...Do big government and big business diminish the freedom of the individual? Amendment 1 “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.” The Bill of Rights states the most fundamental rights of a citizen in the United States. The First Amendment, however, is the most basic, so simple and obvious, it’s a wonder it has to be stated in the first place. It’s essentially granting freedom of speech (excluding slander and libel), press, religion, assembly, and petition. I think that the Constitution, more specifically the Bill of Rights, more than adequately protects individuals’ rights. Even if they hadn’t stated all human rights, they put in place the Tenth Amendment, whose duty was to protect freedoms that were not listed specifically in the Bills of Rights, and it is a mistake to believe that the size or extent of government has anything to do with how harsh it is. The size and extent of government activity, by itself, tells us nothing about how free or dismal a society is. The necessary trade-off between government size and citizen’s freedom doesn’t matter, and the reason is because many of the most common activities of the modern government are not naturally forceful or brutal...
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...has as a purpose a system of government that would prevent one individual from having complete power. However, some states were in opposition with the constitution because it did not contain protection rights against a government. In 1791, 10 amendments were known as the bill of rights. This document was added to the constitution to ensure the individual rights of Americans citizens and protect them against any government. Now days there are four amendments on with most prisoners are such as; first amendment, fourth amendment, eight amendment and fourteenth amendment. The first amendment brings a general protection for the free speech, establishing of religion and the free exercising of any religion, press, the right of the people peaceable to assemble and to petition the government for a redress of grievance. The first amendment provide equality freedom for all the citizens of the United States, but In the history of prisons of this nation the inmates claims an innumerate irruptions of the first amendment such as; the freedom of speech and expression like the visits of friends and loved ones, those visits are a form of expression. However, the prison visits are not a complete right because it has a lot of limitations. Other example of expression is correspondence but not all the mails are sending it to the inmates for different reasons. Is logical when the first amendment talk about free speech but the amendment does not protect the offensive and fitting worlds, at the same...
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...people, tired of oppression from the British government declared themselves free and then fought to retain that freedom. And, when it came time to construct a government, the principles of freedom and liberty remained essential. But, building anything, especially something as complicated as a government, requires a delicate balance. In the case of the American government, the opposing principles of governmental power and the power of the people had to peacefully coexist without one becoming more powerful than the other one. When constructing the new nation, the Founders’ primary focus was limiting the power of the government. Clear...
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...Walker HIS/301 Professor Lopez-Schermer June 10, 2013 Our four fathers as a way of check and balances created the Constitution. They believed that a strong federal government was needed for the country to survive. The constitution is the base for all laws in the United States. It’s the highest law in the United States. The constitution can be changed, when it’s changed it’s called and amendment. Among the amendments are the bill of rights and the reconstruction amendments. In this paper I will discuss how and why amendments become part of the constitution, what were some problems with the original document that motivated the adoption of the bill of rights, the effects of the bill of rights and the reconstruction amendments and their effects. How and why do amendments become part of the constitution? When the constitution was written, the Framers knew that the constitution would and could be amended. Article V of the constitution tells how an amendment can become a part of the constitution. It takes two steps to add an amendment to the constitution. The first step is the proposal. An amendment can be proposed by either two-thirds vote in congress, which includes both the House of Representatives and the Senate. The second step is ratification; the amendment has to be ratified by wither three-fourths of the state legislatures or by state conventions in three-fourths of the states. An amendment can only be ratified after two-thirds of the House and Senate approve...
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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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...Running Head: THE MAINLEVELS OF THE U.S. FEDERAL GOVERNMENT The Main Levels of the U.S. Federal Government Lynn Todd Colorado Technical University Online PBAD200-0904A-13 American Government Professor Jamie Boyd October 12, 2009 The U.S. Government is composed up of three key branches, the Executive Branch, the Legislative Branch, and the Judicial Branch. Each branch has its own powers, functions, checks, and balances. First, we will look at the history of the Constitution. During the 1600’s many Europeans left Britain in search of economic, political, and intellectual freedoms. However, they remained under the power of Britain, which functioned under a unitary system of government with one national power that permitted it to take action against any individual. During the Revolutionary war, the states battled with Britain, and won their freedom from the unitary system of government of Britain (CTU online, 2008, phase 1 multimedia presentation)....
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...James Kent | December 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...
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...However, in the United State, many remembered all too well the fear brought about by Germany in WWI. In 1917, President Woodrow Wilson had called for “peace without victory”, where he outlined his vision for a world order including freedom of the seas, restrictions on armaments, and self-determination for nations great and small (Foner). The Freedom of Fear was also felt on a personal level by many European immigrants, Asians, and blacks. “Americanization” became popular in the early 1900s, in the desire to assimilate them into the American culture. Ford Motor Company inspected immigrant workers’ homes to evaluate their lives and forced them enroll them in English courses. Those who resisted were fired. By 1919, most schools had banned the teaching of any foreign languages. In the South, much of the pre-Civil war mentality prevailed, and blacks lived in fear of beatings and lynching. The Fear of Want was more ambiguous in its definition, (Foner) and perhaps the most controversial in terms of interpretation. Roosevelt’s original meaning was “the elimination of barriers to international trade” (Foner). However, Americans linked the ideal more to their individual economic freedom. With the grim days of the Great Depression still fresh in their memories, most Americans wanted a guarantee of a reasonable standard of living—employment, a fair wage, and...
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...1. Marbury v. Madison This case allowed the Supreme Court to now decide whether the laws were constitutional or not. It set a more specific path for Congress, the Supreme Court, and the President. Therefore by checking and directing their powers, it created a better balance for all three branches of government. Okay, Marshall at first said that the Judiciary Act was unconstitutional since the power for Congress to pass that act was NOT stated in the Constitution, BUT Marshall agreed that the Supreme Court does have the power to decide the constitutionality of a law even if it is not stated in the Constitution. YES, because by having a higher power decide the decision, it directly puts all the branches of government in its place. With a clear set of rules...
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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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...Privacy Rights December 14, 2012 There is a believed right, not stated in the constitution that is cherished by Americans as much as their freedom of speech or their right to bear arms. It is privacy. A belief that no one may come and search your home without cause, or that personal information about you and your family will be protected and not shown to others. Yet, as much as we enjoy these rights, they are slowly slipping away as laws are passed to fight terrorism. Privacy was never guaranteed in the constitution. The closest thing to protecting our privacy was the 4th amendment. The amendment protected people from unwarranted search and seizure, but only from the government, not from individuals. Federal privacy laws have only dealt with the actions of the federal government and its agencies. The burden of personal privacy laws have fallen to the states. After the attacks of 9/11, the federal government took unprecedented steps to prevent more attacks. One of these steps taken was wiretapping U.S. citizens. Attorney General Alberto Gonzalez (2006) claimed “We cannot defend the nation without such information”. However, The Foreign Intelligence Surveillance Act (FISA) of 1978 was passed because of the governments wiretapping of dissidents in the 60’s and early 70’s. The act setup a panel of judges to review requests for domestic surveillance, in cases of national security, these requests could be “fast tracked” to be authorized quickly. It also allowed government...
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...Constitutional Rights: Another Angle of Freedom of Speech Maria Ibanez PAD 525 Constitutional and Administrative Law Dr. Glenn L. Starks May 25, 2014 Abstract Traditionally, freedom of speech has been perceived as a fundamental right guaranteed under our federal constitution to express whatever we please, whenever we please and wherever we please. Nevertheless, we must be aware that some speech may be subjected to restrictions and that not all speech is protected. Moreover, the language of the first amendment specifically mentions the prohibition of state laws against abridging freedom of speech. Similarly, the U.S. Supreme Court has held that the government may limit and regulate its content when duly necessary. Constitutional Rights: Another Angle at Freedom of Speech Although the Supreme Court has historically dedicated efforts into chartering the boundaries of freedom of speech, the ones evolving from the First Amendment, its representational approach is still defective (Blocher, 2014). The free exchange of ideas does not seem to completely pass the test of common sense and keeps opening room for personal misinterpretation and misunderstanding over the privileges and limitations of private speech. First Amendment Special Protections The First Amendment special protections were designed to safeguard freedom of speech from state action, and do not concern itself with private expression. In the case of Korb v. Raytheon, the defendant proposed that a federal question should...
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...were made based on majority rule. The National Congress’ powers over the states were specific and definite: it had the sole power to negotiate treaties, declare war, and make peace. It also reserved the right to maintain an army and navy and regulated interaction with Native Americans in the West. The delegates also granted Congress the power to resolve interstate disputes, grant loans, print money, and operate a national postal system. Eventually, Congress was also authorized to govern western territories until they achieved statehood. All powers not granted to Congress were reserved for state governments. Congress had no power to levy taxes. For example, it could only request that the individual states raise revenue to cover their share of national expenses. Furthermore, any amendments made to the Articles required an animus agreement from the states. The Articles made the National Congress weak on purpose. Having just won independence from Great Britain, many Americans feared that creating a strong federal government with too much authority over the states would only replace King George III with another tyrant. Instead, they envisioned Congress to be a supervisory body that would tie the...
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...Chapter 5 The U.S. Constitution sets the framework for the U.S. government, establishing a system of government that divides power between the federal government and the states It establishes a system of government based on the principle of federalism, where power is divided between a central authority and constituent political units The 10th Amendment to the Constitution states that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states Federal legislation that affects business must be based on an expressed unconditional grant of authority The Constitution also allocates power of the federal government among three branches of government First three articles of the Constitution establish the legislative, executive, and judicial branches; they’re independent branches of the federal government Constitution ensures that each branch maintains a separate sphere of power to prevent any one of them from obtaining undue power and monopolizing government control Constitution also establishes a system of checks and balances Each branch’s powers keep the other branches from dominating the government Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, but early common law established a process called judicial law Judicial law is the power of a court to review legislative and executive actions, such as a law or...
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...thirteen states, fueling a fierce battle between two new groups of people: o Federalists- Supporters of the U.S. Constitution at the time the states contemplating its adoption. o Anti-federalists- Opponents of the American Constitution at the time when the states were contemplating its adoption. • In an attempt to help bring compromise, the federalist came together and wrote up a good argument of why this replacement was necessary: o Federalist Papers- A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution in detail. • The reason the Anti-Federalist were being so stubborn at this time is because they feared a new stronger government would take away the freedom they just risked their lives for against Britain. • There were also many arguments that were made against this new...
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