...Abstract The Fourth Amendment of the United States Constitution protects one’s rights against unreasonable searches and seizures. It also states that no warrants shall be issued without probable cause. Probable cause can be defined as a person of reasonable caution who believes that a crime has been committed and the person accused has committed that crime. Modern law has afforded police officers an incentive to respect this amendment, known as the “stop and frisk” act. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothing for weapons: if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. The reasonable suspicion must be based with specific expressed facts and not on just an officer’s intuition or guess. The Stop and Frisk law balances crime control, protects an individual’s right, and prevents from unreasonable searches. This law is further implemented and proven in the Supreme Court case Terry v. Ohio where it was ruled that the search performed was in fact reasonable under the constitution and the fourth amendment. Introduction The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place...
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...Are Ethics Laws in the Federal Government a Violation of Constitutional Rights? Abstract The paper explores the United States Government’s efforts to put in place laws that guide the ethical behavior of its civil service employees. From the founding of the nation, ensuring ethical behavior by government employees has been a recurring theme, and legislation, laws, and executive orders have been implemented at each stage of our government’s growth to guide federal employees in the ethical administration of their duties. However, at what point do the laws become too restrictive on the very citizens who have sworn to uphold our nation’s democratic values? A history of legislation, laws and executive orders is given along with the eventual backlash of court cases and demands for reform based on constitutional rights. For purposed of brevity, this analysis will focus on federal employees. Are Ethics Laws in the Federal Government a Violation of Constitutional Rights? Over two hundred years ago, with regard to ethics in the federal government, Thomas Jefferson wrote the following words “The right of any officer to give his vote at elections as a qualified citizen is not meant to be restrained, nor, however given, shall it have any effect to his prejudice; but it is expected that he will not attempt to influence the votes of others, nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties...
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...adopting federalism. Even though federalism isn’t mentioned in the constitution, the principles of federalism are mentioned in various articles. For example article 1 section 8 displays the power available to congress. It contains the ‘elastic clause’ that potentially gives the federal government so much power over the states. And the amendments provide a list of ‘can’t do’s’ for the states. For example states can’t enter into treaties with foreign powers. As the aspects of federalism is displayed in the codified constitution, signifies the importance for the US to collectively follow this system. However, Federalism is a method of government that also allows the states to maintain their sovereignty, without the fear of intervention of the central government, unless they violate or clash with the constitution. This is evident as each state has its own constitution and its own executive, legislature and judiciary all working within the limits set by the national constitution; executive; legislature and judiciary. An example of a state constitution that has relevant articles to its needs is Idaho. For instance in their constitutions article 16, section 1 the constitution talks of the need for the Idaho legislature to pass laws that protect livestock from disease. The federalism structure helps create an adaptive US state as laws concerning them individually are taken into account, which prevents ignorance from the central government and a more effective and efficient America. State...
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...President Trump has not travel banned the countries he has business in. Since 9/11 there have been 120 U.S. born citizen terrorist related attacks in the U.S., while since 9/11 there have been 16 refugee/asylum seeker terrorist related attacks, and even fewer terrorist related attacks involving illegal immigrant (which is 8), reported from New America. Not to...
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...environment. There are also many risks that arise during and after the process leading to issues of negligence. State regulations have enacted laws and policies that prevent any harm caused by negligence from affecting the environment. Therefore, this paper contains a discussion of the legal issues that are raised by hydraulic fracturing process. Fracking and the safe drinking water Act issues is the most common discussed legal issue. Many arguments have risen due to the quality of underground water since it is contaminated with chemicals thus endangering aquifers. Some concerns raised involve contamination of drinking water since most of it comes from the wells. This water can be dangerous to the ecosystem if it enters drinking water wells. Secondly, management of the contaminated water from fracking wells is also a legal concern. State regulation should ensure that the extraction of the natural gas does not have detrimental effects to the environment. Additionally, public complaints on natural gas extraction have also been increased hindering Hydraulic fracturing process. Public complains arise from the negative impacts of the increase of natural gas development. States should enact minimum requirements through endangerment standard to prevent contamination issues from affecting oil production at the...
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...DRAFT The purpose of this research paper is to define NAFTA and the purpose of the Free Trade Agreements. It will also discuss some of the rules, customs procedures, how to settle disputes between the countries and how NAFTA works overall. NAFTA is a regulation implemented on Jan. 1, 1994, that reduced and eventually abolished tariffs to encourage economic activity between the United States, Canada and Mexico. NAFTA has been given credit with making it easier for Americans to purchase Canadian and Mexican goods, which stimulated a small increase in wages in all three countries, and increased manufacturing and other jobs for U.S. workers. The agreement also radically increased trade between the three nations, from $337 billion in 1993 to $1.182 trillion in 2011(Investopedia). The North American Free Trade Agreement (NAFTA) revolutionized trade and investment in North America, helping to unlock our region’s economic potential. Since it came into effect 15 years ago, North Americans have enjoyed an overall extended period of strong economic growth and rising prosperity. NAFTA has helped to stimulate economic growth and create higher-paying jobs across North America. It has also paved the way for greater market competition and enhanced choice and purchasing power for North American consumers, families, farmers, and businesses. Furthermore, NAFTA has provided North American businesses with better access to materials, technologies, investment capital, and talent available across...
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...reasons. It can be argued that although it is fundamentally futile for a particular moral vision to not influence law making, is it just for one’s perception of what is morally right to hinder the rights of others who may not share such moral visions? In a democracy, we the people decide who makes the laws for us – preferably the laws should reflect the moral vision of the people who we choose to represent us. However, due to the complex nature of morality the value system of the people tends to be varied. Thus, the law does not please everybody and as a result the rights of some individuals are hindered due to the contrasting moral vision of others. The purpose of this essay is to explore the way in which abortion as an issue is one which has been greatly affected by adverse moral visions. As a result, the rights of individuals in Ireland who may disagree with that vision have been affected. The Enactment of the 8th Amendment. The lawfulness of abortion under the constitution of Ireland can be considered as a topic which has sparked much debate between dissimilar views on abortion and bodily autonomy in Ireland. Kingston wrote that before the insertion of the eight amendment into the Irish constitution in 1983, the constitution didn’t contain any specific provision on the topic of abortion. Article 40.3 affirmed that the state guarantees to respect its citizens, and to ultimately “protect as best it may from unjust attack”. Pre 1983, it was unclear to many people as to what exactly...
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... Stem Cells: The Future of Humanity By Javier Rodriguez Stem Cells: The Future of Humanity Pg.2 Abstract The United States is a country that is known for being a world leader in technology, finance, and medicine just to name a few. When people around the world become ill their first thought is usually to bring their loved ones to the US in order to seek help from the top physicians of the respective fields, so it would seem logical that in the field of stem cell research we as a country would be a leader as well. Sadly that is as far from the truth as we can get. For a country with such vast resources, we are constantly hindered by politicians, public policy, and above all fear of the unknown. Whether it be fear of new technology or even fear of public opinion, we tend to err on the side of caution to save face but the inherent problem there is that we sacrifice potential advancements that can save countless human lives and propel the human species into an era unlike any before, where we can survive just about anything that comes at us. We as a people of this country need to open her eyes and realize that the potential of stem cell research has such promise that we, as responsible human beings cannot and should not ignore it. Stem Cells: The Future of Humanity Pg.3 The United States is a country that is seen by the rest of the world as a superpower, whether it be as a military power or as a...
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...The Texas Constitution 1 Why the Texas Constitution Matters • The Texas Constitution is the legal framework within which the government works • Rights guaranteed in the Texas Constitution go beyond those of the U.S. Constitution • The length and detail of the Texas Constitution make the amendment process central to the political process 2 The Role of a State Constitution • State constitutions perform a number of important functions – Establish political institutions and explain the source of their power and authority – Delegate powers to particular institutions and individuals and define how they are to be used – Protect against the concentration of political power in one institution or individual – Define the limits of political power 3 The Role of a State Constitution: Influence of U.S. Constitution • Texas’s constitution is heavily influenced by the U.S. Constitution – Political power is derived from the people – Both constitutions feature a separation of powers • Legislative, executive, and judicial branches – A system of checks and balances limits the powers of each branch, as a way to protect against tyranny – Certain individual rights must not be violated 4 The Role of a State Constitution: How U.S. Constitution Is Different • The idea of federalism is also embodied in the constitutions of the U.S. and Texas • Important differences distinguish the two – Supremacy clause: the U.S. Constitution and federal laws...
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...Social Security at 80: Time to Retire? or Revise In 2015, America’s Social Security System turns 80 years old. The original act was a landmark bill, as it was the establishment of America’s safety net. The promise of the act was to ensure that America’s retirees would have some protection from poverty. Since the Social Security Act of 1935 was passed, the social safety net has been expanded to cover additional groups and classes of people. The most important additional programs established being MediCare and MedicAid. After years of running a surplus, Social Security has reached an inflection point. At the current rate of drawdown, the trust fund will run dry, and Social Security will begin to operate as a pay-as-you-go program, potentially only paying 75% of promised benefit levels. This paper will discuss the history of Social Security, demographic and technological trends that affect Social Security, the future implications of these trends for Social Security, and possible solutions. A Brief History of Social Security Social Security as we know it today evolved from the Social Security Act of 1935. Under the terms of the original law, Social Security benefits only applied to the employee. Today, Social Security pays benefits to the employee, the spouse, and the disabled and contains the provision for what is known as Medicaid and Medicare. When compared to today’s law, the scope of the original version of the Social Security Act was much narrower. For example...
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...MICROWAVE FOODS 1 Frozen Microwave Foods Economics 550 Professor Curtis Youngblood Strayer University May 13, 2014 MICROWAVE FOODS 2 1-Outline a plan that managers in the low-calorie, microwaveable food company could follow when selecting pricing strategies for making their products as inelastic as possible. Provide a rationale for your response. After researching, Mark Laceky Has a good plan that managers can follow in anticipation of raising prices when selecting pricing strategies for making their products respond to a change in price less elastic. He has six (6) price planning strategies: 1-Plan Pricing from Two Starting Points The two points he considers are supply and demand. The supply side would take into account raw material, labor and packaging cost. The demand is where you would consider the elasticity. When prices are less elastic, managers should concentrate on a marketing mix for their low-calorie frozen microwaveable foods. When the manager is considering aspects of their product, they should consider customer loyalty. When customer loyalty is a factor, you are able to charge more because customer loyalty makes market demand less elastic. 2-Put in Place an Ongoing and Flexible Process Managers must review and monitor...
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...administration, and other prominent voices on the Left, claim that the clause itself gave them broad powers of control and regulation. Those on the Right claim that the clause was put into place specifically to limit the influence of the Federal government on the power of trade between the states. The question is clear: does the Commerce Clause truly grant unlimited power to expand the Federal government through regulation, or has it been abused by those in the Federal government off and on since its inception? I will attempt to answer this question by examining first the Clause itself, the Federalist Paper written by James Madison (the father of the Commerce Clause) and then the Supreme Court cases which have called it into question. Let us begin by examining the wording of the Commerce Clause (along with the Necessary and Proper clause) itself: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States…To regulate commerce with foreign nations, and among the several states, and with the Indian tribes…To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the...
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...US/AZ Government-Pre-Test Section 1 of this examination contains 100 multiple-choice questions. Therefore, please be careful to fill in only the ovals that are preceded by numbers 1 through 100 on your answer sheet. After you have decided which of the suggested answers is best, COMPLETELY fill in the corresponding oval on the answer sheet. Give only one answer to each question. If you change an answer, be sure that the previous mark is erased completely. 1) The Preamble to the Constitution begins A) "We the People . . ." B) "Four score and seven years ago . . ." C) "When in the course of human events . . ." D) "In order to form a more perfect Union . . .” E) "These are the times that try men's souls . . .” 2) A social contract theory of government was proposed by A) Plato and Aristotle. B) Aquinas and Luther. C) Newton and the separatists. D) Locke and Hobbes. E) Plato and Luther. 3) Locke's Second Treatise on Civil Government sets out a theory of A) the divine rights of kings. B) aristocracy. C) democracy. D) republicanism. E) natural rights. 4) Indirect democracy is based on A) consensus. B) unanimity. C) the system of government used in ancient Greece. D) representation. E) "mob rule." 5) Republics are A) representative democracies. B) direct democracies. C) a hallmark of unitary governments. D) frequently found in totalitarian regimes. E) another name for states. 6) Who was the major author of the Declaration of Independence? A) George...
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...race. Although the Declaration of Independence declared that all men were created equal, it wasn’t for many years after the ending of slavery that equal rights were strengthened and the effects of slavery were abolished. Amendments to the constitution were put into effect to equal out the balance of the laws due to racial segregation, but despite these amendments African-Americans were rarely given the equal treatment as their white counterparts. Many states, especially in the south, made segregation a legal practice. What became known as Jim Crow Laws, were regulations that enabled separate bathrooms, busses, and schools simply based on the color of their skin. Many people disagreed with these unjust laws, but only few made their opinion known in court. One of the first cases to be heard regarding unmerited segregation was brought to the Supreme Court by a gentleman by the name of Homer Plessy. Mr. Plessy refused to give up his seat on the train to a white man and was therefore arrested. He knew that this arrest violated the 14th amendments “equal protection clause”. In 1892 he decided to fight this in court and it eventually made it all the way to the Supreme Court by 1896. The case became known as Plessy vs. Ferguson and ruled against Plessy in a vote of 8 to 1. Justice Harlan became known as the lone insurgent and his dissenting statement became known as the rally cry for later generations who also deemed segregation unconstitutional. Justice John...
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...Legal Studies ------------------------------------------------- Shelter THE RIGHT TO SHELTER AND THE ROLE OF GOVERNMENTS IN SATISFYING THAT RIGHT * The right to adequate housing applies to everyone. Furthermore, individuals, as well as families, are entitled to adequate housing regardless of age, economic status, and group or other affiliation or status, and enjoyment of this right must not be subject to any form of discrimination. * The right to shelter is clearly supported by international law. International recognition of the right to shelter was initially given in the U.N. Universal Declaration of Human Rights (1948). Article 25 of the Declaration states that “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family including food, clothing, housing and medical care and necessary social services”. * The UN CROC Article 27 (3) states that the government must provide material assistance and support programs where necessary, particularly with regard to nutrition, clothing and housing. * Article 11 of the U.N. International Covenant on Economic, Social, Cultural Rights (1966) states, “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this...
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