Procedural Due Process
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The document discusses procedural due process as it relates to several Supreme Court cases. It introduces the Matthews v. Eldridge test, which established a three-part balancing test for determining whether due process requirements have been met. The test balances the private interest affected, the risk of erroneous deprivation, and the government's interest. It also briefly mentions the Wisconsin v. Constantineau and Kennedy v. Cincinnati cases in relation to due process.
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http://brianbelen.blogspot.com
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See the Constitution of the United States here: http://www.constitution.org/constit_.htm
A Citiziens Contract
The Constitution of the United States is a agreement between the governement and the US Citizen enforceable by a court of law.
See the Constitution of the United States here: http://www.constitution.org/constit_.htm
The Constitiution is a Contract
The United States Constitution is a agreement between Government of the United States and the US Citizen enforceable by the legal system.
Find the US Constitution here: http://www.constitution.org/constit_.htm
A Case For The Electoral College And For Its Faithless Elector
The document discusses arguments for and against the Electoral College system for electing the U.S. President. It provides background on the origins of the Electoral College at the Constitutional Convention, noting it was a compromise between those wanting direct election by citizens and those preferring selection by Congress. While the system limits direct democracy, it can provide electoral mandate and encourage national campaigning. However, the rise of political parties has given them outsized influence in selecting electors, weakening the original intent of informed electors exercising independent judgment.
Women's suffrage
The document traces the history of the women's suffrage movement from 1848 to 1920. It provides excerpts from key documents and speeches from that time period that showcase both sides of the debate around women's right to vote. The perspectives expressed range from Elizabeth Cady Stanton and other early suffragists making the case for women's suffrage, to anti-suffrage arguments that claimed it would undermine women's traditional roles and lower them into the world of politics. The document aims to present an even-handed view of the debate through primary sources.
India Legal 05 June 2017
The Bots Cometh: Major law firms are introducing Artificial
Intelligence systems which could rewrite the role of lawyers. Will this prove a game-changer for the profession?
Amendments
This document summarizes the first 10 amendments to the US Constitution known as the Bill of Rights. It provides brief explanations of some of the key freedoms and rights protected in each amendment, including freedom of religion, speech, press, assembly, right to bear arms, limits on quartering troops, search and seizure, rights of the accused, and reserved powers of the states and people.
Hist 12 online reconstruction pdf
Reconstruction sought to rebuild the South and define the rights of freed slaves after the Civil War. It involved intense debates between President Johnson, who wanted a quick restoration of Southern home rule, and Radical Republicans, who pushed for civil rights protections and black male suffrage. Though the Freedmen's Bureau helped former slaves, the Black Codes and returned plantations undermined freedom. Congressional Reconstruction overrode Johnson's vetoes through amendments establishing citizenship and equal protection under the law.
Top of FormLesson 3 CongressExpected OutcomesTo und.docx
Top of Form
Lesson 3: Congress
Expected Outcomes
To understand the structure and process of the Legislative Branch, and to be familiar with both sides of the debate surrounding electronic voting and other controversies.
Overview
The US Constitution provides for "separation of powers" and "checks and balances," but it is still fair to claim that the Founding Fathers anticipated that Congress would be the branch that gave clearest voice to the diverse opinions and aspirations of voters.
That's partly why its duties and responsibilities are included in Article I of the Constitution. The principal architect of the US Constitution, James Madison, made this clear in The Federalist Papers #51:
"But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates."
James Madison also feared excessive power in the Congress, which is why he and others settled on the proposal for a "bicameral" legislative branch: a House of Representatives and a Senate. For a bill to become a law, it would have to pass both houses of Congress, which is difficult.
As James Madison continued:
"The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard against dangerous encroachments by still further precautions."
While Madison and others were acutely aware of the potential tyranny of a single despot, king or even president, they were also cautious about the concept of "direct democracy," suspecting that Congress might become a vehicle for "tyranny of the majority." In such a tyranny, a majority would begin to restrict the rights of individuals and minorities.
A Joint Session of Congress
As James Madison wrote in The Federalist #10:
“A pure democracy can admit no cure for the mischief of faction. A common passion or interest will be felt by a majority, and there is nothing to check the inducements to sacrifice the weaker party. Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths.”
He saw direct democracy as a danger to individual rights and advocated a representative democracy (also called a republic), in order to protect what he viewed as individual liberty from majority rule, or from the effects of such inequality within society.
"The tyranny of the Legislature is really the danger most to be feared, and will continue to be so for many years to come. The tyranny of the executive power will come in its turn, but at a more distant period."
-Thomas Jefferson
Alexis de Tocqueville, in Democracy in America, also raised the problem of an overly-strong le ...
Discuss purpose and the claim of the speech. Explain how the speech .docx
Discuss purpose and the claim of the speech. Explain how the speech supports this claim (logos, ethos, and/or pathos). Is the opposing side mentioned? Also, describe the method of argumentation you believe is used in the speech (Toulmin? Rogerian? A mixture of both?). Give citations to back up your points, and create a final works cited citation for this essay.
200 words
Anthony, Susan B. “
On Women’s Right to Vote
.”
EmersonKent.com.
2012.
Web. 11 May 2012
Friends and Fellow-citizens:
I stand before you to-night, under indictment for the alleged crime of having voted at the last Presidential election, without having a lawful right to vote. It shall be my work this evening to prove to you that in thus voting, I not only committed no crime, but, instead, simply exercised my citizen's right, guaranteed to me and all United States citizens by the National Constitution, beyond the power of any State to deny.
Our democratic-republican government is based on the idea of the natural right of every individual member thereof to a voice and a vote in making and executing the laws. We assert the province of government to be to secure the people in the enjoyment of their unalienable rights. We throw to the winds the old dogma that governments can give rights. Before governments were organized, no one denies that each individual possessed the right to protect his own life. liberty and property. And when 100 or 1,000,000 people enter into a free government, they do not barter away their natural rights; they simply pledge themselves to protect each other in the enjoyment of them, through prescribed judicial and legislative tribunals. They agree to abandon the methods of brute force in the adjustment of their differences, and adopt those of civilization.
Nor can you find a word in any of the grand documents left us by the fathers that assumes for government the power to create or to confer rights. The Declaration of Independence, the United States Constitution, the constitutions of the several states and the organic laws of the territories, all alike propose to protect the people in the exercise of their God-given rights. Not one of them pretends to bestow rights.
"All men are created equal, and endowed by their Creator with certain unalienable rights. Among these are life, liberty and the pursuit of happiness. That to secure these, governments are instituted among men, deriving their just powers from the consent of the governed."
Here is no shadow of government authority over rights, nor exclusion of any from their full and equal enjoyment. Here is pronounced the right of all men, and "consequently," as the Quaker preacher said, "of all women," to a voice in the government. And here, in this very first paragraph of the declaration, is the assertion of the natural right of all to the ballot; for, how can "the consent of the governed" be given, if the right to vote be denied. Again:
"That whenever any form of government becomes destructive o.
THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTSTHE TEXAS CO.docx
THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS
THE TEXAS CONSTITUTION
ARTICLE 1. BILL OF RIGHTS
Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.
Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
Sec. 3. EQUAL RIGHTS. All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.
Sec. 3a. EQUALITY UNDER THE LAW. Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative. (Added Nov. 7, 1972.)
Sec. 4. RELIGIOUS TESTS. No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.
Sec. 5. WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS; OATHS AND AFFIRMATIONS. No person shall be disqualified to give evidence in any of the Courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.
Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.
Sec. 7. APPROPRIATIONS FOR SECTARIAN PURPOSES. No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.
Sec. 8.
Ch 12 Public Order, Safety & Security
The document summarizes various criminal offenses related to public order, safety, and security. It discusses common law and statutory definitions of unlawful assembly, riot, and disorderly conduct. It also covers offenses such as vagrancy, loitering, curfews, panhandling, traffic violations, weapons possession, immigration violations, and crimes against national security like treason, sabotage, espionage, sedition, terrorism and weapons of mass destruction. Key Supreme Court cases addressing some of these issues are also summarized.
JOBS Act Rulemaking Comments on SEC File Number S7-06-13 Dated July 4, 2014
The letter summarizes various historical injustices and delays in establishing rights and freedoms in the United States. It argues that the SEC's failure to enact rules for Titles III and IV of the JOBS Act in a timely manner is absurd and deprives people of their basic economic rights. The letter calls on the SEC to stop creating absurdity and finish enacting the JOBS Act rules as mandated by Congress to restore economic freedoms for all.
Wake Up and See The World as the Greatest Accomplishment of Truth
In 1913, control of money creation in the US was transferred from Congress to a private banking cartel called the Federal Reserve. However, the Federal Reserve is neither federal nor holds reserves, but is rather a privately owned monopoly that controls America's money supply. Several US presidents including Jefferson, Madison, Jackson, Lincoln, and Roosevelt warned of the dangers of allowing private banks to control the country's currency. Despite these warnings, Woodrow Wilson signed the 1913 Federal Reserve Act and later regretted the decision, stating it had "unwittingly ruined my country." Nearly a century later, the warnings against centralizing control of the money supply remain relevant.
Amendments 11-27
The Twentieth Amendment makes several changes to the start and end dates of terms for federal elected offices:
- The terms of the President and Vice President end at noon on January 20th instead of March 4th.
- The terms of Senators and Representatives end at noon on January 3rd instead of March 4th.
- Congress must convene at least once per year, on January 3rd unless otherwise specified by law.
- Succession procedures are outlined in case a President or Vice President has not been chosen or qualified by the start of their term.
Banishment or facilitated reentry a human rights perspective
This document summarizes a presentation given by Corinne A. Carey of Human Rights Watch at an ATSA conference regarding issues with current sex offender registration and notification laws from a human rights perspective. It outlines several rights that may be violated by overly broad laws, including privacy, housing choice, and avoiding stigma or harassment. Problems mentioned include registration of non-violent or consensual acts, lifetime requirements, lack of risk assessment, and residency restrictions that can interfere with family integrity. Consequences like loss of jobs or housing and threats of vigilantism against registrants are also discussed. The presentation calls for more narrowly tailored laws that respect human rights.
What Is rights
This document discusses the meaning and importance of rights. It defines rights as conditions granted by the state for public welfare. Rights can be positive or negative and every right corresponds to a duty. The document then classifies rights into moral rights and legal rights. Moral rights are based on ethics while legal rights are recognized and enforced by law. It provides examples of different types of legal rights like civil rights, political rights, and economic rights. It also discusses the fundamental rights granted by the Indian constitution like right to life, equality, freedom of speech and religion.
Right to Vote_2022.pdf
The document discusses the importance of the right to vote in a democratic society. It notes that citizens often take this right for granted or do not exercise it, despite how hard others fought to achieve it. While some parts of the world still experience violence and oppression, citizens in the U.S. have the right to vote for their representatives, which is fundamental to a democratic system. However, the system does not always fully encourage or allow citizens to vote freely. The right to vote is protected by amendments to the U.S. Constitution that prohibit denying citizens the right to vote based on race, sex, failure to pay a poll tax, and age for those over 18.
Similar to Procedural Due Process (20)
A Case For The Electoral College And For Its Faithless Elector
A Case For The Electoral College And For Its Faithless Elector
Top of FormLesson 3 CongressExpected OutcomesTo und.docx
Top of FormLesson 3 CongressExpected OutcomesTo und.docx
Discuss purpose and the claim of the speech. Explain how the speech .docx
Discuss purpose and the claim of the speech. Explain how the speech .docx
THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTSTHE TEXAS CO.docx
THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTSTHE TEXAS CO.docx
JOBS Act Rulemaking Comments on SEC File Number S7-06-13 Dated July 4, 2014
JOBS Act Rulemaking Comments on SEC File Number S7-06-13 Dated July 4, 2014
Wake Up and See The World as the Greatest Accomplishment of Truth
Wake Up and See The World as the Greatest Accomplishment of Truth
Banishment or facilitated reentry a human rights perspective
Banishment or facilitated reentry a human rights perspective
Procedural Due Process
- 1. ProceduralDueProcess By Chioma Phillips
- 2. The Fourteenth Amendment reads in part that no state shall” deprive any person of life liberty, or property without the due process of the law…”
- 3. The Eldridge test originated from the Matthews v. Eldridge case whereas Mr. Eldridge’s social security was benefits were cut off without due process. Mr. Eldridge did not have the proper notice, an opportunity to be heard or to address the matter before the action was taken. He was unconstitutionally stripped of rights where his private interest was at stake.
- 5. the risk of an erroneous deprivation of the interest because of the procedures used, and the probable value of additional procedural safeguards;
- 7. Kennedyv. City Of Cincinnati
- 8. Conclusion
- 9. REFERENCEJr., J. D. (2006). The Student's Guide to Understanding Constitutional Law. New York: Thomson Delmar Learning.jrank.org. (n.d.). Matthews-v-Eldridge Test. Retrieved from law.jrank.org: http://law.jrank.org/pages/8480/Mathews-v-Eldridge-Test.html#ixzz0pjszg7UYKennedy v. City of Cincinnati, No. 09-3089. (United States Court of Appeals, Sixth Circuit February 16, 2010).Matthews v. Eldridge (Supreme Court 1976).Wisconsin v. Constantineau, 95 (United States District Court of Appeals Northern District Of Wisconsin January 19, 1971).