...Bill of Rights and Amendments Paper Jeremy Hall, Sheila Henderson, Sondra Lettsome, Elvina Scott, Desmond Thomas University of Phoenix U.S. Constitution HIS/301 Dr. John Theis November 10, 2011 Bill of Rights and Amendments Paper The founding fathers of our country had it right when they put in place an irrefutable plan of action and order. Although many things have changed since the inception of the original documents, the process and ways of which something must be done and adopted remains viable to us today. This example is not only found in the legislative democracy but also in the educational, religious, and social genres of the world. The constitution shares with all who take the time to peruse, the reasoning behind it, the amendments that are attached, and the rights of each person living the American Dream. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b (Archives.Gov.) If two-third of the number of votes of both the Senate and the House of Representative are in favor an amendment can be proposed by the Congress. Otherwise, two-thirds of the legislatures of the fifty states can call for a constitutional agreement for the purposes of proposing amendments to the Constitution. After an amendment to the Constitution has been proposed, it must be ratified...
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...Bill of Rights and Amendments Paper Jessica Ruiz HIS/301 April 4, 2013 Ryan Tarr Bill of Rights and Amendments Paper The Constitution is a fundamental law, which describes how a strong government should work (Zink, 2009). The Framers had stated that America’s Constitution was a vast contribution to the governments practice, and offered a new form of government to the United States. The United States Constitution is also known as the ultimate law, which was created by our founding fathers to establish a strong governmental structure, to meet the needs of the people in our nation. The Constitution was created to protect the rights of the people and their freedom by enforcing laws on the individuals who did in fact hold power on a political level. The vision of the Framers of an appropriate government for American’s was incorporated in the Constitution known as the Bill of Rights. Amendments becoming part of the Constitution In the Constitution Article V reads, that there are two ways for an amendment to become a part of the United States Constitution. The first way is with a two third vote in both houses of Congress the House of Representatives and the Senate. Today the most common used method of the amendment process is the first way by having the Representatives and Senate vote. The second way is a convention that has been set up by two thirds of the state’s legislatures followed by ratification for the amendment (Patterson, 2009). The ratification process is...
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...Bill of Rights and Amendments Paper HIS/301 United States Constitution January 26, 2012 The US Constitution is a living document which was designed to be ratified when needed due to a changing society, or unfair legal practices that overstep human and or civil rights. Article Five of the Constitution made way for amendments such as the Bill of Rights, amendments thirteen through fifteen, among so many others that have made the United States the place it is today. An amendment to the Constitution is a change that can be added to the Constitution or a change to an older part. Amendments are necessary due to changing a society and or some parts of government over steps its boundaries, unless prohibited by the Constitution the overstepping could happen again. There are two ways to amend the Constitution, The first being to get a bill passed by both the house and the senate with at two thirds majority in each. If passed it then has to go to the states. The second way which has never been used is for a constitutional convention to be called by two thirds of the legislatures of the States, and then the amendment has to be sent to the States with approval from three fourths of convention or legislatures. This process was put into the constitution by the framers. According to the “US Constitution” (The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the...
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...when needed due to a changing society, or unfair legal practices that overstep human and or civil rights. Article Five of the Constitution made way for amendments such as the Bill of Rights, amendments thirteen through fifteen, among so many others that have made the United States the place it is today. An amendment to the Constitution is a change that can be added to the Constitution or a change to an older part. Amendments are necessary due to changing a society and or some parts of government over steps its boundaries, unless prohibited by the Constitution the overstepping could happen again. There are two ways to amend the Constitution, The first being to get a bill passed by both the house and the senate with at two thirds majority in each. If passed it then has to go to the states. The second way which has never been used is for a constitutional convention to be called by two thirds of the legislatures of the States, and then the amendment has to be sent to the States with approval from three fourths of convention or legislatures. This process was put into the constitution by the framers. According to the “US Constitution” (The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution...
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...Bill of Rights and Amendments Paper Bill of Rights and Amendments Paper On September 17th, 1789 The United States Constitution was ratified and made law. The founders of United States Constitution had the foresight to give the constitution a way to grow and adapt with America’s needs, by including an amendment process to change or add to the rights of Americans. The amendment process has allowed America to continue growth and prosperity throughout the years and become one of the most powerful nations in the world. The amendment process will be covered in this paper along with the. The author of this paper will also look at later amendments to the constitution with an emphasis on amendments 13, 14 and 15 and the effects they had on America culture and society. The Purpose of Amendments The constitution was created with an amendment process in Article V to allow the document to adapt to changes in American society. According to article V of the Constitution an amendment can be passed by either a two-thirds vote in the House of Representatives and the Senate or by a convention where two-thirds of the legislatures meet over an amendment. After the Amendment is approved in the convention process it must then be ratified by 75% of the state legislatures (UMKC School of Law, 2013). Without the Amendment process the United States would have been bound by the same rules that applied back in the late 1700’s. The Amendment process has made it possible for the Constitution to change...
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...Criminal Procedure Policy Paper John Doe CJA/364 April 12, 2013 James Thomas Criminal Procedure Policy Paper The Fourth, Fifth, and Sixth amendment guarantee many rights to the people in the United States. This paper will explain the key elements that are guaranteed by these amendments. Also to be discussed is how these policies have impacted criminal procedures utilized by courts and police officers. Critical elements needed to meet the end state of this paper are the fourteenth amendment and the Bill of rights. The pursuit of the American dream and happiness are made possible by the laws which are made and enforced by law enforcement from the highest to lowest levels. Without these laws and law enforcers, the liberties which make this country great could easily be violated, ruining the pursuits earlier talked about. The United States Constitution has many amendments which provide protections of American liberties. Out of the constitution, the amendments which are most critical to the protections are the fourth, fifth, sixth, eight and fourteenth. The Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments are the key to providing these protections. Crime in the United States would be out of control without a solid criminal justice system. Without a strong criminal justice system and crime being out of control, a life filled with liberties, happiness and freedoms would only be a dream. In order for a society to flourish and provide those liberties...
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... | | |HIS/301 Version 6 | | |U.S. Constitution | Copyright © 2012, 2010, 2008, 2006, 2005, 2004, 2003, 2002, 2000, 1997, 1994 by University of Phoenix. All rights reserved. Course Description This course is an introduction to the historical, political, philosophical, and economic roots of the U.S. Constitution. It first reviews the philosophical arguments of the Federalists and the Anti-Federalists, those that supported and opposed ratification of the Constitution. The course then examines milestone Supreme Court decisions and the Court’s evolving interpretations of the Constitution. This course focuses on the first ten amendments of the Constitution, known as the Bill of Rights, and the issues of slavery and civil rights as seen through major court decisions. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the...
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...Criminal procedure policy paper CJA/364 DEC/19/2012 Susan Strick Criminal procedure policy paper Criminal procedure is broken down into two models and was designed by a professor who studied law at Stand Ford University his name was Herbert Packer. The first model is due process, this process believes in the rights of the individual this will be known as politically liberal. The second model is crime control this supports to regulate the conduct and behavior of individuals. This is considered politically conservative. These models are intended to embody the sets of different values that run the criminal justice system. In this paper both of the criminal procedure will be discussed and compared to show the similarities and differences. This will also be a way of figuring how the effects of policies in the criminal procedure this will be done by looking at the amendments made in the constitution of the United States looking at the fourth, fifth and sixth amendment and also the fourteenth. The fourteenth amendment including the bill of rights will be a critical aspect of achieving the goal of this paper. The procedure that is most used in the criminal proceedings is the due process model. As an individual a person will try to preserve the standard of holding their right to life, property, and liberty. As an individual a person will not let go of the rights without undergoing the right due process promised to them that is stated in the bill of rights. An officer even when arresting...
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...The Bill of Rights Kimm Baker AJS-552 April 30, 2012 Steven J. Duplissis J.D. Abstract The first, fourth, fifth, sixth, and fourteenth amendments to the United States Constitution are vital to the citizens of the United States safety and freedoms. These amendments affect the administration of justice and security in different ways we will discuss this relationship and how each are affected. Every division of law enforcement faces challenges, maintains certain objectives to serve, and protect the public. This paper will discuss the roles of the federal, state, and local court systems to public safety and civil rights. Before closing, we will discuss the objectives of juvenile justice, the role of private security organizations with respect to both corporate, and public protection, along with recommendations for solutions to the challenges faced by the criminal justice system, and private security organizations. The Bill of Rights The Bill of Rights are important to every member of society to ensure their rights are protected and justice is serve for all parties involved in civil and criminal cases heard within the courts system of the United States. Victims and offenders have certain rights during the course of a trial and all members of the court and law enforcement must follow special guidelines mandated by the Constitution when pursuing any case under the law. Each Amendment of the Constitution is equally important however, this paper will only explain the first...
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...Bill of Rights and Amendments HIS/301 September 12, 2011 Professor James Newman Bill of Rights and Amendments The Constitution became ratified and the supreme law of the land September 17, 1787. Our forefathers understood that the possibility of changes may need to occur to this document to continue to grow with the expanding nation. The act of amending is the way the founders have set up to create any possible changes Americans feel need to be made. Without these changes the nation inhibits itself, and remains in the context of a black and white document. In a nation of unique individuals change is constant and what keeps this country thriving. This paper will continue to discuss how and why amendments become part of the Constitution, what problems with the original document motivates the adoption of the Bill of Rights, the effects of the Bill of Rights, what problems or changes in society led to Amendments XIII through XV, and the effects of these later Amendments. Amendments: The Why and How The United States of America is a country constantly growing and filled with different ideas of change. For the United States to keep up with the constant change, they must be able to add amendments. For example slavery and women’s right to vote, both added in later generations because the normal perception of these individuals had changed. If the amending process had not been created people of such high power would not exist today. For example, President Obama,...
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...the convention. All of the delegates had to agree that every state would get one vote. They did not want anyone to know about what was going on during the convention meetings. The delegates made sure to keep everything a secret, anyone who was not a delegate were not allowed to attend any meetings. We have no written documents because they kept everything a secret of what had occurred during the meetings. The only details we have today is from a notebook that belonged to James Madison. However, James Madison is known as the “Father of the Constitution.” He had also helped write the federalist papers. At the Constitutional Convention James Madison had done a very good job. When the delegates had to decided to write the “Bill of Rights” he was against it. James Madison was afraid that the future people would just go by those ten amendments that were listed in the “Bill of Rights”. James Madison had believed in a loose interpretation of the U.S. Constitution. The Virginia Plan was one of the two opposing plans for the government. This plan basically was an outline of the federal government we have today. The Virginia plan was called for three branches of government. The three branches of government are the...
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...against the federalist papers because they had a lack of protection for individual freedoms. They wrote their own essays such as the “Centinel” against the federalist papers and it was to warn about the danger from tyranny. Samuel Bryan, the author of the letters of centinel, wrote: ‘Without presuming upon my own judgment, I cannot think in an unwarrantable presumption to offer my private opinion, and call upon others for their’s…” The Centinel purpose was to include a bill of rights in the new constitution and to adopt those rights. The Antifederalist achieve their goal and the federalists compromise with the bill of rights added to the Constitution. Many people say that the first amendment would not be here without the “intent of the Framers.”. But they did not adopt the first amendment. The Anti-federalist was still scared because the constitution did not really guarantee that the government could take people’s right to worship away. For example, the first amendment does not say that freedoms of speech or press shall not curtail, it only prevents...
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...The Bill of Rights is what had made up the first ten amendments to the Constitution of the United States. The first ten amendments give people the essential freedoms and civil liberties that would keep the United States categorized as a democracy. These ten amendments were ratified on December 15, 1791 and as such were added to the Constitution. One thing most people might not know is that the Bill of Rights had been proposed by George Mason during the Constitutional Convention of 1787. The idea had been rejected due to the states already having documents that stated rights to their citizens and felt that a federal bill would be quite unnecessary. Another highly influential reason they did not form a Bill of Rights then was because all the...
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...Confederation; in May, representatives from twelve states convened in Philadelphia. The original Constitution, ratified by the states, contained very few individual rights guarantees, as the framers were primarily focused on establishing the machinery for an effective federal government. As adopted, the Constitution included only a few specific rights guarantees: protection against states impairing the obligation of contracts, provisions that prohibit both the federal and state governments from enforcing ex post facto laws (laws that allow punishment for an action that was not criminal at the time it was undertaken) and provisions barring bills of attainder. The framers, and notably James Madison, its architect, believed that the Constitution protected liberty primarily through its division of powers that made it difficult for an oppressive majorities to form and capture power to be used against minorities. In the ratification debate, Anti-Federalists opposed to the Constitution, complained that the new system threatened liberties, and suggested that if the delegates had truly cared about protecting individual rights, they would have included provisions that accomplished that. With ratification in serious doubt, Federalists announced a willingness to take up the matter of a series of amendments, to be called the Bill of Rights, soon after ratification and the First Congress came into session. The concession was undoubtedly necessary to secure the Constitution's hard-fought ratification...
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...Bill of Rights & Amendments Paper Intro The United States is a country that was founded on the principle of freedom; it took the Bill of Rights to be added to the Constitution to guarantee citizens freedom. The Bill of Rights consists of the first ten amendments in the constitution; a document that outlines how the new American government would be created and operated. The Constitution was ratified in 1788 which was the start of protecting the interests of each citizen, two years later the Bill of Rights was proposed by congress and went into effect in 1791. It was designed to prevent the government from taking total power over citizens and to provide them with legal defenses. This essay will discuss the understanding of how amendments become apart of the constitution and how it adopted the Bill of Rights. As well as the changes in society that led to amendments XIII-XV that became part of the constitution. The effects of the Bill of Rights to this country have been beneficial; they lay down the blueprint for freedom by allowing citizens a voice. The failure of the Articles of Confederation was what led to the Constitution; The Articles had a weak national government with no president, or judicial branch. Hence, this led to the Constitution, which showed the three branches of government legislative, executive and judicial; it describes the power of each branch. It was set up by our forefathers in order to change it if necessary. It tells the relationship of the federal...
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