...Twelve amendments to the United States Constitution were proposed by the 1789 Joint resolution of Congress (“Bill of Rights Transcript Text,”n.d.). Of these twelve proposed amendments ten were ratified on December 15, 1791 (“Bill of Rights Transcript Text,”n.d.). These ten amendments constitute the Bill of Rights. Article VI of the United States Constitution provides the right of citizens to be protected against unwarranted search and/or seizure. Amendment IV further specifies and adds to these rights which include no search of body, home or persons without probable cause and no warrant issued without probable cause supported by oath or affirmation and warrant. The amendment further demands specific information will be provided related to...
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...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 of the proposal and send it to the states for a vote and then three-fourths of the states must affirm the proposed amendment. Congress has set a term of seven years for ratification. The second way would require a constitutional convention to be called by two-thirds of the legislatures of the states. The convention can then propose as many amendments as it sees fit. Those...
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...Act of 2001 (Patriot Act). After this bill was introduced, there was a lot of critique regarding the legitimacy of the document. It was argued that the Patriot Act was in violation with the First, Fourth and Fifth Amendments of the Bill of Rights. Especially the alleged violations regarding the Fourth Amendment were heavily debated. To determine...
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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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...The fourth amendment is like America’s nap, they don’t get to have it and everyone becomes cranky. The fourth amendment is what gives America the little amount of privacy and authority that they do have. The Bill of Rights in 1789 were then added into the constitution so that the government could not have a huge amount of control. The Fourth Amendment keeps the American citizens acknowledged with why they are searched or their properties may be searched. A warrant must be shown to the citizen, rather than the cops just walking into their houses or anything else in their possessions. Warrants tell what they will be searching for specifically, but if anything, else is found it will not be permitted into court. Barack Obama is now considered an...
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...Amendment IV 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 probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. It was adopted in response to the abuse of the writ of assistance, a type of general search warrant issued by the British government and a major source of tension in pre-Revolutionary America. The Fourth Amendment was introduced in Congress in 1789 by James Madison, along with the other amendments in the Bill of Rights, in response to Anti-Federalist objections to the new Constitution. Congress submitted the amendment to the states on September 28, 1789. By December 15, 1791, the necessary three-quarters of the states had ratified it. On March 1, 1792, Secretary of State Thomas Jefferson announced the adoption of the amendment. Because the Bill of Rights did not initially apply to the states, and federal criminal investigations were less common in the first century of the nation's history, there is little significant case law for the Fourth Amendment before the 20th century. The amendment was held to...
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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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...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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...branches, divided authority between the states and the federal government and included provisions for individual freedoms. There was also a provision for amendments, the first ten of which is called the Bill of Rights (Hudson, 2010). These amendments guaranteeing and individual’s rights and freedoms and protection from tyranny were vital to the ratification of the Constitution by all the states. Amendment IV The Fourth Amendment provides, “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 probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment is designed to protect individuals from unlawful searches from law enforcement and the government without probable cause. This means that law enforcement cannot used evidence against an individual that was unconstitutionally obtained. While there are exceptions to this rule; it still does give law enforcement a free pass to perform searches and seizures they know are unconstitutional because every individual has the right to a reasonable expectation of privacy (Four Models of Fourth Amendment Protection, 2007). Amendment V The Fifth Amendment provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except...
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...The ten amendments to the Constitution, which are referred to as the Bill of Rights were the first rules that helped establish the new founding country. Moreover, these ten laws are based off the idea of a democratic society. Search and Seizure is the fourth amendment created and like the others is still in place today. Passed in September 25th,1789, this amendment as stated “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 probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”(Constitution n.d.). In other words,...
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...The tenth and fourteenth amendments were both established to limit the government and upgrade the lives of all citizens. The due process clause incorporated in the 14th amendment focuses on the rights of the citizens and the government. Its purpose was to protect economic freedoms; it was probably one of the more controversial amendments in the constitution. However, the tenth amendment confines what powers the federal government can give. The division between both amendments come on he views of federalism. The first section of the fourteenth amendment consists of the citizenship, due process, equal protection, and the immunities clauses. The fifth section of the fourteenth amendment bequeaths the authority of the Congress to legislatively...
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...The Fourth Amendment is a part of the Bill of Rights, which protects a citizen’s right to freedom and liberty. The Fourth Amendment was added to the United States Constitution on December 15, 1791. As we know the Fourth Amendment is the right of people to be secure in their persons, house, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized. “ The history surrounding the Fourth Amendment provides evidence that the protection against unreasonable searches and seizures was connected to the law prohibiting interference with another possession...
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... Professor Hugetz ENGL 1301.08 05 April 2016 NSA Surveillance - Constitutional or Unconstitutional The US Constitution came to life 230 years ago, but recent actions of the National Security Agency is interpreted to be defying the Bill of Rights by the government and depriving the citizens their constitutional right to privacy. However, when posed with the question: Do people want to live in a surveillanced environment like animals in a zoo, with justice and safety ensured but privacy denied completely ? , the answers vary in the community. The revelation of the National Security Agency's massive surveillance of American citizens has prompted a debate about the constitutionality of the agency's actions. The policies of the the National Security Agency is said to be conflicting with the basic right of privacy guaranteed to citizens in the Fourth Amendment. The "metadata" collection carried out by the National Security Agency, including all kinds of personal records and assets along with a list of phone calls and electronic messages poses a challenge to the Fourth Amendment of the Bill of Rights. Eavesdropping on people is a loaded feature of NSA: " It specializes in pretty much one thing, and that's eavesdropping on communications around the world, whether it's e-mail, cell phones, regular telephones--any kind of communications--and also in breaking codes" (Michele par. 4). The onset of the technological...
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...Bill of Rights and Amendment Paper 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 Application of the Legislatures of two thirds of the several States, shall call a Convention for...
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...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, when ratified by the Legislatures of three fourths of the several States...
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