...The Equal Rights Amendment is one of the twenty-seven failed amendments to the United States Constitution. This amendment would give equal rights to men and women, under federal and state laws within the United States. The amendment was written in 1923, by Alice Paul, a suffragist leader and founder of the National Woman’s Party. It was presented at every Congress from 1923, until 1972 when it was passed and sent to the states for ratification. However, only 35 out of the 38 required states, ratified the amendment, it was given an extension until 1982, but still failed to pass and has become extinct within Congress. The amendment has been proposed at every Congress since its failure to be ratified. The proposed amendments states that “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” The amendment has three sections, and this statement is featured as the first. The second section states that “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article,” and the third section states that “This amendment shall take effect two years after the date of ratification.” Essentially, the amendment would affirm the equal application of the United States Constitution, to both sexes. However, according to some opposers of the Equal Rights Amendment, it would also take away some of the rights granted to women in previous years. The amendment would require women to sign...
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...Merrit Duke History of American Women May 27, 2015 Equality: Too Much to Ask For? The Equal Rights Amendment has been the source of much debate for almost an entire century now. Since first purposed by Alice Paul in the 1920s one’s stance on the potential amendment has been a dividing factor in the political sphere. Though the amendment was shut down in the 1920s there has been discussion about adding the Equal Rights Amendment into the constitution today. If the potential amendment was to be brought back up my stance on the debate would be in support of the amendment. For some background on the debate on the Equal Rights Amendment it would be good to look back and see where activists in the past were split and what about the Equal Rights Amendment has divided them. The Antebellum era gave two different types of women activists, the true women and the Early Feminists. The True Women argued for gender distinctions, separate spheres, domesticity, and women as moral guardians in their natural role as a mother. The True Women would be the women who be apposed to the Equal Rights Amendment and would be active in the fight against it. Arguing against the True Women were the Early Feminists who stressed gender equality, suffrage for women, equal education, human rights, and saw women as rational beings. This group of activists would be in support of the Equal Rights Amendment. Next would be the Progressive era where the two parties in the debate would be the Early Feminists and...
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...Amendment IV 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. The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. It was adopted in response to the abuse of the writ of assistance, a type of general search warrant issued by the British government and a major source of tension in pre-Revolutionary America. The Fourth Amendment was introduced in Congress in 1789 by James Madison, along with the other amendments in the Bill of Rights, in response to Anti-Federalist objections to the new Constitution. Congress submitted the amendment to the states on September 28, 1789. By December 15, 1791, the necessary three-quarters of the states had ratified it. On March 1, 1792, Secretary of State Thomas Jefferson announced the adoption of the amendment. Because the Bill of Rights did not initially apply to the states, and federal criminal investigations were less common in the first century of the nation's history, there is little significant case law for the Fourth Amendment before the 20th century. The amendment was held to...
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...resolving some of the major issues with the Reconstruction Amendments. There were many changes being made during this time period from the abolishing of slavery to giving everyone equal rights and privileges, to granting African American the right to vote. This led to the creation of the Thirteenth, Fourteenth, and Fifteenth (Reconstruction) amendments which benefited African American in many ways and has change their life for the...
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...Supported by the required readings and presentations of Module/Week 1, post a thread defending 1 of these 2 First Amendment interpretations: 1.The First Amendment was written as a means of protecting the state from the church. 2. The First Amendment was written as a means of protecting the church from the state. The First Amendment was written as a means of protecting the church from the state is the most logical interpretation of the First Amendment to the constitution. Hutson stated in his book “Church and State in America” that the amendment “prevented the federal government from establishing a national religion and allowed people to freely exercise their religious beliefs and practices. The issue in today’s society is not that the people believe that the government should establish a national religion but rather that any reference to any faith (in particular it seems Christian) should be abolished as it “offends” some citizens to see it. In many cases the “offensive” object is not on government property but is rather a private display or decision. If this were ten years ago I might have argued that the issue was keeping the Church out of the State. However, more recently, the focus seems to be the other way around. Now more than ever, it seems that the focus needs to be on keeping the state out of the church setting. Consider these recent cases. In Houston there were five Christian Pastors that were served subpoenas by the city to turn over any sermons that specifically...
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...First Amendment protections of speakers’ rights to speech and assembly vary based on the speakers’ chosen forum. The Supreme Court breaks down forums into three types: traditional public forums, designated forums, and nonpublic forums. See Perry Educ. Ass’n v. Perry Educators’ Ass’n, 460 U.S. 37 (1983). Finally, some public property is not a forum at all. Traditional public forums include public parks, sidewalks and areas that have been traditionally open to political speech and debate. Speakers’ in these areas enjoy the strongest First Amendment protections. In traditional public forums, the government may not discriminate against speakers based on their views. This is called “viewpoint discrimination.” The government may, however, subject speech to reasonable, content-neutral restrictions on its time, place, and manner. When considering government restrictions of speech in traditional public forums, courts use “strict scrutiny.” Under strict scrutiny, restrictions are allowed only if they serve a compelling state interest and are narrowly tailored to meet the needs of that interest. Sometimes, the government opens public property for public expression even though the public property is not a traditional public forum. These are designated public forums. After opening a designated public forum, the government is not obligated to keep it open. However, so long as the government does keep the forum open, speech in the forum receives the same First Amendment protections as...
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...The First Amendment is the foundation of what America stands for. This amendment provides the ability for each Americans’ right to be free from governmental restrictions in a variety of methods whether it is speech, peaceful gatherings, or the practice of religion. The public society has the privilege to access criminal trials, which allows a deep examination and of the judicial process. Access to public trials increase the factual process of the judicial system and the integrity of the parties involved under analysis in the public eye (Peterson, 1992). This amendment is said to be the force behind which all other amendments follow. However, this First Amendment language can conflict with the Sixth and Seventh Amendments. The Sixth Amendment,...
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...controversial is the second amendment to the constitution and its importance. The Second Amendment states that, “a well regulated militia, being necessary to the security of a free state, the right of the people to bear arms, shall not be infringed.” The interpretation of the “right of the people” shows that it protects the individual rights of the citizens to own guns. The second amendment is widely considered to be the most important amendment in the constitution for several reasons. It bestows the citizens with protection, defense, and it establishes greater hegemony for the nation as a whole. The second amendment grants protection to all law biding citizens. It protects them from criminals and even from the government. Owning a gun allows citizens to protect their property and themselves. For example, if a criminal knew for a fact that a certain house or a certain neighborhood had guns then he would surely think twice before breaking in or vandalizing their property. The second amendment gives the citizens protection with guns and therefore it discourages criminals from attacking the innocent. According to firearms expert Neil Schulman, firearms are the most effective way to protect your home from common criminals. As long as you learn how to use guns safely and take precautions to keep them out of the irresponsible hands of criminals, then the guns makes your home safer and could potentially save your life and that of your loved ones. The second amendment also offers protection...
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...First Amendment Tiffany Berardino, Alanna Cherry, Charlie Ford Paul Patton, Gwyneth Navitsky Law/421 Contemporary Business Law November 10, 2013 Boni Cherelle Introduction On December 15, 1791, the First Amendment Rights were set forth to protect the citizens of the United States and be governing by the Bills of Rights. As time passed and the U.S. changed the First Amendment, it became more of a pillar for free speech, free press and the right to peacefully assemble. The First Amendment, at its early stage, was only applied by laws by Congress but now it has been directed in the process of incorporating a clause through the Fourteenth Amendment – due process. The First Amendment protects as well as gives an understanding of what society can and cannot do as citizens of the United States. First Amendment/Defamation As a team, we are in agreement that the First Amendment protects defamation to an extent. For example, consider the media who report on current events all over the world. Journalists are the most accused of defamation due to the topics which are discussed. This in turn creates a stage that is known to the world as “correct reporting”. Freedom of speech, as characterized in the First Amendment, allows individuals the freedom to say what they want so long as it does not create falsehoods and defames the character of any one individual. First Amendment/Censorship Although the First Amendment gives people or companies the freedom of speech and press,...
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...Analysis of the Fifth Amendment Katrina Krolak, Katia Denis and Dan Mullen The University of Phoenix U.S. Constitution HIS 301 Georgia Mc Millen March 17, 2008 Introduction The Fifth Amendment provides for certain personal protections including the right to avoid self-incrimination and the potential for criminal convictions based on double jeopardy. The analysis of the Fifth Amendment in this research will review the background of the amendment, and various interpretations throughout history. The impact of the Fifth Amendment on American society, and the potential for changes in the future will also be researched. The classroom text of the course U.S. constitution and the Internet will be used as sources of reference. The Fifth Amendment “No person 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.”(Lectric Law Library [LLL], N.D., page 1). The Fifth Amendment is one of 10 amendments included in the Bill of Rights that specifically deal with personal liberties from unjust searches to free speech. (Head, 2008, page 1). The bill of rights was ratified on December 15, 1791 (Karnis Landy & Milkis, 2004, page 16). The ten amendments in the bill of rights were intended to limit the control of the new government on personal freedoms. The Fifth Amendment specifically protects the citizen from self-incrimination...
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...powerless the government really was and proved that imperative action was necessary to rectify the issues that were currently afflicting the young nation. The fact that the Articles of Confederation failed was actually a positive outcome, since it was held in place for 10 years it served as a good guideline for what was needed. It was a big risk since they had no idea if it was going to work out, but the founding fathers then went forward to draft a constitution that has served as the law for the last 200 years. This new constitution made the federal government much more powerful yet still promised to uphold the rights of the people to prevent exploitation by their government. In this constitution is included a “Bill of Rights,” ten amendments that...
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...The Fourth Amendment to the United States Constitution limits the power of law enforcement to arrest people and search or seize their property without “probable cause.” This amendment protects people’s privacy and freedom against government intrusions. It was ratified along with the rest of the Bill Of Rights. December 1791 to the Bill Of Rights. It was added for a few reasons. People were scared of the government having too much power. Under British colonial rule, soldiers could go into anyone’s house they wanted, and it wasn’t against the law. Officials could also search virtually any home they liked at any time and for any reason. Since many people in the colonies stole things as well and they didn’t want government officials coming in,...
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...The First Amendment I believe that the First Amendment was written as a means of protecting the church from the state. The First Amendment is considered the most important amendment in the United States Constitution. It protects the rights to freedom of religion, freedom of expression, freedom of speech, freedom of assembly, and freedom of press from government interference. [1] According to J. Hutson in his book the “Church and State in America”, he states the amendment “prevented the federal government from establishing a national religion and allowed people to freely exercise their religious beliefs and practices.”[2] Basically, the First Amendment gives the people the ability to live their lives the way that they want to, the lifestyle that they choose. This amendment was passed 1789. James Madison, known as the “Father of the Constitution” for his contribution to the Constitution, and proposed twelve amendments, which ended up becoming the first ten amendments of the Constitution. These first ten amendments make up what became known as the Bill of Rights. [3] The purpose of the First Amendment of the Bill of Rights, written mostly by James Madison, with the assistance of Thomas Jefferson, was to address three fundamental freedoms all citizens have: religion, speech and peaceful assembly. According to the Buchanan (2010), when the U.S. Constitution was signed, it did not contain the essential freedoms now outlined in the Bill of Rights, because many of the Framers...
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...tremendous controversy surrounding the Second Amendment. This, however, was not the intent of the Founding Fathers when they were formulating the United States Constitution in the 1700’s. When the framers convened to develop their governing document and infrastructure, they wanted to ensure the citizens would be free from governmental oppression, like that of the monarchy they had just escaped from. The Second Amendment writes, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” (“The Constitution of the United States of America”, Amendment II). The Revolutionary War was fought and won with the help of firearms, therefore, the inclusion...
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...Our founding fathers in their quest to set forth protections of citizens enacted the Fourth Amendment to the United States Constitution. (GPOaccess.gov/constitution) The purpose behind this amendment is the people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”. At face value you may believe that this amendment provides you with total protection from an illegal search and seizure. In this paper I will demonstrate that the Fourth Amendment does not cover searches that occur in open fields or for items that are observed in plain view. In order to form an opinion on the constitutionality of a warrantless search you first need to determine what an open field is and what would be considered private property. This is known as the Open Fields Doctrine. (Wetterer, 1998) Items in open fields are not protected by the Fourth Amendment so they can be seized by an officer without a warrant or probable cause. Open fields do not fall within any of these categories. What does “open fields” exactly mean? Open fields encompass any open, undeveloped property that is not intimately used for dwelling (including curtilage) or business. The main residence on a piece of land, any outbuildings closely connected with and in close proximity to it, and the land immediately surrounding the residence are all considered to be within the curtilage of the land and are areas in which there is a reasonable expectation of privacy...
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