louisiana with simple battery, a misdemeanor punishable by up to two years in prison and a three hundred dollar fine. Duncan requested a jury trial, but at the time, Louisiana granted jury trials only to cases punishable by execution or imprisonment at hard labor, and the Sixth Amendment right to a jury trial had not yet been incorporated against the states. Duncan's request was denied. He was convicted after a bench trial and sentenced to sixty days in prison and a ten–dollar fine. Duncan appealed to the Louisiana Supreme Court, but it declined to hear the case. Duncan then petitioned the United States Supreme Court for review, asserting that the Sixth and Fourteenth Amendments guaranteed his right to a jury trial. The issue before the Court was ... Get more on HelpWriting.net ...
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  • 78. The Equal Right Amendments Of The Equal Rights Amendment The Equal Right Amendment The Equal rights Amendment was proposed to set equality for every citizen no matter the sex. The amendment has three sections. The first one states "equality of rights under the law should not be denied by the U.S on the account of one's sex." Section two says that "congress has the power to enforce this law." Last but not least, section three says the amendment will take effect two years after ratification. The ERA is a proposed amendment made to guarantee equal rights to all U.S. citizens no matter the sex. In 1872 when the issue was introduced to congress it was quickly sent out to the states to get the opinion of the amendment. Many states ratified the amendment shortly after it was sent out. The United ... Show more content on Helpwriting.net ... Paul dedicated her life to equal rights for all women. She has impacted many people in this world from the struggles and hardships she went through to try to make things right for women. Paul was a very intelligent women, she graduated at the top of her class. Congress gave the amendment seven years for ratification when it was submitted in 1972. Many states ratified the amendment quickly, other states refused the ratification. A big debate in the time of the amendment ratification was that women were just different then men. Women would never hold the same powers and fulfill the same things as men. Women began to form many organizations to support the amendment. Women tried everything in their power to get the law passed. The constitution's 14th amendment is to protect the right of all citizens, but that does not guarantee the discrimination of the sex. The equal rights movement would make a better standard for deciding on cases of sex discrimination. The 14th amendment does not protect anyone from sex discrimination. The ERA would provide legal defense to women's rights. This amendment would help all humanity, not just women. Still today, sex discrimination is still an ongoing event. We still need the passing of the ERA. Although, since then women's rights have improved. Women are still not equal to men. If it came down to it men would still be chosen over a women. We, as women should still fight for the ratification of the Equal ... Get more on HelpWriting.net ...