The only way, it would seem, to affect the kind of change that supporters of the initiative want is to amend the state constitution, effectively changing the law of the land. Supporters argue that this is the only viable option left, especially in light of the fact that marijuana is less dangerous the alcohol -- a legal drug -- and that the war on drugs has netted no significant results save $1 trillion spent since 1970 and 1.6 million people arrested yearly, half for marijuana possession (Gathright). Thus, in the case of marijuana we are faced with public policy that aggressively prosecutes anyone who uses the drug, at great cost to the state, without any discernible impact on usage, and when other more dangerous drugs are marketed freely.
Under these conditions, it seems wholly appropriate to attempt to amend the state constitution to reflect the people's acceptance of marijuana as…...
mlaWorks Cited
Gathright, Alan. "The Colorado Marijuana Initiative." Rocky Mountain News. 29 Dec. 2005. 21 Nov. 2007 http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_4348438,00.html .
Constitutional Amendments
Effective strategies after the 13th and 14th amendments
The 13th amendment to the constitution was widely welcome by many Americans and the world at large as it gave the surety of freedom from slavery in the legal standing of it. The most famous and important section of the Declaration of Independence read that "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable ights, that among these are Life, Liberty and the pursuit of Happiness." This was an assurance that the freedom of each person living in America would be guaranteed and that no person will live under the command or control of another person due to the race or color. Further, the 14th amendment came into place to entrench and ensure the equality among the Americans (Hole ., 2001). It was one of the main measures…...
mlaReferences
Hole R.,. "The American Declaration of Independence of July 4th, 1776." 2001. Web
October 16, 2014 from http://www.historytoday.com/robert-hole/american-declaration-independence-july-4th-1776
Johnson K.V. & Watson E. "The W.E.B. DuBois and Booker T. Washington Debate: Effects upon African-American Roles in Engineering and Engineering Technology, 2014. Web. October 16, 2014 from http://scholar.lib.vt.edu/ejournals/JOTS/v30/v30n4/pdf/johnson
National Archives & Records Administration. The Emancipation Proclamation January
10th Amendment and how it relates to the states being controlled by the Federal Govt. On the legalization of pot..
Marijuana in the context of the Tenth Amendment
There is much controversy regarding the Constitution and the power it has over the people, taking into account that many individuals believe that the federal government does not have the Constitutional authority to prevent cities and states from legalizing the use of marijuana (regardless of the purpose of the substance's use). The possession of Marijuana is banned under federal law. However, when considering that the prohibition era saw alcohol banned under a Constitutional amendment, it would appear that a federal law should not be considered enough to prevent states or cities to legalize the use of marijuana. A great deal of individuals (both smokers and non-smokers) believe that the federal government is wrong in trying to force individuals to take on particular attitudes, especially…...
mlaWorks cited:
Ducat, Craig, R. "Rights of the Individual," (Cengage Learning, 01.02.2008)
Mack, Alison, and Joy, Janet, "Marijuana As Medicine?: The Science Beyond the Controversy," (National Academies Press, 07.12.2000)
Rahtz, Howard, "Drugs, Crime and Violence: From Trafficking to Treatment," (Hamilton Books, 16.08.2012)
Sowell, Thomas, "Ever Wonder Why? And Other Controversial Essays," (Hoover Press, 09.11.2006)
It is the pursuit of happiness that the Constitution guarantees with respect to a person's right to pursue a free life. The words are written this way (Von Eckardt, Ursula M., 1959, p. 2):
e hold these truths to be self-evident, that all men are created equal, that they are empowered by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of happiness."
These words should dissuade the most adamant lawmaker from proposing, or creating a federal law that would ban same-sex unions. Likewise, those seeking same-sex unions should look long and hard at the legalities involved in what they are seeking. "One way to destroy the spirit of anything is to sanctify that thing. Sanctify the code, the institution, the constitution, or the doctrine, and it is thereby arrested. It becomes unchangeable, incapable of development, resistant to new influences, rigid (Maclver, R.M., 1955, p.…...
mlaWorks Cited
Stewart, James Brewer, ed. The Constitution, the Law, and Freedom of Expression, 1787-1987. Carbondale, IL: Southern Illinois University Press, 1987. Questia. 15 Oct. 2007 http://www.questia.com/PM.qst?a=o&d=105724725 .
A www.questiaschool.com/PM.qst?a=o&d=9863711
Von Eckardt, Ursula M. The Pursuit of Happiness in the Democratic Creed: An Analysis of Political Ethics. New York: Praeger, 1959. Questia. 15 Oct. 2007 http://www.questia.com/PM.qst?a=o&d=9863747 .
The NSA had been illegally investigating several journalists and even violating their privacy by monitoring their telephone use through systems and capabilities designed for use against terrorist suspects only.
Fourth Amendment constitutional rights prohibit any such use of surveillance without judicial authorization, typically, a search warrant or wire tap warrant issued after a formal presentation of evidence and the establishment of probable cause, as required by the original text of the Fourth Amendment (Schmalleger, 2008). According to the accounts published, the NSA specifically targeted journalists known to have been critical of the presidential administration of George . Bush, which may raise other significant constitutional problems even beyond the Fourth Amendment issues (Scmalleger, 2008).
Possible Solutions to Balancing Effective Counterterrorism and the Fourth Amendment:
As pointed out by national security expert Randall Larsen (2007), one of the main problems with the so-called ar on Terror as conceived by the former presidential administration is…...
mlaWorks Cited:
Larsen, R. (2007). Our Own Worst Enemy: Asking the Right Questions About Security to Protect You, Your Family, and America. New York: Grand Central Publishing.
Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st
Century. New Jersey: Prentice Hall.
Many conservatives believe that the Anti-
Establishment Clause prohibits only the actual establishment of a national religion in the manner of the English Crown. To them, the right to freedom of religion is all that the First Amendment guarantees, not the right to be free from religion (Dershowitz, p. 202).
Luckily for those who consider themselves atheists and agnostics, the Supreme
Court has interpreted the First Amendment to include the separation of church and state much more broadly, because under the conservative interpretation, the government might, in principle, be able to require some religious affiliation of its citizens provided it did not specify any particular religious faith. That issue has arisen numerous times and in many different forms over the years, including whether or not public schools may require recitation of the Pledge of Allegiance with the words "under God" or "moments of private reflection" intended for prayer during school time.
Most recently,…...
mlaREFERENCES
Dershowitz, a.M. (2002) Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown.
Friedman, L.M. (2005) a History of American Law. New York: Touchstone. Haynes, C., Chaltain, S., Glisson (2006) First Freedoms: A Documentary History of First Amendment Rights in America. London: Oxford University Press
Personhood Amendment in Mississippi
Judith Jarvis Thomson's essay "A Defense of Abortion" and the proposed Mississippi Constitutional Amendment
In Mississippi, a bill that advocated an extreme position on abortion rights was submitted to voters. It was ultimately rejected, despite the fact that Mississippi is a very conservative state. The constitutional amendment would have declared a fertilized human egg to be a legal person, not only equating abortion with murder under the law, but also making certain forms of birth control illegal (Eckholm 2011). It would have made using birth control, including IUDs and morning-after pills, which operate by detaching the fertilized embryo from the mother's womb, a legal for of murder.
Previous regulations of abortion placed restrictions upon when and where women could get abortions, or created parental consent laws. This amendment simply stated when life began: at fertilization. Even embryos in fertility clinics could be destroyed, according to the law, because the…...
mlaReferences
Eckholm, Eric. "Push for 'personhood' amendment." The New York Times. October 26, 2011.
[2 Dec 2011].
Th Amendment to the U.S. Constitution
"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." (13 Amendment, Article 1, "U.S. Constitution")
Abraham Lincoln's 1863 "Emancipation Proclamation" stated "that all person's held as slaves' within the rebellious states 'are, and henceforward shall be free.'" ("Featured Documents") Many claim that Lincoln's real motivation in freeing the slaves was to politically outmaneuver the south internationally; to make the war about slavery thus keeping the Europeans from supporting the South. However, Lincoln's support of, and the adoption of the 13th amendment in 1865, seems to prove this wrong; Lincoln's real motivation was the end of slavery in the United States. But Lincoln issued his "Emancipation Proclamation" in the middle of a war, using his emergency war powers, and it was limited to states…...
mlaWorks Cited
Feagin, Joe. "Excluding Blacks and Others From Housing: The Foundation of White Racism" Cityscape. Web 14 May 2011. http://users.wfu.edu/yamaned/teaching/151/docs/feagin.pdf
"Featured Documents: The Emancipation Proclamation." National Archives and Records Administration. Web 14 May 2011.
www.archives.gov/exhibits/featured_documents/emancipation_proclamation/
"The United States Constitution - The U.S. Constitution Online - USConstitution.net." Index Page -- the U.S. Constitution Online - USConstitution.net. Web 14 May 2011. http://www.usconstitution.net/const.html
4th Amendment's evolution and history, together with the "search and seizure" law.
4th Amendment Background
People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should be seized, under the 4th Amendment. Like most fields in U.S. law, the English common law forms the principal basis of the 4th Amendment. Broadly, it was created for limiting governmental powers and their capacity of enforcing legal actions upon citizens (4th Amendment - constitution -- Laws.com). Amendment IV was implemented in immediate reaction to the historical writ of assistance's abuse. This writ was a sort of general governmental search warrant employed in the American evolution's era. Amendment IV was…...
mlaReferences"
(n.d.). Annenberg Classroom. The Right to Protection against Illegal Search and Seizure. Retrieved April 27, 2016, from http://www.annenbergclassroom.org/Files/Documents/Books/Our%20Rights/Chapter_15_Our_Rights.pdf
(n.d.). Arizona Defense Attorney James E. Novak Law Blog -- Legal discussions and observations with Arizona Criminal Defense Attorney James E. Novak. Requirements and Exceptions to Lawful Search Warrants in Arizona -- Legal discussions and observations with Arizona Criminal Defense Attorney James E. Novak. Retrieved April 26, 2016, from http://blog.novakazlaw.com/2013/01/requirements-and-exceptions-to-lawful-search-warrants-in-arizona/
Boyd v. United States, 116 U.S. 616 (1886)
(n.d.). Conservative Policy Research and Analysis. Guide to the Constitution. Retrieved April 25, 2016, from http://www.heritage.org/constitution/#!/amendments/4/essays/144/searches-and-seizures
Foundation
An extensive period in US history has witnessed specific segments of the nation's population (such as females, Blacks, etc.) deprived of voting rights. The female suffrage movement or struggle for winning voting rights for females continued throughout the major part of the 1800s and into the early 1900s[footnoteRef:1]. While a few states allowed female participation in elections, both as contesters and voters, before the 19th Amendment's enforcement, its ratification on 18th August, 1920 ensured voting rights were extended to every woman in America[footnoteRef:2]. Ever since its ratification, US society has universally acknowledged female voting rights. [1: William W. Hodes, "Women and the Constitution" Rutgers L. Rev. 25 (1970): 26.] [2: Carol Lynn Yellin, "COUNTDOWN IN TENNESSEE" American Heritage 30, no. 1 (1978): 12.]
The American Constitution's Nineteenth Amendment accords an equal right to both males and females to vote. It asserts that the federal and state governments shall not curtail or…...
Rowan County, North Carolina had a prayer policy that was aligned with Christian norms as well as the prevailing values of freedom and liberty in the United States. The policy pertained to the opening ceremonies before public meetings, which include the Pledge of Allegiance. During these meetings in Rowan County, individual commissioners were offered the opportunity to pray in whatever manner they preferred, have a moment of silence instead, or abstain from either. No commissioner or member of the public was required to pray; it was a voluntary provision. Yet federal courts recently ruled that Rowan County’s practices violated the First Amendment of the Constitution, particularly the Establishment Clause. The Establishment Clause states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” (“Introduction to the Establishment Clause,” (n.d.). Even a cursory reading of the Establishment Clause shows that prohibiting commissioners from praying during…...
ar Powers Act of 1973 was an important piece of legislation during the Vietnam ar. The intention, per the wording of the act itself, was "to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicate by the circumstances, and to the continued use of such forces in hostilities in such situations" (ar). The Act required that if armed forces were sent into a nation, Congress had to be informed within 48 hours. Additionally, armed forces could not remain within a nation for more than 60 days without a declaration of war.
Those in support of the law promised the American citizens that the Act would prevent "another Vietnam" and restore the…...
mlaWorks Cited:
Carter, Stephen L. "The Constitutionality of the War Powers Resolution." Virginia Law Review.
1984. Print.
Grimmett, Richard. War Powers Resolution Presidential Compliance. Washington, D.C.:
Congressional Research Service, Library of Congress, 2008. Print.
Limiting Constitutional Rights to Bear Arms
The capital issue in the hypothetical court case detailed within Application 1.2 is the boundaries for limitations on the personal right to bear arms. Those boundaries are unclear in this case, because the defendant is exercising his right to bear arms as denoted within the second amendment to the United States Constitution. However, this person (known as Lloyd) has stockpiled enough arms that his store is dangerous to others living around him, which is why they have sued Lloyd claiming that his actions under the second amendment violate their constitutional rights. Specifically, they are claim Lloyd is infringing their rights outlined in the fifth and ninth amendments to the constitution. The relevance of these amendments to this case is that the fifth amendment states no person should suffer the loss of their life or property, whereas the ninth mandates that rights granted in the Constitution…...
ainwright v Gideon
In 1961, a man named Clarence Earl Gideon was arrested for stealing coins and alcohol from a Panama City, Florida, pool hall. He was a poor man and could not afford a lawyer. Following his conviction, he served five years in prison. During that time, he sent a handwritten letter to the Supreme Court in which he explained that he had been forced to fend for himself in court, without legal representation. Because of Mr. Gideon, the Supreme Court justices declared that criminal defendants have a right to legal aid (Gest). It was a right decision by the Supreme Court. The United States was founded on the principle that all men should be equal. By providing criminal defense to the poor, the court is leveling the playing field so that everyone receives the same fair treatment. Since crimes are committed disproportionately by the poor, the Supreme Court's decision…...
mlaWorks Cited
Donaghue, Erin. "Defending Dzhokhar Tsarnaev: Renowned Attorney Judy Clarke Will Fight for Bombing Suspect's Life." CBS News. 2 May 2013. Web. Retrieved 7 May 2013 from dzhokhar-tsarnaev-renowned-attorney-judy-clarke-will-fight-for-bombing-suspects-life/http://www.cbsnews.com/8301-504083_162-57582573-504083/defending -
Gest, Ted. "One Poor Man's Legacy." U.S. News & World Report 114.11 (1993): n. pag. Web. 7 May 2013.
"The Right to Counsel." Sixth Amendment Center. N.p., 2013. Web. 07 May 2013. .
Staples, Robert. "White Power, Black Crime, and Racial Politics." Black Scholar 41.4 (2011): 31-41. Web. 7 May 2013.
" Still, a judge has ordered the State Board of Education "not to enforce the new law while a suit filed by the father of a public school student proceeds" (Keen, 2007). Barry Lynn of the group Americans United for Separation of Church and State said the judge realizes "...that there is no motive for a moment of silence except a religious one." The First Amendment comes into play here because it prohibits government from promoting religion.
TO: (Gun control): Recently the governor of California, Arnold Schwarzenegger signed legislation that prevents the use of lead ammunition in California Condor - a severely endangered species - recovery zones. The law thus requires hunters of game like deer and coyote to use copper bullets, because when lead bullets kill a deer, for example, the hunter normally leaves the guts of the carcass on the ground, condors feed on those guts, and if they…...
mlaWorks Cited
Abrams, Jim. (2007). House Ok's right to protect sources: White House rips media shield bill.
Boston Globe. Associated Press report. Retrieved Nov. 15, 2007, at http://www.boston.com .
Environmental News Network. (2007). Schwarzenegger Approves Condor Protection Bill.
Retrieved Nov. 15, 2007, at http://www.enn.com/press_releases/2201/print .
Miranda Rights: A Cornerstone of Criminal Justice
Introduction
Miranda rights, enshrined in the landmark 1966 Supreme Court decision Miranda v. Arizona, have played a pivotal role in safeguarding the rights of individuals accused of crimes. This essay will explore various topic ideas related to Miranda rights, examining their historical significance, legal implications, and impact on criminal justice.
Historical Evolution
The development of Miranda rights: Tracing the legal precedents that led to the Miranda decision.
The impact of the Warren Court: The role of the Supreme Court under Chief Justice Earl Warren in expanding Miranda protections.
Miranda in the context of other constitutional amendments:....
Key Milestones in the History of the Women's Rights Movement
Throughout history, women have fought tirelessly for their rights and equality. The women's rights movement has witnessed significant milestones that have shaped the social, political, and economic landscape for women worldwide. Here are some key milestones:
1848: Seneca Falls Convention
Held in Seneca Falls, New York, it was the first women's rights convention in the United States.
Elizabeth Cady Stanton and Lucretia Mott drafted a Declaration of Sentiments demanding equal rights for women.
1851: The First Women's Rights Convention in Ohio
Organized by Lucy Stone, Frances Dana Gage, and Paulina Wright Davis.
Emphasized....
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