Amendments from the Bill of ights in U.S.
amendments
1st amendment
5th amendment
8th amendment
Policy necessary for police investigators when interrogating suspect
Type of crime
Constitutional right upheld
ationale of the policy
Evaluation of the policy
Foreign policy dealing with the same issue
Subject country
Policy name in the country
Components
Evaluation of the policy
Amendments from the Bill of ights in U.S.
1st Amendment
This Amendment has prohibited the making of any law with respect of religion establishment, obstructing a free practice of religion, reducing the freedom of speech, breaching the freedom of the press, obstructing the rights to having peaceful assemblies, or keeping out appeals during government redress of grievances. The right to reason is the beginning of liberty, and speech must be confined from the government since speech is the start of though.
This Amendment affects mostly the church because the church needed to be separated from the states. The government was not to favor any religion against the other or even the non-religion.…...
mlaReferences
Graham, A. (2008). A look at the Bill of Rights: Protecting the rights of Americans. Berkeley Heights, NJ: Enslow Publishers.
Vile, J.R. (2010). A companion to the United States Constitution and its amendments. Santa Barbara, Calif: Praeger.
David M. (2008). Foundation Legislation of the Russian Federation Concerning Culture. Retrieved from: http://www.sras.org/cultural_bill_of_rights
Patterson, J. (2004). The Bill of Rights: Politics, religion, and the quest for justice. New York: iUniverse.
egardless of the theoretical interpretation of this amendment, the practical effects thus far have been quite clear -- responsibilities and rights not handled by the federal government are left up to state and local governments. One of the most important areas in which this can be seen in action is through the investigation of crime. Because the federal government does not prohibit any state or locality's rights in searching a person or their property for evidence of a crime (other than the provisions of the fourth amendment), local police have the authority granted to them by their own state and/or local governments to search -- it is a right held in reserve by the people.
This does not mean that local police (or federal agents, for that matter) have full reign in searching for evidence. Various matters of police abuse have been raised and debated over the centuries, but among…...
mlaReferences
FindLaw (2009). "U.S. Constitution: Fourteenth Amendment." http://caselaw.lp.findlaw.com/data/constitution/amendment14/
Source Watch (2006). "U.S. constitutional amendment process." http://sourcewatch.org/index.php?title=U.S._constitutional_amendment_process
Tenth Amendment Center. http://www.tenthamendmentcenter.com/tenth-amendment-talking-points/
amendments are an important part of the U.S. constitution and their effect on the legal system.
Generally, the constitutional amendment process is crucial to the United States Constitution and legal system because it allows it to grow and incorporate modern ideas and factual realities that might never have been imagined by the Framers. To date, some of the most important societal changes in the U.S. were directly attributable to specific amendments to the Constitution; many more are determined by the decisions of the Supreme Court on matters covered by the Bill of ights. At the time when the idea of the Constitution was still being debated by representatives from the individual states, there was a long series of written debates communicated in public newspapers, known today as the Federalist Papers (Zalman, 2008). They arose out of the concern of the anti-Federalists that the text of the Constitution proposed for ratification…...
mlaReferences
Schmalleger, F. (2009). Criminal Justice Today: An Introductory Text for the 21st
Century. New Jersey: Prentice Hall.
Zalman, M. (2008). Criminal Procedure: Constitution and Society. New Jersey: Prentice
Hall.
8th Amendment
Amendment 8 - Cruel and Unusual Punishment
The Eighth Amendment (Amendment VII) to the American constitution is part of the American Bill of ights which was ratified in 1789. The Amendment was to prohibit the States government from imposing cruel and unusual punishment. The Eighth Amendment was adopted in 1971 as part of the Bill of ights in the United States where the parliament declared "as their ancestors in like cases have usually done...that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (Harper, 2007)." In summary, the paper will discuss the Eighth Amendment (Amendment VII) to the American constitution as well as what and how it is controversial.
According to the Supreme Court, the Eighth Amendment prohibits some penalties and bars punishments which tend to be excessive when compared to crime or any other competence of criminals. The Eight Amendments states that…...
mlaReferences
Menez, J.F., Vile, J.R., & Bartholomew, P.C. (2004). Summaries of leading cases on the Constitution (14th ed.). London: Rowman & Littlefield Publishers.
Harper, T. (2007). The complete idiot's guide to the U.S. Constitution. London: Alpha Books.
Tanenhaus, D.S. (2008). Encyclopedia of the Supreme Court of the United States. London: Macmillan Reference USA.
Vile, J.R. (2010). A companion to the United States Constitution and its amendments (5th ed.). London: Praeger.
The narrator prefaces the anecdote regarding Liza as one of the few instances in which he ventured to leave the underground which emphasizes the magnitude of his encounter with her. Moreover, his encounter with her is so dramatic and draining, that they abruptly end his notes from the underground. The following quotation proves this fact. Of his encounter with Liza the narrator recalls "Even now, so many years later, all this is somehow a very evil memory. I have many evil memories now, but ... hadn't I better end my "Notes" here? I believe I made a mistake in writing them (Dostoevsky). The power of merely recalling the narrator's noxious treatment of Liza implies how corrupt a person he is. His corruption is largely attributed to that of society in general, of which he is just a representative. The narrator functions as a microcosm of the larger macrocosm of…...
mlaWorks Cited
Wilde, Oscar. The Picture of Dorian Gray. Mahwah: Watermill Press. 1983. Print.
Dostoyevsky, Fyodr. Notes for the Underground. www.etextvirginia.edu. 1864. Web. http://etext.virginia.edu/etcbin/toccer-new2?id=DosNote.sgm&images=images/modeng&data=/texts/english/modeng/parsed&tag=public&part=all
Amendments
The Tea Party and the 14th and 17th Amendments
At its core, the Tea Party identifies itself as a political faction intended to reduce what it perceives as the tyrannical power of the federal government over the rights of corporations, states and citizens. This is the perspective that underlies the Tea Parties aggressive posturing in recent political affairs and especially its vitriolic hostility toward President Obama. As a part of the Tea Party's agenda, the group has sough permeating reform in governmental structures so as to reduce what is views as central executive and legislative branches with far too much authority over our lives. ithin the context of this view, the Tea Party has been especially vocal where certain terms of the Bill of Rights are concerned. The arch-conservative group, recognizing the difficulty of shifting judicial perspective and precedent on Constitutional Law, has instead attempted to push quite simply for the…...
mlaWorks Cited:
Cornell University Law School. (1992). 14th Amendment. Law.cornell.edu.
Cornell University Law School. (1992). 17th Amendment. Law.cornell.edu.
Kosmonaut, D. (2010). "Birthers," Anti-Immigration and the Repeal of the 14th Amendment. Age of Nepotism.
McMorris-Santoro, E. (2010). Tea Party-Backed Repeal Of The 17th Amendment Gets Republicans Into Trouble. Talking Points Memo.
Amendment One in Florida - Impact on Transportation
On its surface, Amendment One seems to be a much-welcomed tax relief bill for vast majority of property-owning Floridians. The state's businesses likewise applauded the passage of Amendment One. However, the property tax reform measure was opposed by local governments and public safety providers, who stated that it would compromise the safety and quality of public services, including transportation. The cuts in funds would limit necessary infrastructure maintenance, upgrades, and needed surveillance to protect the public welfare. Often, because of a desire to see financial relief, and because of Florida's prohibitively high property taxes, it is difficult for the public to have a far-sighted view of the necessary funds needed to ensure that transportation is functional ("NFIB cheers passage of Amendment One," Jacksonville Business Journal, 2008).
The amendment doubled the homestead exemption to $50,000 and made the Save Our Homes provision of the constitution,…...
mlaWorks Cited
Belloise, Chris & Beth Belloise. "Amendment One." Belloise Reality.
19 Jan 2008. 13 Feb 2008. http://belloiserealty.blogspot.com/2008/01/amendment-one.html
Florida Tax Watch: Amendment One will do more harm than good."
Jacksonville Business Journal. 11 Jan 2008. 13 Feb 2008. http://www.bizjournals.com/jacksonville/stories/2008/01/07/daily28.html?ana=from_rss
seond amendment of the United States Bill of Rights, namely the right to bear arms.
Looking at how eah individual argues the points and brings out their own points-of-view as to whether the right to bear arms is being misused or is being held in hek by a misinterpretation of the legal terminology.
The Right to Bear Arms
When the Thirteen Colonies delared their independene in 1776 they broke away from one of the most powerful nations in the world at the time, with the signing and ratifiation of the Bill of Right and the Constitution they brought forward a series of legal douments that were envisioned to provide for any instane and grievane they had felt under Great Britain. Moreover, the idea of removing themselves from any ontat with Great Britain was to seure a free future from the tyranny of the Crown.
However it has to be asked did the Constitution…...
mlacited in Levinson).There can be very little to disagree with Powell about why should hand guns be allowed in society when they have caused so much death within a society.
However, Levinson also argues that it may be prudent to suggest that times have changed then the outmoded arguments are just that why not allow citizens to have weapons to protect their homes from others who have weapons illegally. Sadly within this argument there can be no ending, it is always a case of stipulating where the clarification of where gun control stops. Move the law once and it will change again and again.
In looking at the article by Robert Cottrol and Raymond Diamond "The Second Amendment: An Afro- Americanist reconsideration" we can see the argument that the debate that has been argued for decades will never end. The second Amendment is a controversial act that will never be finalised until a case illustrates the need for a change. This will probably never happen for the second amendment.
However as the debate for gun control rages so to will the debate over the amendment which has been fought and discussed not only in the courts but also in the press and the senate.
Can there be an amendment to the militia term or will it remain just so? If a change happens how it affect the community and the laws? In this the laws will be more severe, the penalties for murder and death will have to be extreme and severe, there will be more guns on the streets and probably a moving of the goal posts on what guns are carried. From hand guns to semi-automatic and finally to fully automatic weapons.
The decision went further to suggest that, "even if possession were to be allowed for other reasons, any law regulating the use of firearms would have to be "unreasonable or inappropriate" to violate the Second Amendment." (Oyez Project, 2008). Had the decision gone the other way, gun rights activists and gun owners would have likely felt as though their constitutional rights were under attack.
The District of Columbia v. Heller case illustrates the extent to which gun rights is embedded into the fabric of the United States' cultural experience. Had the decision gone the other way, the United States Supreme Court could have dealt gun ownership a deathblow. Certainly there are many examples of nations that do not allow their citizens to possess firearms, and many of these nations are developed and have low crime rates. But it is very evident that in the United States, the individual, cultural sense…...
mlaReferences
Cooper, Jeff. (2003). Jeff Cooper's Commentaries Vol. 11, No. 4, April 2003.
Jacobs, James B. (2002). Can Gun Control Work? Oxford University Press: New York.
Levin, John (1971) "The Right to Bear Arms: The Development of the American
Experience." Chicago-Kent Law Review Vol. 48. pp. 148-167. Accessed online at:
Undoubtedly this would benefit the economy, as healthcare bills related to gun accidents continue to rise with each day that passes. Why not find a means to limit the accidental tragedies that occur with use of guns, rather then spend time and energy finding a way to ban something that will always be available? All of these things can easily be accomplished whether or not the Second Amendment continues or ceases to exist. Congress and the President should focus their attention on more practical matters related to gun legislation. By doing so they will in the long run protect the citizens of this nation and the economy.
eferences
Caselaw. "U.S. Constitution: Second amendment." 2005, Thomson Findlaw. 24, April 2005:
http://caselaw.lp.findlaw.com/data/constitution/amendment02/
DeBose, B. "Bush seeks protection for gun dealers." 2004. News World
Communications Inc. 24, April, 2005: http://www.washtimes.com/national/20-8140r.htm
Dorf, Michael. C. "The real threat to second amendment values isn't the assault weapon ban: It's umsfeld's Standing…...
mlaReferences
Caselaw. "U.S. Constitution: Second amendment." 2005, Thomson Findlaw. 24, April 2005:
http://caselaw.lp.findlaw.com/data/constitution/amendment02/
DeBose, B. "Bush seeks protection for gun dealers." 2004. News World
Communications Inc. 24, April, 2005: http://www.washtimes.com/national/20-8140r.htm
Fourt Amendment
Te United States, as a society, is based upon principles of wic oter nations in today's world can only dream. Most Americans are proud to admit teir eritage, teir citizensip, teir identity. Tis "americanness" is fostered by various values tat we old, as well as by te documents tat ave literally formed our country. One suc document is te United States Constitution, amended by te Bill of Rigts.
Te amendments witin te Bill of Rigts are truly unique to ow our society as developed and ow it functions, and most people cannot even dream of living witout tese amendments. For tis reason, tis paper will examine one of tese amendments; namely te Fourt Amendment, wic focuses upon searces and seizures. Te paper will begin by describing tis amendment, and continue by examining various aspects of it, as well as providing some examples as to ow it functions in real life.
Essentially,…...
mla
First Amendment freedom of speech and press
The Constitution of the United States has been considered to be one of the most liberal fundamental laws of the democratic institutions. It represents he cornerstone of the modern governance and of the modern state. However, the Constitution as it stands today has been subject to several amendments throughout history as reactions to the challenges faced by the state in time. In this sense, one of the most important amendments of the Constitution of the United States is the First Amendment, which ensures the freedom of expression, of the press, of the social groups, and of exercise of religion. The current research focuses on the First Amendment, its content and a practical applicability in the society.
Despite the fact that there have been numerous situations in which the First Amendment was applied and respected successfully, there have been even more situations in which the…...
mlaReferences
Cornell University Law School. "First Amendment." Legal Information Institute. 2013. Available online at http://www.law.cornell.edu/constitution/first_amendment
FindLaw. "Martin v. Struthers, 319 U.S. 141 (1943)" Supreme Court case studies. 2013. Available online at http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=U.S.&vol=319&page=141
Kent College of Law. "Martin v. Struthers." The Oyez Project at IIT Chicago. 09 November 2013. Available online at http://www.oyez.org/cases/1940-1949/1942/1942_238
14th, 15th, and 19th Amendments of the United States Constitution took quite a long time to be fully realized for a number of reasons. The principle one, of course, is that the U.S. was designed to operate as a patriarchal, Anglo-Saxon-based society to benefit its principle citizens, white males. A cursory review of the recent court decision in which a Hispanic white male shot and killed an unarmed African-American teenager in Florida (and was acquitted earlier this month) indicates that this perception and basic function of U.S. society has not substantially changed. The 14th, 15th, and 19th Amendments were created to extend the rights enjoyed by Anglo-Saxon males to others of historic minority groups such as African-Americans and women. As such, there was a great deal of resistance enacted upon the majority of the country that did not want to see the shift of the focus of citizenship go…...
mlaWorks Cited
Current, Richard. "Love, Hate and Thaddeus Stevens." Pennsylvania History. 14 (4): 259-272. 1947. Print.
Harper, Ida Husted. "Susan B. Anthony: The Woman and her Work." The North American Review. 182 (593) [HIDDEN] Print. 1906.
Miller, Kim. "The history of the 19th Amendment." www.Helium.com. 2011. Print. http://www.helium.com/items/2093289-the-history-of-the-19th-amendment
Johnson, Andrew. "President Johnson's Veto of the Civil Rights Act, 1866." www.prenhall.com. 1866. Web. http://wps.prenhall.com/wps/media/objects/107/109768/ch16_a2_d1.pdf
Second Amendment Should be Sacrosanct
What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms." Or. "A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind." These statements by President Thomas Jefferson establish the thesis of this essay. (Jefferson, 2003) This essay will argue that the "Right to ear Arms" as assured by the Second Amendment of the Constitution should be held sacrosanct.
There are no more divisive newsworthy topics in the United States than those of private ownership of guns. The argument for gun ownership was echoed by the then president of the National Rifle Association and Academy Award winning actor, Charlton Heston, "Guns do not kill People;…...
mlaBibliography
CNN. Columbine High School Incident. 1999. Cnn.com. Available:
July 16, 2004.http://www4.cnn.com/SPECIALS/2000/columbine.cd/frameset.exclude.html.
Constitution. Baron V. Baltimore. 2003. Constitution.org. Available:
July 16, 2004.http://www.constitution.org/ussc/032-243a.htm .
Gun Control 2nd Amendment
The Second Amendment of the U.S. Constitution reads, "A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed." It is argued, rightfully that despite constitutional purists the intent of the wording was to allow Militias, which served as proxies to well regulated police and other defense organizations in communities. This ideology allowed for individuals to, "keep and bear arms" as a result of their need to protect the greater good of the community they lived in as well as their own family if it was needed. Guns in today's society, though not the cause of harm, are far too easily obtained and are not understood well enough by many people who own them. Few people who own guns have the knowledge and ability to properly use them, to defend themselves…...
mlaWorks Cited
Harvard School of Public Health: Harvard Injury Control Research Center "Gun Threats and Self-Defense Gun Use." 2010, Web. http://www.hsph.harvard.edu/research/hicrc/firearms-research/gun-threats-and-self-defense-gun-use/index.html
McNab, Chris. Deadly force: firearms and American law enforcement: from the Wild West to the Streets of Today. Oxford, UK: Osprey Publishing 2009.
Miller, Michael Craig. "Handguns and health." Harvard Mental Health Letter June 2008: 8. MasterFILE Premier. EBSCO. Web. 24 Nov. 2010.
Pollick, Frederick, The Genius of the Common Law, Charleston, SC: Bibliobazaar, 2008.
The application does not have to be difficult. It should be used for you to state the issues, and then state the rules and facts that are related to those issues. Then you can explain how the facts do (or don't) meet the requirements of the rules. Next, state whether the court would find a defendant guilty or not based on the rules and the strength of the facts. The main thing to remember is not to leave loose ends. Make sure you address each one of the facts and the elements of the rule. It can help to make....
Constitutional law is one of the two most important types of law for anyone in the legal field to understand. The United States legal system is derived from a combination of a common law tradition and constitutional law. The common law tradition helps people understand the legal norms that are not expressly outlined in the Constitution or by legislation, while the Constitution places limits and guidelines on the rights and duties that can be governed by the law. This is true with administrative law, which specifically addresses the laws related to various government agencies. This is especially....
Genre theory refers to the use of familiar themes and ideas as a way of signaling to the audience what to expect from a work of fiction. Genre theory can be used in various types of fiction and is often discussed when talking about both literature and movies. Genre theory can provide a good springboard for analysis of a particular work, because works can exemplify genres, deviate from genres, or even flip genres completely upside down. As fictional works have developed, genres have become more specific. Genres were initially very broad, both....
To provide an answer to this question, it is really important to know which government is the subject of your question. In some countries, the government is absolutely prohibited from imposing the types of regulations on speech that answering yes to the question would require. These types of absolute prohibitions, such as the First Amendment to the United States Constitution, significantly impact whether a government could regulate social media, even if regulating social media would help prevent the spread of fake news and misinformation. Therefore, any discussion of whether they should regulate this type of speech has....
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