America is one of the many countries in the world where capital punishment is still practiced. This is of course quite ironic as Bill of ights was largely designed to safeguard human rights but taking somebody's life forcefully is no way serving human rights and in order to maintain human dignity there is need to revoke the capital punishment altogether and this must be assured in the constitution just as done by all the countries of European Union. For this very purpose the amendment eighth could be made complete by stating that no cruel and unusual punishment including death sentence for the guilty.
Amendment IX: [1]
The assigning of numbers to rights in constitution does not any way suggest the undermining or denying of other rights held by the people.
Amendment X: [1] if the constitution does not give a certain right to the government and also does not forbid a state…...
mlaReference:
Timothy M. Helmus, Val E. Arnsdorf, Edgar a. Toppin, Norman J.G. Pounds. (1984)
The World and Its People, the United States and Its Neighbors. (p.p 120-123)
Silver Burdett Company 17-205 00, ISBN 0-382-02833-3
The thirteenth amendment was a very important one, as it formally ended slavery in the United States. (House, 2012) the Emancipation Proclamation was only based on President Lincoln's war powers during the Civil ar, and therefore the thirteenth Amendment was passed to solidify the end of slavery. (History, 2012) the fourteenth amendment guaranteed all Americans the right to representation and protection under the law, as well as prohibiting state and local governments from having any unfavorable action against any citizen regardless of race. The fifteenth amendment guaranteed the right to vote to any eligible man, regardless of race, color, or previous condition of servitude.
The process for amending the Constitution is incredibly difficult. It requires a two-thirds supermajority vote in both the House of Representatives, and the Senate. A vote passed like this does not require the signature of the President, and is passed directly to the States. To ratify…...
mlaWorks Cited
The Constitution of the United States of America. (2012). Retrieved from: http://www.house.gov/house/Constitution/Amend.html .
The Emancipation Proclamation. (2012). Retrieved from: http://www.history.com/topics/emancipation-proclamation .
Bill of ights and Today's Criminal Justice System
The administration of justice and security in America is based upon Constitutional powers, originally drafted in the Bill of ights. While the Constitution has been amended several times since its inception, its laws still stand and have been defined by courts in landmark cases that have decided how particular amendments may be interpreted. In the light of these cases and the Constitution itself, federal, state and local law enforcement agencies face various challenges in the pursuit of their objectives. This paper will analyze five amendments to the U.S. Constitution, show the relationship between these amendments and the administration of justice and security, and compare and evaluate the various areas of the criminal justice system and security.
Analysis
Briefly stated, the First Amendment forbids Congress from restricting Americans the right to establish and exercise their religion of choice, to exercise their free speech or the press,…...
mlaReference List
Dempsey, J.S. (2011). Introduction to Private Security. Wadsworth.
Dempsey, J.X. (2000). Overview of Current Criminal Justice Information Systems.
Washington, DC: Center for Democracy and Technology.
Dethlefs, D. (2003). Information Sharing and Interoperability in Law Enforcement.
These amendments are strings of thoughts and beliefs made possible through enactment, and a new period in history is chronicled once again.
Take as an example the First Amendment to the Constitution. This amendment directly concerns the Bill of Rights, which 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." This amendment justifies what the Constitution, specifically the Bill of Rights, is for: by realizing the rights that we have, we learn to value them, and assume great care and responsibility in ensuring that these rights are not curtailed.
Basically, the Bill of Rights gives value and importance to human society in general. The recognition of an individual's rights is actually a celebration…...
Right to Privacy
The Bill of Rights vs. The Constitution and the Right to Privacy in the United States
There are few documents in the world that are as unique and as important as the United States Constitution. This particular document is a fantastic compilation of laws that have survived decades, and centuries, with few additions. The U.S. Constitution, for this reason, is the supreme law of the land, and all must abide by it. However, the U.S. Constitution is not complete. That is, it is incomplete without amendments. The reason that the U.S. constitution is so strong and so all encompassing is because of the amendments to the constitution, which provide important rights, such as the right to free speech, the freedom of religion and the right to privacy. This paper will discuss how the right to privacy is regarded both by the Constitution and the Bill of Rights, and will…...
mla"Right to Privacy Law & Legal Definition." Legal Definitions Legal Terms Dictionary. Web. 06 Nov. 2011. .
"The Right of Privacy: Is It Protected by the Constitution?" UMKC School of Law. Web. 07 Nov. 2011. .
"The Right of Privacy: Is It Protected by the Constitution?" UMKC School of Law. Web. 07 Nov. 2011. .
bill of rights in Australia.
Australia must implement the bill of rights since the existing system is ill-equipped to meet the needs and demands of a modern democratic society
The constitution of a country dictates the manner in which the executive powers operate within the legal framework of that country. It provides a guideline for effective governance and also lays down the framework on which successive governments base their policies and decisions. It is therefore very important that the constitution serve as a reference point for drafting new rules and regulations that affect the country from time to time.
Often there are instances when the short-term interests or the passing trends of the changing society come into conflict with the constitution and its laws. It is often seen that radical elements within the society, without prejudice to the propriety of their cause, often demand reworking the constitution to suit their immediate requirements.
Similarly,…...
mlaWorks Cited
Kirby, Michael. "A Bill of Rights for Australia - But do we need it?" Law and Justice Foundation of New South Wales, 1997, Retrieved at On April 16, 2004http://www.lawfoundation.net.au/resources/kirby/papers/19971214_austlaw.html .
Author not known. An Australian bill of rights? Study Guide on an Australian Bill of Rights, 2004, retrieved at On April 15, 2004http://www.uow.edu.au/law/civics/subjectovws/billo.html .
Chappell, Louise. The Australian Bill of Rights Debate: Putting the Cart Before the Horse? Australian Review of Public Affairs, 2002, retrieved at On April 16, 2004http://www.econ.usyd.edu.au/drawingboard/digest/0208/chappell.html.
General Reference
It was in 1920 that the final victory came for the entire women's right movement, with the ratification of the 19th Amendment to the Constitution. Referring strictly to women's suffrage, the amendment stipulated that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any States on account of sex." It was one of the 16 amendments made to the original ten amendments that formed the ill of Rights.
The right to vote was the first and fundamental civil right that women gained in the United States. On the other hand, as many were keen to point out, "45 years later, they are still struggling to secure their right to privacy and reproductive freedom." This is quite true, if we consider the fact that, until the 60s, abortion was still illegal. Given the fact that only the discovery of…...
mlaBibliography
1. The History of Women's Suffrage. 2004. World Book Inc. On the Internet at http://www2.worldbook.com/features/whm/html/whm010.html
2. History of the vote - the Right to Vote. A timeline of Events. 1999, 2000 by EdGate.com, Inc. All rights reserved. On the Internet at http://www2.edgate.com/elections/inactive/history_of_the_vote/
3. Bill of Rights and Later Amendments. Copyright © 1995-2005 by the Independence Hall Association. On the Internet at http://www.ushistory.org/documents/amendments.htm
4. A History of the Bill of Rights. Copyright 1996, the American Civil Liberties Union. On the Internet at http://www.aclu-or.org/legislature/national/briefbillofrights.htm
They were required to subscribe to the religious views of the Church of England, and in very recent history at that time, faced torture, long-term imprisonment in dungeons, and death by various gruesome means for demanding religious autonomy. Furthermore, under British rule, citizens could have their homes invaded by troops at virtually any time and their possessions and papers seized and confiscated without cause or justification, merely on suspicion of wrongdoing. Citizens accused of criminal acts could be arrested and imprisoned without cause and coerced to confess, even falsely, simply to avoid the brutal consequences of continuing to argue their innocence of the stated charges.
Naturally, those experiences were fresh in the minds of the Colonists at the time that they envisioned an independent nation. In principle, they set out to create a new society that was devoid of what they believed were the worst intrusions and excesses of the…...
The other aspect of Fourteenth Amendment protections that is most relevant to the modern administration of justice in the age of global terrorism and national security concerns is the right to equal protection under the laws of both federal and state authority.
That concept paved the way for the entire evolution of civil rights in the second half of the 20th century (Dershowitz, 2002). Without it, police and government authorities could conceivably establish different rules for individuals based on their race, ethnicity, and country of origin. In that respect, the Fourteenth Amendment is arguably one of the single most important provisions of the U.S. Constitution, particularly because it was the judicial mechanism through which the Supreme Court first began applying its decisions raised in federal cases to govern state law enforcement authorities and ensure that all U.S.
citizens received equal treatment under the law regardless of which of the fifty states they…...
mlaReferences
Conlon, E. (2004). Blue Blood. New York: Riverhead.
Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Little Brown & Co.
Friedman, L. (2005). A History of American Law. New York: Simon & Schuster.
Public school administrators may in some cases deny recognition to student organizations, such as if the organization would actually and not theoretically cause disruption or if the organization would have been deemed illegal in any other way (Kaplan & Lee 515).
g. hate speech codes
No case involving hate speech specifically on school campuses has reached the Supreme Court (Kaplan & Lee 2007 p. 493). However, case law informs how hate speech is dealt with on campus to provide the balance between freedom of speech protection and the protection against violence or discrimination on campus. Hate speech has been defined by its being inherently humiliating and derogatory and not communicative or educational in any way (Kaplan & Lee 493). Vagueness and broadness of campus free expression rules have been deemed problematic, and campuses generally must define the parameters of hate speech. Certain "nonspeech" expressions such as overt intimidation or true threats…...
" Thus it is not easy to maintain a proper line dividing judges and jury and problems occur frequently. Especially on occasion of cases involving the Federal Employers' Liability Act, jury often comes under attack as it is felt that these cases should be decided by judges. One major fear is that in such cases, "anything that a jury says goes, with the consequences that all meaningful judicial supervision over jury verdicts in such cases has been put at an end.... If so,... The time has come when the ourt should frankly say so. If not, then the ourt should at least give expression to the standards by which the lower courts are to be guided in these cases."
The last part of the article that deals with re-examination of facts found by jury is also worth further explanation. Re-examination or review clause is not restricted to federal courts only but…...
mlaCapital Traction Co. v. Hof, 174 U.S. 1, 13 (1889).
Galloway v. United States, 319 U.S. 372, 389 (1943)
Harris v. Pennsylvania R.R., 361 U.S. 15, 27 -28 (1959)
Bill of ights
Two of the most renowned authors in American history, Amar and Levy attempt to rejuvenate Bill of ights, by interpreting its usage for this century. While one takes a liberal view of the Bill, the other takes a very detailed interpretation of the connotation of the law prevalent at the time. Leonard W. Levy in his Origins of the Bill of ights argues that the Bill of ights is not only a militarized document but also it is also a document for the purpose of the ruling class. On the other hand Akhil eed Amar in his The Bill of ights argues that the rights of the individuals is incorporated in the Bill but it needs further interpretation for proper application.
The United States' Bill of ights is not only an ambiguous document but its interpretation has not generated the kind of application it needs in today's world. Levy…...
mlaReferences
Leonard W. Levy, Origins of the Bill of Rights, New Haven: Yale University Press, 1999.
Akhil Reed Amar, The Bill of Rights, Yale University Press, 1998
In this vein, the EU judges in Strasbourg will be much more likely to respect guidelines that are set out in UK
courts and legislation. The European Court would, with the introduction of a British
Bill of Rights likely give greater leeway to British judges. The repealing of the Human Rights of 18 would limit the influence of British judges over the interpretation of pertinent legislation by enshrining the central features of the Act that reflect the English common law. At the very least, if
British judges feel that acts of Parliament are wholly incompatible with the European
Convention or with EU law.
To be effective as a complete solution to the problems which we have identified above a British Bill of Rights also would need to be accompanied by reforms which reinstate the British
Parliament's role as the sovereign authority over the whole legislative process. This would not be sufficient, however. At the domestic…...
mla9 Merris Amos, 'Problems with the Human Rights Act 1998 and How to Remedy Them: Is a Bill of Rights the Answer
', The Modern Law Review, 2009, Volume 72, Issue 6, 883.
10 Daniel Martin, 'Now Even Europe's Human Rights Chief Admits British Bill of Rights is the Right Thing to Do', (Daily Mail, 27th October 2011), http://www.dailymail.co.uk/news/article-2054403/Now-Europes-human-rights-chief-admits-British-Bill-Rights-right-thing-do.html ..
This is achieved by forcing them to maintain a list of individuals who do not wish to be conducted about purchasing a variety of products and services. Furthermore, these protections were enacted to ensure that businesses are not engaging in tactics that are abusive by limiting the times when they can call and what they can say. (Caudill, 2000)
In contrast with the Consumer Privacy Bill of ights, the proposed regulations are designed to enhance protections. This is occurring over the Internet vs. On the telephone. These differences are showing how there is a loop hole in existing regulations as to how these laws are applied. The new guidelines are building upon the provisions from the Telephone Consumer Protections Act of 1991 by establishing procedures as to the way confidential information is used and collected from firms. This is occurring is through placing limits on an organization's online activities. ("Consumer…...
mlaReferences
Consumer Privacy Bill of Rights. (2012). CNN Money. Retrieved from: http://money.cnn.com/2012/02/22/technology/bill_of_rights_privacy/index.htm
Fact Sheet. (2012). White House.gov. Retrieved from: http://www.whitehouse.gov/the-press-office/2012/02/23/fact-sheet-plan-protect-privacy-internet-age-adopting-consumer-privacy-b
Barlough, R. (2003). The Do Not Call Registry Model. Marshall Journal Computer and Information, 22, 79 -- 85.
Caudill, E. (2000). Consumer Online Privacy. Journal of Public Policy, 19 (1), 7 -- 19.
Australian Bill of Rights
Maintaining a feasible balance between free will and government control is a constant and historic ideal that has driven the evolution of society for thousands of years. Law has been self imposed on mankind in order to regulate unwanted behavior and streamline acceptable and appropriate lines of acceptable living. Morals, ethics and personal preferences from all segments of society should be accurately represented to design a comprehensive and ultimately fair and balanced code of conduct. hile the struggle to make sense of this seemingly perpetual argument seems to evade modern civilization, Australia's current constitutional debate is worthy of discussion.
The purpose of this essay is to evaluate both the arguments for and against Australia adopting a Bill of Rights to be included in their national constitution. I will present several arguments profiling the possible outcomes of following the status quo or implementing a new federal policy that would…...
mlaWorks Cited
Carr, B. 2009. Bill of rights is the wrong call. The Australian.May 9, 2009. Retrieved from e6frg6z6-1225710664130http://www.theaustralian.com.au/news/features/bill-of-rights-is-the-wrong-call/story -
Evans, S. & Evans, C. 2006. Legal redress under the Victorian Charter of Human Rights and Responsiblities. Public Law Review Vol 17, 2006 p260-281. Retrieved from http://www.hrlc.org.au/files/BH55WAEOSL/Evans%20-%20Remedies%20PLR.pdf
Funnell, N. (2010). Human rights abuses happen close to home too. The Sunday Morning Herald, December 9, 2010. Retrieved from too-20101209-18qps.htmlhttp://www.smh.com.au/opinion/politics/human-rights-abuses-happen-close-to-home -
Gregg, S. (2001). Pros and cons of a Bill of Rights. The Canberra Times, 29 May 2001. Retrieved from pros-and-cons-of-a-bill-of-rights-http://www.cis.org.au/media-information/opinion-pieces/article/1470 -
1. The Struggle for Autonomy: The Impact of British Colonial Policies on Colonial Identity
Discuss the British policies that restricted colonial autonomy, such as the Navigation Acts and the Stamp Act.
Analyze how these policies fostered a sense of collective grievance and the desire for independence.
Examine the ways in which colonists resisted British control through boycotts, protests, and the formation of political organizations.
2. The Economic Foundations of the American Colonies: Agriculture, Trade, and Manufacturing
Describe the various agricultural practices and products that formed the backbone of the colonial economy.
Trace the development of trade networks between the colonies and....
The Federalists and Anti-Federalists were two opposing political groups in early American history who held contrasting views on the structure and powers of the newly proposed Constitution. This essay will compare and contrast the beliefs and arguments of the Federalists, who supported a stronger central government, with those of the Anti-Federalists, who advocated for a more decentralized system of government. The Federalists, led by Alexander Hamilton, James Madison, and John Jay, believed in a strong central government that could effectively manage the affairs of the nation. They argued that a powerful central authority was necessary to maintain order, secure liberty, and....
Ideological Differences between Federalists and Anti-Federalists
The Federalists and Anti-Federalists were two opposing political factions that emerged during the debate over the ratification of the United States Constitution. Their distinct ideologies shaped the contours of the American constitution.
Federalists
Strong National Government: Federalists believed in a robust central government with ample authority to regulate interstate commerce, raise taxes, and defend the nation.
Checks and Balances: They supported a system of checks and balances among the three branches of government to prevent any one branch from becoming too powerful.
Limited Popular Sovereignty: While Federalists acknowledged the importance of popular representation, they also feared....
The Evolution of Due Process in America
Due process, a fundamental principle of American jurisprudence, has undergone significant evolution since its inception. Its origins can be traced back to the Magna Carta, signed in 1215, which established the concept of "the law of the land." This principle implied that no one could be deprived of life, liberty, or property without due process.
Early Formulations
In the United States, due process protections were incorporated into the Fifth and Fourteenth Amendments to the Constitution. The Fifth Amendment secures individuals against being "deprived of life, liberty, or property, without due process of law." The Fourteenth Amendment....
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