...History 301 / United States Constitution Joseph Richardson As Americans we are given certain “freedoms” that other countries are not entitled to have. In 1787 the United States Constitution went to effect and included the Bill of Rights that provides us with our freedoms. Each of these amendments is very important to the way we live in today’s society and play an important role in our lives. The Constitution and the Bill of Rights is the foundation for our country and the Amendments it includes gives our citizens their individual rights. The Constitution is what separates us from any other country. Certain Amendments were able to pave the way for all groups of individuals to have equal rights. The Constitution is a living document and was created that way to keep growing and changing to evolve with the American people. Our founding fathers understood that times would change the United States would grow and have different issues then our forefathers had. Because they understood this when they created the Constitution of the United States which included article V. Article V of the United States Constitution states that whenever two thirds of both houses decides an amendment is necessary they can propose it. A proposed amendment becomes part of the Constitution after it is ratified by three fourths of the 50 states. An amendment means a change, addition, correction or alteration to the current Constitution. The reason our Constitution has amendments is because our country is constantly...
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...Bill of Rights and Amendments Salvatore Coco HIS/301 AUGUST 15, 2013 Christina Winn Bill of Rights and Amendments Although the Constitution was written primarily to define and represent the ideals and dreams of men for freedom of life; liberty, and the pursuit of happiness, there were many imperfections because of the compromises required to get the document ratified by the states involved. Amendments to the Constitution were added to correct these deficiencies, including the Bill of Rights and the first 10 amendments. However, the Bill of Rights still did not adequately address the issues of slaves. Amendments 13, 14, and 15 were added in an attempt to fulfill the gaps left by the original 10. These amendments were also a precursor to future amendments addressing civil right issues during the Civil Rights movement. How and Why Amendments are added to the Constitution The Constitution was approved in 1788, including Article V stating how amendments would be added. Amendments were needed either as an improvement, a correction, or an addition. There are two ways to pass an amendment although only one has ever been used. The first method takes two-thirds of the house and Senate and three-fourths of the states to have a proposed amendment ratified. The second method, although never used requires a Constitutional Convention to be called by two-thirds of the House...
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...United States Constitution is the supreme law of the land. The very first 3 articles of the Constitution make the rules and separates each of the three branches of government. They are the legislative, executive and judiciary branches. This constitution was created on September 17, 1787 in Philadelphia, Pennsylvania. It took two years before becoming effective on March 4, 1789. The United States Constitution can be changed through the amendment process. The first ten amendments are known as the Bill of Rights. The First Amendment guarantees citizens the right to practice whatever religion they choose. Therefore, the government cannot interfere in an individual’s freedom of worship. This is an example of an individual's liberty from the government. Civil rights are the positive actions the government should take to make all Americans equal. Civil rights, specified in the 14th Amendment is also in the Bill of Rights. The question is; do we need the U.S Constitution to protect our civil rights and liberties? The Bill of Rights in the Constitution is provided in Article 5. With the Bill of Rights our liberties are protected. These ten amendments are laws that gives each individual the same law to follow. Without the Bill of Rights in the Constitution, the government cannot be trusted with our given rights. If the government could be trusted, the First Amendment wouldn’t be based on what the government cannot do because we have freedom; it is said right in the Constitution. With the...
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...13, 2013 SHORT TITLE: FREEDOM OF SPEECH Freedom of Speech FIRST AMENDMENT PROTECTIONS Unit 2 Assignment Jerry Coleman LS305 Constitutional Law Prof. Judge J. Kent Kaplan University January 10, 2014 FREEDOM OF SPEECH FIRST AMENDMENT PROTECTIONS BY JERRY COLEMAN JANUARY 10, 2014 INDEX 1. COVER PAGE 2. TITLE PAGE 3. INDEX 4. PURPOSE 5. THEORY 6. FREEDOM OF SPEECH: UNALIENABLE RIGHT? 7. HISTORICAL PERSPECTIVE 8. CASE LAW 9. CURRENT LEGISLATION AND ITS EFFECT ON THE FIRST AMENDMENT 10. CONCLUSION’ 11. REFERENCES PURPOSE The purpose of this paper is to examine, limitedly, the incursion, by Congressional Acts, Judicial Interpretation via case law, and Executive Order of the First Amendment Protections of Free Speech of The Constitution of The United States. THEORY The Bill of Rights are the Foundation of the UNALIENABLE RIGHTS OF THE PEOPLE, in theory and original intent of the Framers, which neither the Federal Government nor the States may repose from the People. Neither shall the Judiciary. However, given to logical consideration, as applied by the Marshall Court, the Courts have Judicial Review Authority, rendering them, if not the best locale, definitely the most appropriate, for interpretation of the Rights thusly enumerated in The Constitution’s Bill of Rights (Amendments One thru Ten, specifically One thru Eight). However, it must needs be stated that Judicial Review...
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...Kee 10/ 23/14 POS-301 Instructor: Jennifer Biddle Rights and Freedom In this paper I will discuss about which freedom that guaranteed me in the First amendment to the Constitution. I will also discuss about the significance of the Bill of Rights, and the process for amending the constitution. The amendment which guaranteed freedom to me in the First Amendment to the Constitution personally is the Amendment 1. Amendment 1 states that I am guaranteed my right of freedom of speech, press, and religion, peaceable assembly, and petition. This amendment here first of all offers a variety of freedoms for me. And I believe that as a citizen here in America I am entitled and to these rights. One of the first amendments is the freedom of speech, I am glad this was guaranteed so that I may have the right to express how I may feel and about the matters of this world. And that it is ok to be able to do so and also to be able to express my opinions, feelings, and etc. So with that being said I am able to speak about the issues or area that our government don’t really handle or are not really addressing whatever needs to be address. This is very important to me because I am able to speak my mind without being prosecuted for it and to actually really get my point across of what I need to and just be able to speak about different things in life. Next freedom from the First Amendment is the Freedom...
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...‘A Constitution written in the 18th Century does not work in the 21st Century’ Discuss (30 marks) America’s first form of Constitution, the Articles of Confederation, was ratified in 1781 and it can be argued that many states operated as independent countries under this. After America won its independence from Britain in 1783, it become increasingly evident that the USA needed a stronger, central government to remain stable and so the US Constitution was created and signed on 17th September 1787 in Philadelphia. This Constitution is still used today and is at the heart of American Politics but the debate lies in whether an 18th Century document is acceptable for the present day. A Constitution written in 18th Century does not work in the 21st Century because it is difficult to update and some parts make no sense in today’s society such as the Second Amendment and the Electoral College, as there have been four occasions when the candidate who got the most votes lost the election. The amendment process is too difficult, thus making is almost impossible to remove parts no longer necessary or to add parts that the majority desires. For example, the Second Amendment, in the Bill of Rights, allows US citizens the right to bear arms, which has caused much conflict as it has become increasingly evident that people are willing to abuse this right. Attempts to overturn the Second Amendment have been very much refused due to the rigid, outdated Constitution. The power of judicial...
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...their usage of religious banners before the local public school’s football games. The cheerleaders created banners, like many high school cheerleaders do, but the message painted on their signs were statements such as, “And let us run with endurance the race God has set before us” The messages on the banners are religious speech and a violation of the First Amendment of the Constitution. Yes, the United States Constitution does allow for the freedom of religion, but it also separates Church and State. The cheerleaders painted these signs for a school organized football game; the educational institution is a public one and must abide by the United States Constitution and the separation of church and state. If the school were private, religious connotations would be permissible, but being that the school is public, the signs created by the cheerleaders would be considered government sanctioned. The Establishment Clause in the First Amendment states, “congress shall make no law respecting an establishment of religion.” Throughout our nations history there has been much debate of what the framers of the Constitution meant by establishment. For instance some judges, such as Former Supreme Court Justice, William Rehnquist argued that the framers of the Constitution by using the word establishment meant there should be no national church and no preference of one religious sect over another. Others oppose that view and feel the government should have no involvement in religion whatsoever...
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...An assignment on 15th amendment of the Bangladesh constitution. The 15th amendment of the Bangladesh constitution is perhaps the most debatable one in the post democratic era that follows the 1990 public upsurge against autocracy. The often pronounced justifications offered for this amendment is the ‘needs’ for returning to the spirit and contents of the founding constitution of 1972 of Bangladesh. Yet the 15th amendment rather accommodates some of the changes brought out by the 5th and 7th amendments, both made by the Martial Law regime and recently declared illegal and unconstitutional by the apex court of the country. 15th amendment, like most of the previous amendments, also largely failed to reflect comparative constitutional studies. Such study is considered essential for learning the experiences of constitutionalism in relevant jurisprudences and borrowing or adapting them in amending a nation’s own constitution. Although the 1972 constitution of Bangladesh was indigenous in part, the 1972 Constituent Assembly (led by Bangabandhu Sheikh Mujibur Rahman) enriched our constitution by the same process of borrowing and/or adapting from models and concepts of foreign constitutions. For example: collective responsibility of ministers to Parliament and functions of parliamentary committees were taken from UK system, the concept of fundamental principle of state policy from India and Ireland, the provisions of human rights and Judicial review from US constitutional jurisprudence...
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...judicial, legislative, and executive. The judicial branch is in charge of the court systems. The legislative branch makes the laws. The executive branch enforces the laws and policies and the administration of public affairs. 3. What is the term which describes this division of power into the 3 branches of government? The term that is used to describe the separation of power into three branches is called checks and balances. 4. Questions about interpreting the Constitution are decided by which branch of government? Questions about interpreting the constitution are decided by the judicial branch. 5. Under the US Constitution, Americans are free to disagree with and criticize government officials. Which amendment guarantees this right? The first amendment guarantees these rights. 6. The colonists did not want the government to have the ability to search people’s home whenever they wanted and for any reason. What amendment to the US Constitution addressed this concern? The fourth amendment addressed this concern. 7. In the Declaration of...
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...Nathanial Schmidt 10/17/13 The Constitution of the United States marked the start of a new form of government for the newly freed colonies. It established a system of government in which the US has had for over two hundred years. The Framers of the Constitution wrote it to “establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity…” It was created to protect the citizens of the United States and our freedoms. The Constitution is what sets the US apart from many other countries. The Articles of Confederation, Bill of Rights, and Constitution are arguably the most important documents in United States History. They were the documents that put in place the first government of the United States of America. Although written over two hundred years ago, the Constitution is timeless in the ideas and principles that it promotes. As of late, the relevancy of the Constitution to today’s society has been called into question, more specifically our second amendment. Does the Constitution of the United States with the inclusion of our second amendment right continue to insure domestic tranquility? The United States Constitution, including the second amendment, is a healthy document, which still serves our nation exceptionally well and continues to insure domestic tranquility. The evolution of society and recent events may show that the second amendment right can be endangering...
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...The First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This was written by James Madison and is the first amendment in the Bill of Rights. Basically, this means that Congress cannot make laws establishing one religion that everyone must follow nor favoring one religion over any others. The government cannot tell people what religion is appropriate or attempt to influence the belief of the citizens. This amendment also guarantees that any American person can speak and/or print what is on his mind without being punished. We also have the right to meet as a group where we chose and we can petition what the government says if we truly believe it is wrong. The first amendment generally the most well known. Most people, at some point, have heard many of the phrases that are used here. This is also what a lot of disagreements are over. The first clause has been a source of much debate. Some people believe that the government should make certain exceptions to religious expression. Other people believe that all religious expressions should be restricted. People interpret laws to mean different things. There have been many judicial proceedings that involve the First Amendment. One really good example is George Daniels v. City of...
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...In 1975 the District of Columbia pass the Firearms Control Regulations Act which prohibited guns at home from being functional firearms and also made it nearly impossible to own a gun. This created conflict with the second amendment in the constitution, which states “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.” It can be seen this law D.C. passed violates the constitution due to citizens not being able to have a functional firearm at their home. This caused the case of District of Columbia v. Heller to arise. Dick Anthony Heller, a police officer in D.C., applied for a one-year license that he would use to own a handgun at his place of residence. He was then denied the license. Heller sued D.C. on the account of not upholding his second amendment right. The district court’s response was it was not valid and it was dismissed. It was appealed by Heller and The U.S. Court of Appeals for the District of Columbia decided that making people have...
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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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...The Second Set of Amendments Submitted by Atorria Walley Submitted to Dr. Cliff Fortenberry In Partial Fulfillment of the Requirements for COM 442: Communication Law January 5, 2015 The Fourth Amendment The Fourth Amendment is another important amendment that ranks close to the first amendment because it allows for the citizen of the United States the right to feel secure. This right, according to the Administrative Office of the US Courts (2015) (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 probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This basically means that it is a direct violation of citizen’s Fourth Amendment to be arrested or searched without probable cause. The key term in this entire phrase is with probable cause. If there is no reason for it then it is otherwise deemed unreasonable. The first clause mentioned in this amendment is the unlawful search and seizure of a home without a warranty to do so is deemed unreasonable. Without a warrant, the homeowner is allowed to deny access to his or her home without being subjected to being arrested for non-compliance. An example of such is an officer knocking at your door demanding to enter your home because they want to talk or look around your home...
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...informed, more likely to communicate with their representatives, more likely to advocate for their interests, and hold public officials accountable for their actions. Political culture * The people’s collective beliefs and attitudes about government and political processes * What is it that binds us together as Americans? * Our political ideologies * Our political values – liberty, capitalism, equality, consent of the governed, individualism Ideology * Political ideology is an integrated system of ideas or beliefs about political values in general and the role of the government in particular * Ideology provides a framework for thinking about politics and policy preferences Ideologies * Modern liberalism is associated with ideas of liberty and political equality: * Tend to favor chance in social, political and economic realms to better protect individuals and produce equality What is the constitution? * Fundamental principles of a government and the basic structures and procedures Two US Constitutions * Articles of confederation ( 1781-1789) * Constitution of the united states (1789-present) Events leading up to the US constitution * By the 18th century, two-tier system of governance had evolved – local colonial assemblies vs Parliament in Britain * Britain’s involvement in the seven years’ war cost money that they tried to recoup from the colonies * Sugar act (1764) * Stamp act (1765) * Colonists...
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