...Can the amendments from the Bill of Rights be valued of importance? The bill of rights consists of ten amendments each guaranteeing an individual right of every United States citizen. In this essay I have picked two amendments, which I will explain, their importance and negative consequences. Continuing on the relevance of the second amendment in today’s American climate and the arguments that those are for/against about gun control. The first amendment of the Bill of Rights sets the tone for the rest of the document showing the limitations the government has towards any United States citizen. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,...
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...the senate to have the entire executive and 2/3 of the legislative power. As an anti-federalist, I believe that the constitution should not be ratified. I feel like the best way, that the U.S citizens should be protected is by being kept safe from the Government and the bill of rights will do that because of the freedom and liberty that it gives us. "The greatest importance for Freemen to retain themselves are the liberties given to us in the bill of rights", which is why it's so important that we'd add it to the constitution. In order to get the bill of rights to be in the constitution we'd need to sacrifice part of our natural rights, for the good of others around us. The anti-federalist believed that the constitution should have a bill of rights. The Anti-federalist opposed the constitution, while the federalist themselves favored it. The federalist's constitution was a bill of rights itself with reserved powers for the states. The anti-federalist had believed that the government shouldn't receive too much power, that's why it wanted to give most to the states. The federalist wanted a strong national government while the anti-federalist wanted a weaker national government, and a stronger state Government. The...
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...Freedom of Religion, Speech and the Press The first amendment is part of the United States Constitution in a short portion called the United States Bill of Rights. The Bill of Rights is one of the high laws of our land. “It guarantees that the United States government can never deprive people in the United States of certain fundamental rights,” according to aclu.org. 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,” according to nccs.net. This means that us as Americans have the right to...
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...Bill of Rights Ronald Lee Similarity Index 0% Similarity by Source Internet Sources: 0% Publications: 0% In this paper of the Bill of Rights and several amendments will be discuss, which is the First, Fourth, Fifth, Sixth, and Fourteenth. Also will discuss how the Bill of Rights evaluates different areas in security and the administration of justice. Such as challenges of law enforcement, roles of the courts, roles of the security, and recommendation. The main purpose of the Bill of Rights is to protect the freedoms and the rights of the American citizens. Also, so that every individual can worship wherever he or she feel comfortable without restrictions. If an individual born inside the country or outside the country his or her citizenship as an America and recognized as an America. American citizens protected from seizures and searches by law enforcement agencies unless there is a warrant presented. The warrant must be present before the seizure and search take place. The warrant will specify what and who will be search so that an individual privacy not invaded. The United States Constitution of the first amendment states Congress cannot make laws condensing the right for people the peacefully assemble, speech, the press, and religion (Bill of Rights). Chris Neefus wrote article that challenge the First Amendment. The title of that article was “Justice Breyer suggests that burning a Quran could be like shouting fire in a crowded theatre...
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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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...2305 (Chapters 4, 5, and 9) The Enduring Democracy Third Edition, 2013-2014, Dautrich and Yalof, Cengage Publishing. Be sure to skip a line between the question and the answer and skip another line before the next question. Chapter Four: Civil Liberties 1. What are civil liberties and when did individual rights recognized by government first appear in a legal charter? What charter? 73 - Those specific individual rights that are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government into “disrepute.” Yes 4. What...
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...Rights of Accused Craig Bishop POL 110 Strayer University Professor Eaton May 2012 Due Process Due process is a set of rules that are in place to protect people’s rights, this process insure that state and federal governments do not abuse its powers and treats all fairly. Basically due process prohibits the government from taking in-appropriate actions that would take away a person’s liberty or property, without giving proper notice of any action is taken. The right to due process is in the fifth and fourteenth amendment, this is also known as the due process clause. (LawInfo, 2010) Due Process and Its Origins Due process goes back even farther. It can be traced back to the Magna Carta in 1215; the barons of England said that the powers of the King are not unlimited. They said that his powers were limited by the essential principles of justice and fairness; it also stated that the King could not seize anyone’s property indiscriminately. (Hornberger, 2005) However, the origin of due process in the United States began when Thomas Jefferson was writing the Declaration of Independence, he wanted to make sure that the rights of the people were protected. Thomas Jefferson knew from the past that a government with too much power could over run a person at their will. So he incorporated the ideas of the Magna Carta into our Constitution. (Hornberger, 2005) Over time this “Law of the Land” became “due process of the law”, in time the...
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...child labor to the states, the Fifth Amendment allowed him to let his kids work in the mill Dates: 1918 Prior court decisions: Supreme Court attempted to regulate production of goods by banning the shipment across state lines of goods made in factories which employed children under the age of 14 Decision: 5 votes for Dagenhart, 4 vote(s) against Who brought the case to the Supreme Court and why? Roland Dagenhart of North Carolina worked at a textile mill with his two teenage sons. He believed the law was unconstitutional and sued, eventually taking his case to the Supreme Court. He made three constitutional arguments. First, he argued that the law was not a regulation of commerce. Secondly, he believed the Tenth Amendment left the power to make rules for child labor to the states. Finally, his liberty and property protected by the Fifth Amendment included the right to allow his children to work. How is the case an issue of federalism? What were the majority and minority opinions of the Supreme Court? Day spoke for the Court majority and found two grounds to invalidate the law. Production was not commerce, and thus outside the power of Congress to regulate. And the regulation of production was reserved by the Tenth Amendment to the states. Day wrote that "the powers not expressly delegated to the national government are reserved" to the states and to the people. In...
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...sentencing. Although the Eighth Amendment guarantees proportionality in noncapital criminal sentencing, federal and state courts have struggled when deciding individual cases, and the Supreme Court has failed to articulate legal rules that could promote the development of a coherent jurisprudence ( Lippman, 2007). Working within the governing law and building on the work already done by scholars who have focused on this problem. There are three principles: transparency, limited deference, and a "felt sense of justice," that could guide the process of proportionality review and contribute to defining a retributivist touchstone for proportionality judgments (Lippman, 2007). The Death Penalty. The death penalty in the United States is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving the death of the victim, only two people were on death row for a non-murder offense (Victor L. Streib, 2004). No one has been executed for such a crime since the death penalty was re-instated in 1976. In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was "grossly disproportionate" and an "excessive punishment," and hence was unconstitutional under the Eighth Amendment (Victor L. Streib, 2004). The Court looked at the relatively few states that allowed the death penalty for rape and the few death sentences that had been handed down. Death penalty...
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...responsibility on all structures or agencies of government, including state agencies. The foundation of due process is designed so that no individual person can be administered to an individualized proceeding in which the individual’s outcome is to lose one of the protected interests, according to administrative law, is life, liberty or property. Due process basically states that it protects a person's right to liberty, life, and property. During the United States history, the United States constitutions, laws and case law have provided guidelines and rules for United States citizens from federal, state and local governments. These basic guidelines and rules are called due process. When an individual or citizen is conducted or treated unfairly by the government, this applies to courts as well; this individual has been announced to have been revoked or declined due process. Due process means that the government must respect the rights of the accused. Without due process, there wouldn’t be a criminal justice system. The Bill of Rights specifies to the first 10 amendments of the U.S. Constitution. From the beginning of 1791 until now, due process has been accessible in the United States under the Fifth Amendment, in which protects persons or citizens from the federal government. The Fourteenth Amendment later was passed in 1868 to continue due process rights and protection to state and local...
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...Define due process and its origins. According to our text book; "The Due Process is protection against arbitrary deprivation of life, liberty, or property as guaranteed in the Fifth and Fourteenth Amendments." (Wilson, 2009, p. 33). The origins of the due process can be traced back to 1868 thanks to the fourteenth amendment being ratified that year. What is vital to know about the fourth teen amendment is this "No state shall deprive any person life of life, liberty, or property, without due process of law." (Wilson, 2009, p. 33). When I think of due process the first think that comes to my mind is being arrested. During my research on the topic I found some very interesting information in regards to the due process. I found information that states the term due process is much older than 1868. According to Barnabas D. Johnson "The phrase "due process of law" originated in a 1355 restatement of the 1215 Magna Carta, by which for the first time in history (at least in relation to the rights of ordinary people) "the government" — in this case, King John of England — was brought "under the law" ... that is, became subject to something called "the law of the land" which he was not empowered to alter in its fundamental character. This is the origin of the concept of "government under law" as distinct from merely "government by laws";" (Johnson, 2005) I found that information to be unique because more people like myself think of that...
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...Cadet Corps The organization that I will be using is the Bill E. Young, Jr. Middle School Cadet Corps. This organization goes in the improving American society by motivating kids from grade 6-8th that is having difficulty with academics. This program not only helps improve their academics but it also improves their ability with socializing by communicating with their classmates by starting off with the kids in the program. The Cadets learn four attributes while in the cadet corps which is Loyalty, Integrity, Duty, and Selfless- Service. The Cadet Corps makes them ready for high school and keeps them on track afterwards. These Cadets are motivated through discipline, military courtesy, and drill and ceremony. This is the only middle school to have a cadet core in the valley which has some discipline as the army by having not only a principle/teacher from the army but a friend they can relate to. The person I’m talking about is Joe Derma who to the Cadet Corps is the “Cadet Commandant”. The Cadet Corps was established in 2004 at the Bill E. Young, Jr. Middle School in Calipatira and has been going on since then. The Cadets meet at the last period of class in their school time which consists of 7 periods. There are currently 30 cadets in the program. During the year they will have extra help in learning the U.S. Constitution, Current affairs, Economics, and Physical Education. At the end of the year all 8th graders are required to pass the test for their knowledge in the U.S Constitution...
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...In Our Defense The title of this book is In Our Defense. It is written by Ellen Alderman and Caroline Kennedy. This book was copyrighted in 1991 and the First Avon Books edition was published in 1992. The genre is nonfiction, law. This book is about all of our rights as citizens of the United States of America and cases that prove as to why these rights are so important to us. There are, however, some controversies on the extent of how far these rights go. The first amendment most importantly protects freedom of speech. Dennis Mahon, a member of the KKK, was trying to exercise his freedom of speech, through airing a television program called “Race and Reason.” The Missouri Knights group chose public cable access to broadcast because they were free of any editorial control from the cable company. It was originally denied its request to air because there were regulations that the show had to be produced locally. It had to change its name to the “Klansas city Kable.” The main idea of the show was with the racial issues and exposing government bureaucracy. The studio was located in a neighborhood that consisted of 95% black people. The cable company was concerned that violence would occur and that viewers would cancel their subscriptions. Reverend Cleaver did not think that the show was an exercise as free speech; instead he saw it as a terrorist organization. According to the Supreme Court, the struggle between the fear of violence as a result of speech and the promise of the...
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...myself doesn’t mean that I am against the federation. It means that I don’t think we should have a strong central government. “…affirm that bills of rights… are not only unnecessary in the proposed Constitution but would even be dangerous.” This quote is completely one sided and is very biased. What it’s saying is that the bill of rights is something to be “scared”. It is very up front with its statement in thinking it’s not worthy enough for the Constitution. “It is in vain to oppose constitutional barriers to the impulse of self-preservation. It is worse than in vain; because it plants in the Constitution itself necessary usurpations of power, every precedent of which is a germ of unnecessary and multiplied repetitions.” This quote says that it’s pretty much pointless to oppose constitutional barriers to being selfish and only about itself. It is actually a lot worse than that because it is like saying that the Constitution is taking power or rights from you by legal force. It talks about how it’s like a germ and it spreads like the flue almost. I strongly disagree with the first quote because I believe that the Bill of Rights is very necessary and that we actually need it! I think this because it increases the protection for individual rights. Many wouldn’t have approved of the Constitution if it weren’t for the Bill of Rights to be promised! I don’t necessarily agree with the second quote as well. I believe that everyone has an opinion and should be able to express it as...
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...The government protects and restricts individual rights and that is why there are laws written in the Constitution to protect individuals. Rights are not absolute because it protects each individual person. Even though, there is freedom of expression, using your right to cause danger to others can be a major problem. Therefore, it is important for the government to restrict individual rights in order to protect the rights of others. For example, I love listening to music loudly in my car and on my porch. Even though it my right to play my music however I want, I do not have the right to disturb or annoy my neighbor. The Constitution safeguards and limits individual rights because they all work together to protect the rights of safety and security for everyone. For example if someone is charged with a crime, then the judge can decide using the laws of the Constitution to determine whether the individual rights are being violated. The first situation I chose is “The citizen denied the right to bring legally owned firearms to storm shelter”. This situation is related to the Second Amendment. I believe that citizen should not bring their firearms to shelter because this can be detrimental to the other citizen who has a right to be there as well. Some people do not like to be around firearms and it is also very stressful to have to move from your home during a disaster. This can cause people who are easily provoked to retaliate using their firearm thus seeing as self-defense...
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