...Position Paper Introduction Looking back over the past two hundred and seven years, every session of the United States Senate has been opened with a prayer. Doing so has reaffirmed the Senates faith that God is the Sovereign Lord of our Nation. Barry C. Black currently serves as the spiritual advisor and counselor for the United States Senate with the title of Chaplin. Over the years, this position has ranged from part time, to now a full time position (United States Senate, 2011). Ever since Engel v. Vitale, people have been upset that God has been kicked out of the classroom. Engle v. Vitale was a landmark Supreme Court case, in which it was ruled that the public school could not be started or concluded with a formal reciting of a non-denominational prayer (Bill of Rights Institute, 2010). The following information will show both sides of the argument of if prayer should be allowed in schools. Background information will be given on the history of prayer in school and prayer in congress, and my personal thoughts on this important position. Argument There are many different viewpoints on the argument of prayer in schools. We will begin with the argument of allowing prayer in schools. The United States Constitution protects religious freedom under the First Amendment. The First Amendment states that Congress should not make any law respecting the establishment of religion or prohibiting the free exercise of religion (U.S. Constitution Online, 2010)...
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...October 4, 2012 Daniel Ellsberg, was the person who released the Pentagon Papers to the public because the United States involvement of the Vietnam War and also there were many secrets that government officials were not allowing the public to know. Ellsberg’s career began when he entered the marines in 1954 and he started to deliver lectures at Harvard as a junior member board; during that particular time Henry Kissinger took notice to Ellsberg rational lectures. Ellsberg soon began to work as a strategic analyst in the Santa Monica office of the RAND Corporation. The RAND Corporation was the beginning of an opportunity, unbeknown to Ellsberg having clearances to top secret information – would eventually lead him to the release of the Pentagon Papers. Ellsberg became involved in the Vietnam War in 1965. “ I had accepted the official answer,….namely that there was a civil war going on, that we had a right to intervene and pick one side or the other.” Ellsberg, like many Americans in the U.S had trusted and believe that their government would guide them right for the U.S involvement in Vietnam. In 1967, Ellsberg became more concerned by the continuing violence of the war and how the U.S continued to brainwash the public through the media that the war was for the right cause. “The programs we were pursuing had no chance of succeeding. We’re not in any way proceeding as people thought they were back in Washington.” At this point Ellsberg felt the U.S should end the brutal war...
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...Name: Course: Tutor: Date of Submission: Prayer in Public Schools For a long time now, there have been debates on the issue of prayer on public schools. Tracing back the issue of prayer in the public school as presented in various court cases and the issue of prayer from a personal perspective shows the correct argument towards prayers in public school prayers. The first court case on school prayer can be traced in the Engel V. Vitale case that happened way back in 1962, where there was the banning of praying in public school by the Federal Supreme Court. Weiler says that this happened after parents in a public school at New York protested that the voluntary prayer at the school was not in line with their religious belief (Weiler). To spice this up, other religious groups came forward to support the parents on the same issue, which they argued that it was against the amended constitution. After a long consultation with various concerned parties and religious group, a firm confirmation was made that this was unconstitutional. Therefore, the court issued an opinion stating that there were not supposed to be prayers written by the government for recitation in the public schools. To justify this, the court stated the existence of the separation between the state and the church, where it revisited the history of the matter. Besides this, the court argued that a school prayer is a religious activity since it has the nature of a prayer. Therefore, prescribing a prayer for children...
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...Case 3.2 – Service of Process Has Plaintiff properly served defendant Wal-Mart? No the plaintiff did not properly serve the defendant Wal-Mart. The plaintiff served the statue of limitation 9 days before the 3 years was up. He also served it to the manager that was physically available, but South Dakota has a law that the president, officer, director, or registered agent of a defendant corporation. The plaintiff as well did not properly give the service of process to the right person. Case 3.6 – Summary Judgment Should the court grant Pathmark’s motion for summary judgment? No I don’t think Pathmark established proper grounds for summary judgment. They are questioning the deposition of Toote, in the part where she stated she did not know how long the boxes were stacked there. How long the boxes being stacked is not the issue, it’s more an issue of negligence on Pathmark’s part because the boxes should not be laying around where people are walking. The court, due to not enough grounds of evidence, should not grant Pathmark requesting a summary judgment. Case 4.1 – Supremacy Clause Does the Massachusetts anti-Myanmar statue violate the Supremacy Clause of the U.S. Constitution? Under the Supremacy Clause, this anti-Myanmar act does violate the U.S., because it is going against the “supreme law of the land.” When Massachusetts set forward this, it went against the federal statute, making the state preempted by the federal statute. The states of the US don’t have to right...
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...Background WikiLeaks states on its website: WikiLeaks is a non-profit media organization dedicated to bringing important news and information to the public. We provide an innovative, secure and anonymous way for independent sources around the world to leak information to our journalists. We publish material of ethical, political and historical significance while keeping the identity of our sources anonymous, thus providing a universal way for revealing of supposed and censored injustices. WikiLeaks, founded in 2006 by Australian Julian Assange and a small group of activist and computer experts, is a whistle-blowing website which “aims to bring to light secret information about governments and corporations” (“Times Topics”). “[I]t is the world’s first stateless news organization, because it belongs to the Internet rather than to the laws and culture of any one country” (Peters)....
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...First Amendment When one is growing up, and is not so knowledgeable about our government you can be sure that every kid knows that they have the freedom of speech. Freedom of Speech is probably one of the things that some kids use the most, when talking about something maybe one of their friends does not want to hear, “I have the freedom of speech I can say whatever I want.” This to a certain extent is true. The first amendment states this: “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 petition the government for a redress of grievances”.(Bill) Though some people may try to take advantage of the first amendment, everyone should have the right to religion, free exercise, speech, press, peaceful assembly and the right to petition the government. In 1943 while at war with Germany and Japan, West Virginia wanted to instill American values by forcing Teachers and students to recite the pledge of allegiance. If the teacher or student failed to comply, they would be faced with expulsion. West Virginia’s motive for this rule seems reasonable but the consequences are beyond extreme. When a group of Jehovah’s Witness’ attended the school, “[They] refused to salute the flag because it represented a graven image that was not to be recognized.” (West) When these students refused to recite the pledge, they...
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...Amendment I of the Constitution of the United States of America sets the stage for what the government can’t (or at least shouldn’t be able to) deny a person. Right off the bat, the Constitution gives people the right to the freedom of speech, press, religion, and to complaint to or ask for help from the government without punishment. However, the first amendment of the Constitution sometimes get controversial. Some people want certain use of language to be illegal while other want to protect their right. What some people don’t realize, is that the first amendment gives you the most fundamental freedoms. The first amendment gives you the most fundamental freedoms because it allows you to speak your mind, belief what you want, and inform people about what you want without fear of punishment....
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...Constitution of the United States was written in 1787 and put into effect in 1789. The first amendment was put into place in 1791 as a part of the Bill of Rights. The first amendment of the Bill of rights ensures individuals freedoms of religion, speech, the press, and right to assemble. Freedom of speech will allow individuals to express their ideas freely. In the early 16th century individuals were taken to prison for speaking their minds and sometimes this penalty was punishable by death. This paper will define free speech and compare and contrast two different types of legally protected speech. Two examples of Legally Protected Speech are Commercial Speech and Artistic Speech. Free Speech Free speech is the reference to one’s given right to express opinions, ideas, beliefs, and information. However, free speech does not come without restrictions. Although the founders of the Constitution had good purpose, the idea of free speech was not carefully considered. Because the adoption of the Bill of Rights, the judges has fought back to define speech and the extent to which freedom of speech should be protected (The Free Dictionary, 2011). As a result of struggling to define free speech, regulations, and protections have been implemented into the First Amendment. Commercial Speech At one time, purely commercial advertisements had been considered to be outside the First Amendment’s protection (Law Publish.Com, 2011). Commercial speech is primarily in the...
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...as the cause of this problem. Yet there are also several studies that suggest that the affects of TV violence on children and teens are minimal or may be beneficial in some ways. This paper will review literature from both sides of the controversy not for the sake of defending one side over the other but for the purpose of unveiling what makes the issue so controversial by exploring some of the questions regarding who are the people that have a stance on the issue, why might someone take a strong stance, and discuss what previous researches conclude about the influence of media sex and violence on children’s behavior. Summary of Internet Information For about half a century, Congress has wrestled with the perceived negative influences of television on society, particularly its youth. The responses to this divergence in the past have ranged from banning indecent content and restricting offensive speech to condensing the rights of the broadcast industry. Television violence, the most recent and pressing issue to date for the Federal Communication Commission (FCC) is the conflict between protecting children from the potentially harmful influence of exposure to sex and violence, and the First Amendment rights of the television broadcasters. Among the rights contained in the First Amendment of the Constitution is the Freedom of Speech. This means that television networks have the right to broadcast whatever material they want including violent or sexual-related material but...
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...The Bill of Rights is the first ten amendments of the U.S. Constitution. It was written by James Madison to provide greater constitutional protection for individual liberties. The Bill of Rights lists specific restrictions on government power. The Bill of Rights was ratified on December 15th, 1791 becoming part of the Constitution. The first amendment states, “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 amendment guarantees the freedom of speech, press, and religion. The second amendment states, “A well regulated...
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...coming music artist who is about to release your first CD. One of the major things that has inspired you is the Constitution, specifically the amendments (you loved Ms. Wunderlich’s class that much!). For this assignment, you will create a CD that lists your song titles. The song titles will all reflect the chosen amendments below. (i.e. you do not need to do all 27 amendments…just the ones listed below). Also, your CD will only include the song titles, NOT the whole song. To create your CD, think of a particular type of music you want to do (country, classic rock, hip/hop, rap) and create a cover that represents that theme. Then , look at what each amendment discusses and create the title of a song that would be about that amendment. For example, a song about the first amendment might be “I say, I say, I say what I want” which reflects the idea of freedom of speech. You may not use the name of the amendment as a song title. For example, I do not want to see Track 1: Freedom of Speech, Track 2: Right to Bear Arms. When you list your song titles, the track numbers must match the number of your amendment. For example, a song about women voting needs to be track #19. *Your CD must be of high quality and well put together and colorful. CD’s that are written in pen or pencil on lined sheet of paper will not be graded. To reiterate, this is what you will turn into me: CD with 19 song titles that match their amendment numbers with a cover that reflects a genre of music...
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...Congress of the United States, There is a specific issue I would like to address, and that is the Exclusionary Rule. I am most certain that you are familiar with the Exclusionary Rule, and its meaning. The Exclusionary Rule is grounded by the Fourth Amendment, and its intentions are to protect citizens from illegal search and seizures. I am most definitely for this rule. I am a firm believer in our constitutional rights, and if it were not for the Exclusionary Rule, a lot of citizens that were charged with a crime after they were illegally searched will be found guilty, convicted, and then sentenced even though the evidence that was presented against them was gathered illegally. That is flat out a violation of their Fourth Amendment rights. If there was no Fourth Amendment, or Exclusionary Rule, a lot of people would be convicted of crimes based on the said evidence gathered was gathered illegally against them, and that would most likely give law enforcement the opportunity to gather evidence in a less morale way. I am not saying that all police officials would use these illegal tactics to gather evidence to convict a defendant, but there are some. Example: Mapp vs. Ohio May 1957. May 23, 1957 Cleveland Ohio police officials were following up on information they had about a bombing suspect was housed at Dollree Mapp house. They were also under the impression that there was also illegal gambling equipment in the house. The police attempted to try and search the...
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...peaceably to assemble, and to petition the government for a redress of grievances.” The bill of rights was submitted to the states for ratification on September 25, 1789 and adopted on December 15, 1791. The first amendment was one of those amendments within the bill of rights to be adopted by the American culture. The first amendment was made as an act to guarantee our civil liberties rights. What people don’t really know is that the 1st amendment had to undergo many changes to be really effective. In the beginning the 1st amendment wasn’t as powerful it is now. Many cases had to happen for the first amendment to be really effective. Before these cases, people still weren’t really able to express themselves freely without any repercussions. For example, people weren’t able to freely write they wanted in the paper; as in talk bad about the government. The state government was no longer able to impose censorship and restrict speech, which is guaranteed by the First amendment. In 1798, the Sedition Act violated the first amendment by making it a crime to speak or write maliciously of the president or of Congress. President John Adams justified it by defining it as “intent to defame” or to bring either “into contempt or disrepute.” This act restricted the first amendment by limiting freedom of speech and of the press. This act stifled legitimate political discussions, because people were afraid to express themselves fully. This caused the act to be criticized for this reason...
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...Bracken Ostler Business Law Paper #1 Mark Holland Freedom of Religion Freedom of religion is an essential part of the Constitution of the United States and is included in the First Amendment of the Bill of Rights. Freedom of religion involves two important components. The first is the prohibition on the “establishment of religion” by government- the separation of Church and State; and the second, ensures that the government allows for the practice of religion (Marroquin). Many important cases throughout history have also helped to further refine the limits of freedom of religion as laid out in the Constitution. This paper will discuss why freedom of religion was chosen as part of the Constitution. It will also provide the current law pertaining to this important part of the First Amendment. In the original Constitution, religion makes only one direct and obvious appearance that seems to point to a desire of religious freedom. That appearance is in Article 6, at the end of the third clause and states: “No religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” (Mount) This is a statement that is simple and straightforward and applies to all offices in the entire United States, both state and federal. The framers of the Constitution thought that they had constructed a complete and comprehensive document. Many people disagreed. One of the big disagreements from the opposition to the framers was the lack...
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...country or state under the protection of its constitution; the aggregate of those personal, civil, and political rights of the individual which are guaranteed by the constitution and secured against invasion by the government or any of its agencies. If one is entitled rights, one has the duty to support the public authority that protects its rights. The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or press; or the right of the people to peacefully assemble, and to petition the government for a redress of grievances.” These various aspects of liberty were lumped together in first amendment for the sake of convenience, considering the original clause of the first amendment was establishment of church. That is why the establishment clause of the first amendment was simply not intended to declare government hostility towards religion, it just simply kept the church separated from politics. Right to his Property, in Fourth Amendment it clearly stated “the right of people to secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.” Nobody knew more about the importance of property rights then the Farmers. The farmers placed...
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