...Reflections on the First Amendment Shellene Lewis History/301 July 03, 2013 Brona Pinnolis Reflections on the First Amendment In Baton Rouge, Louisiana 1965 twenty three black college students were arrested in an attempt to integrate a local eatery. To express their outrage Rev. B. Elton Cox led 2,000 black college students on a march to protest the incarceration of the students. Rev. Cox was a later arrested and convicted for breaching the peace, obstructing a public passageway and picketing the court house. To what extent does the Constitution protect the right of privacy? “The U. S. Constitution contains no express right to privacy. The Bill of Rights, however, reflects the concern of James Madison and other framers for protecting specific aspects of privacy, such as the privacy of beliefs (1st Amendment), privacy of the home against demands that it be used to house soldiers (3rd Amendment), privacy of the person and possessions as against unreasonable searches (4th Amendment), and the 5th Amendment's privilege against self-incrimination, which provides protection for the privacy of personal information. In addition, the Ninth Amendment states that the "enumeration of certain rights" in the Bill of Rights "shall not be construed to deny or disparage other rights retained by the people." The meaning of the Ninth Amendment is elusive, but some persons have interpreted the Ninth Amendment as justification for broadly reading the Bill...
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...The first example of this is that while Transcendentalists focus on individualism, the Constitution focus on the majority and not giving too much power to one person. This idea of limiting the power given to one individual can be seen in the different checks and balances that were created to prevent someone from becoming a tyrant (Constitution). Although this is not explicitly anti-transcendentalist, it would contradict the idea that people are inclined to do the right thing and are only made bad by surroundings (Brodrick). The other way the Constitution does not necessarily agree with Transcendentalism is how it creates a republic where leaders are elected to make decision for the people. This idea of having representatives who are elected to make good and rations decision for the people permeates the Constitution. This idea was formed so that decisions would be made by the most qualified individuals, who would make the decision based on facts and principles rather than emotion (Constitution). This runs contrary to the idea of the Transcendentalists about decision making. The Transcendentalists placed more emphasis on the abstract of ideas and emotions when making decisions (Brodrick). Theses two ideas within the constitution, although not blatantly anti-transcendentalist, do serve as a...
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...Weekly Reflection Learning Team D: Stephanie Woodlee, Stephanie Folkman, Suanne Amani, Francis Valentino III, and Samantha Jones Law 421 September 24, 2012 Karen Hutchins J.D. From a business perspective it is important to understand distinctions between procedural, substantive, criminal, civil, statutory and case laws. In this paper Learning Team D reviews the differences between the aforementioned types of laws, will provide an example of each, and will provide an example of a constitutional amendment designed to protect businesses and organizations. Each team member will also provide their thoughts on the course topics learned thus far and how those topics relate to each member’s respective business field. Procedural and Substantive Law Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law, while during the proceedings. These rules ensure fair and consistency in the “due process”. Substantive law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. (Diffen, 2012) Substantive law is an independent set of laws that decide the fate of a case. It can actually decide the fate of the under-trial, whether...
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...Rights and Freedoms The Bill of Right are the first Ten Amendments that were given to us by our founding fathers under the United States Constitution, which included: freedom of speech, freedom to practice any religion, the right to have weapons, the right of trial with a lawyer, and many more. These rights were opposed due to the fact that the Americans did not want to be controlled by England king any more. They wanted a country that would not be controlled by the country like many other countries around the world they wanted to be different and have the freedom to develop their own right and regulations. The Bill of Rights was written to provide all the people equal rights and freedoms to do as they please, yet they must obey the laws given to them in the United States Constitution, and “the peoples constitutional rights cannot lawfully be denied by government officials” (Patterson, 2011, p. 43). The freedom that was guaranteed to me in the first amendment that is relevant to my personal self is freedom of religion. As states by Thomas E. Patterson, Freedom of “religion: you are protected from having the religious beliefs of others imposed on you, and you are free to believe what you like” (Patterson, 2011, table 4-1). I personally can relate to this specific freedom, since I came of a country that has been in conflicts about who the land of Palestine (Israel) belongs to and which religion should take over. The way I see is that in Palestine (Israel) the Jewish people and...
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...Running Head: THE FIRST AMENDMENT [pic] Reflections on the First Amendment NAME University of Phoenix Online United States Constitution – HIS301 Reflections on the First Amendment Judged by the sheer number of cases brought to the Supreme Court for debate, the First Amendment can be considered one of the most controversial amendments in the Bill of Rights. The First Amendment was written to address three fundamental liberties all citizens have: religion, speech and peaceful assembly. On closer inspection, there are six very different ideals melded together into one defining statement. When the U.S. Constitution was signed on Sept. 17, 1787, it did not contain important freedoms that are now outlined in the Bill of Rights, because many of the Framers viewed some of the freedoms as unnecessary. However, after vigorous debate, the Bill of Rights was adopted. The first freedoms guaranteed in this historic document were expressed in 45 words written by James Madison that we have come to know as the First Amendment. 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 of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Freedom of expression, artistic or otherwise in the United States is governed by the First Amendment to the U.S. Constitution...
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...us guidelines for focusing on the actual argument, getting rid of extraneous material, and standardizing the presentation. This helps us see how the argument measures up against recognized standards as well as how it measures up against other standardized arguments” (Mosser, K., 2011.) Argument: Should prayer be allowed in school? For prayer in schools – * “As the First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." To prohibit school prayer is to prohibit the free exercise of one's religion. Thus, not only is eliminating prayer from public schools wrong, it is also unconstitutional. Moral and legal reasons demonstrate that prayer in public school should, therefore, be allowed” (Mosser, K.,2010). * There has never been any report that allowing prayer in school is physically or spiritually harmful to a child in any way. * Prayer teaches reflection and patience. * Therefore, it is our constitutional right to pray in schools and with prayer not being harmful it can actually teach a child reflection and patience which can help control behavior issues. Against prayer in schools – * People can tend to feel that with prayer religion is pushed upon them against their own beliefs and goes against their constitutional right. * There are too many different religions to have a specific religion class. * There are people who do not believe in a God at all. * Therefore...
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...Prohibition: the Eighteenth Amendment The PBS documentary Prohibition (2011) by Ken Burns is a thorough look at the 18th amendment including the history behind the amendment and the problems encountered while attempting to enforce the amendment. It also offers some insight as to the reasons that the amendment was so unsuccessful at stopping alcohol consumption and explains the path to its eventual repeal. Today it’s difficult to imagine the circumstances that would have brought about prohibition into existence. However, Burns does a great job about laying down the contexts under which prohibition was allowed to come into fruition in the U.S. As we have learned in class laws are a reflection of societies and the people that inhabit the societies....
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...Bill of Rights and Amendments Tahitia G. Brown HIS/301 May 17, 2012 Abeba Salter-Woods Bill of Rights and Amendments The original United States Constitution was ratified in 1787. However the current document by which all laws are governed was confirmed and made into law on September 17th of 1789. This document enabled the people some control over government, which was created not only for them by also by the said people. The Founding Fathers wrote the Constitution in a manner, that the text could evolve and mature just as the persons for which it was written. This paper will detail how and why amendments become a part of the constitution, problems which have arisen due to the original document motivating the adoption of the Bill of Rights and their effects. Further listing other issues arising, due to changes in society which have led to amendments thirteen, fourteen, and fifteen, and their affects (University of Phoenix, 2010). Amendments In Article V of the Constitution an amendment process was adopted to ensure that as changes in society occur, so should the document by which all inalienable rights and freedoms are explained in depth. The aforementioned article stipulates the ways in which the Constitution may be amended. The first is by a two-thirds vote from both the House and Representatives and the Senate and 38 of the 50 states must ratify the proposed amendment, which has been the only manner in which all...
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...The character traits of the first brother are aggressive, prideful, and competitive. These traits could be seen as a negative reflection of the president, because The character trait of the second brother is arrogance and this could be seen as a negative reflection of the judicial branch, because they are interpreting the Constitution based on their own pinions. This could be seen as arrogant, because the judges don’t know for sure how the founding fathers wanted the Constitution to be interpreted. For example, the discussion of how the Second Amendment should be interpreted. The character traits of the third brother are humble, wise, cautious, and that he wanted his son to inherit the Cloak of Invisibility. These traits could be seen as a...
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...Chapter 10: Analytical Reflection The “glass ceiling” is a barrier that enables women to glimpse the upper management position but not attain them – is still very much a reality; and, according to many researchers on this subject, it is likely to remain so until well into the twenty-first century. Most research on the topic demonstrates that the glass ceiling bars women from the top not because they lack the technical skills to make it to the top, but because of their gender. Women are denied positions largely as a result of male traditions, prejudices, stereotypes, and preconceptions of women. If women made it through the glass ceiling, many consequences of inequality would disappear. If the structural functionalists are correct, women will gradually win promotions and pay increases that will move them onto the upper echelons of the bureaucratic work world and that will win them equality with men. According to the U.S. Department of Labor and Statics in its 2006 report, “At all levels of education women have fared better than men with respect to earnings.” Upper-class women may use a college education as a stepping-stone into the primary labor market. Their educational credentials and family background will help them get good positions. Working-class women, without family connections and educational opportunity, are likely to remain in the secondary labor market and fall further behind. A few new words that I learned this chapter are comparable worth, Equal...
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...Professor Refi Raza JP Morgan Amends Interim Financial Statements The company chosen for review, based on their amendment to a Financial Statement, was JP Morgan Chase (JPM). After considerable review, JPM announced on 13 July 2012 they would amend their first quarter 2012 interim Financial Statements. When JPM first published their interim Financial Statements for the first quarter the method they used for valuation was within the allowable limits. However, they discovered that the integrity in which the traders within Chief Investment Office (CIO) marked the positions of synthetic credit portfolios was questionable. It appears that the valuations may not indicate an accurate reflection of the total losses within their portfolios. Given that the total losses may not be reflected correctly, JPM decided to amend their interim Financial Statements for the first quarter. While the article did not explicitly state which accounting principle was used to arrive at their decision, this writer, using their accounting knowledge, surmises the Full Disclosure Principle was the reason JPM decided to amend their interim Financial Statements for the first quarter. JPM could have left their first quarter Financial Statements alone since it did not affect their total earnings or revenues for that portion of the year. Since JPM’s total earnings and revenues for the first quarter were not changed, they could have chosen to wait until the end of the year to see if the valuation would...
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...Recent statistics show schools that promote school uniforms are high in attendance but are lacking in academic excellence. History also shows that in cases involving dress code violations and freedom of expression have ruled in favor of the students. School uniforms create an added cost for families and the impact varies among socioeconomic groups. Although some people believe that wearing school uniforms can be a greener alterative and makes better students there is no proof that it provides a safer, more studious environment. Schools say uniforms promote a more studious environment. Research strongly states that school uniforms promote no self-expression or justifiable increase in grades. With schools that do not require uniforms to be worn a decrease in attendance but a higher grade point average is apparent among its students. The qualities of the school and academics offered should promote the environment not the clothes the school requires the students to wear. School officials say that promoting school uniforms can create less conflict among students because all the students are wearing the same clothes. But recent studies show that conflict or bullying among students is still present with schools that promote school uniforms. In the article, "Dress Codes: The Pros And Cons,” the author explains that even if every student wears the same thing bullying is still going to be present because changing what they wear by making them wear identical uniforms will not break this...
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...4-MAT Book Review “Church and State In America” Okechukwu C. Nwaneri CHPL 600 9/17/13 Abstract The free expression of religion has been an ongoing struggle since way back when and through the establishment of the First Amendment; a solution to the madness was created. Before the implementation of this amendment; societies’ involvement in trying to influence the U.S.’s practices of religion has become an ongoing controversy within the history books. Based on the first amendment, Hutson’s Church and State in America tells us that “The amendment simply states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This amendment prevented the federal government from establishing a national religion and allowed people to freely exercise their religious beliefs and practices. The amendment appeared straightforward, but in practice it was ambiguous and increasingly controversial.” Hutson emphasized in the earlier parts of the text how although there were several belief systems that existed during the 17th century like the Anglicans, Puritans and Catholics; there was a solution needed for the state to intervene and establish a central church for everyone to follow by force. As a result of Constantine’s efforts, the doctrine of exclusive salvation was established which stated that “uniformity of faith – for if all were to be saved, all must believe the same truth – and persecution of dissent. “The case for theological persecution...
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...public schools was contrary to the beliefs, religions, or religious practices of both themselves and their children” (Engel v. Vitale (1962). They claimed that the state law requiring a school recite a prayer was a violation of the First Amendment of the Federal Constitution and the Fourteenth Amendment. They went on to state that the state law of requiring or using the Regent’s prayer must be taken down due to a violation of the Establishment Clause (Engel v. Vitale (1962). Decision Rendered: The courts found that, “Government-directed prayer in public schools violates the Establishment Clause of the First Amendment, even if the prayer is denominationally neutral and students may remain silent or be excused from the classroom during its recitation” (Engel v. Vitale, 1962). Rationale and Implications: This ruling started the subsequent decisions in the following cases: Wallace v. Jaffree (1985), Lee v. Weisman (1992), Santa Fe ISD v. Doe (2000), all of which limited different forms of prayer in schools and who is able to lead prayer in public schools. Haberman (2008) stated, “The ruling angered countless conservative Christians, and precipitated the eventual rise of a new potent political block known as the Christian Right.” Personal Reflection: This case was the beginning of “taking God out of schools.” Christian educators must walk the fine line when dealing with religion in schools. Christians are called to disciples others. Educators are given the task of growing...
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...fate that since the adoption of the Constitution, it has undergone so many amendments that it hardly has its original spirit, the spirit which motivated the Drafters to draft the First Constitution of Bangladesh after its glorious birth through a long liberation struggle. An unenviable feature of the 'constitutional development' of Bangladesh is that it had to withstand two extra-constitutional, i.e., Martial Law, regimes. Later on the Fifth and the Seventh Amendments to the Constitution validated the Martial Law regimes, which raise a series of questions concerning their legality, both substantive and procedural. Can Parliament validate anything, which is otherwise invalid from its very beginning? Can a Martial Law Proclamation amend any provision of the Constitution and can the Parliament give legal coverage to that amendment? Can Parliament amend any provision of the Constitution which is considered as a basic structure of the Constitution? All these questions have been in the discussion for long 30 years. In 2000 through a writ petition1 the validity of the first Martial Law Regime was challenged, so was challenged the authority of the Martial Law Administrator and lastly in September, 2005 by a division bench of the High Court Division of Supreme Court, the Court in its historic judgment declared the Fifth Amendment illegal and unconstitutional. Apart from declaring the 5th Amendment...
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