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10th Amendment Essay

Fourth amendment summary paper

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How does the 4th amendment affect us today

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And one of the most divisive texts in the Bill of Rights. The text was devised with the purpose of preventing Congress from having the authority to either prevent individuals from exercising their right to express their religious views or to prevent the press from publishing ideas that are truthful.

Many individuals are inclined to believe that government should not have anything to do with concepts like religion or freedom of the press. As a consequence, these respective people believe the First Amendment to function as a tool intended to assist the U. Soil Amendments and Yellow Bean. Sugar and leaf litter appeared to have an inhibitory effect, except in the area of root mass. Their study also found an inhibitory effect in treatments with municipal wastes and pulp mill wastes.

Similar to the results of this study, their tests found that horse and mink manure resulted in the greatest improvement in plant growth. However, Muenchang and associates found the sugar mill by-products improved the nitrogen fixing ability of plants by encouraging the development of certain bacteria on the roots. There are many field trials that are similar to those conducted in this study.

Tuber yield and size were not affected significantly by the application of straw mulch on potatoes Doring, et al. However, La Mondia and associates found that straw applied to potatoes increased yield in tubers exposed to certain potato pathogens. First Amendment Rules for the.

The media has brought many important issues to life for the American public. For example, during the American civil rights movement, many areas of the country that had been hesitant to endorse full equality for African-Americans were horrified when they saw their fellow Americans being beaten simply for demanding their rights. The media was also highly influential in mobilizing the American public against the Vietnam War. Pictures showed more powerfully than words the terrible carnage and suffering generated by the conflict and the lack of progress that American military involvement was generating in Vietnam, despite the loss of many lives.

Conversely, the media has also had a highly negative influence upon American opinion when it distorts the facts, such as when it inflamed opinion during the Spanish-American War and the McCarthy era, causing Americans to believe the propaganda disseminated in ostensibly objective venues.

The media can also have a more…… [Read More]. Right to Privacy 1st Amendment the Parameters. One of the amendments that seek to protect the private rights of citizens is the First Amendment.

However, controversies have arisen that have required the Supreme Court to impose limitations on an individual who is exercising his or her rights under the First Amendment. The First Amendment states, "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" U.

As stated in the First Amendment, one is…… [Read More]. Fourth Amendment Issues and the. 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, 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, As pointed out by national security expert Randall Larsen , one of the main problems with the so-called ar on Terror as conceived by the former presidential…… [Read More]. Fourth Amendment the Right of the People. Fourth Amendment "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" Cornell University Law School.

As with a preponderance of Constitutional issues the meaning of the Fourth Amendment has undergone an evolvement from its original intent and purpose as set forth in its composition by the founders and inclusion in the Bill of Rights.

The Supreme Court in its role as Constitutional explicator has addressed the scope and boundaries of the…… [Read More]. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics that are utilized by law enforcement when conducting investigations. To fully understand how this is impacting society and legal proceedings requires studying various sources.

This will be accomplished using academic information i. In the future, this paper will contribute to a greater understanding as to how it requires maintaining a balance in protecting individual rights and giving the government effective tools for enforcing the law. McInnis, Lively, Body The Fourth Amendment is designed to provide Americans with protections against unreasonable search and seizure. It has several different provisions that have been subject to various legal interpretations to include: Billboards and the First Amendment.

First Amendment of the U. Constitution guarantees to us freedom of speech - promises to each citizen and resident of the United States that the government will not tell us what we can or cannot say. However, there are important exceptions to this general condition: Not all speech is equally protected. This paper examines one of those arenas in which greater-than-usual restrictions are placed upon what people may say and the way in which they may say it. Billboards, as a very public example of commercial speech, are restricted in ways that a person standing on a street under a billboard talking to her friend is not.

Advertising is indeed protected by the First Amendment of the U. Moreover, even in federal-level litigation, the amount in controversy required for most suits means that many litigants lack standing to proceed in a federal court, much less have a jury trial.

What this amendment demonstrates is that the process for amending the Constitution has failed to keep up with the changes that are warranted by that process. To work around the fact that the modern court system would grind to a halt if every person with a twenty dollar dispute were entitled to a jury trial, the Courts have interpreted this amendment to mean that people are entitled to a jury trial if they would have been entitled to one under the common law.

However, that is clearly not adhering to the…… [Read More]. Jehovah's Witnesses are a good example of a religious entity that claims the right the First Amendment freedom of religion clauses. Jehovah's Witnesses may act as a thorn in many families across America, however, they have been the root cause of much of our freedom of religion laws.

Jehovah's Witnesses brought many cases of religion to the court system in the s and s. Before then, the court system handled very few court cases regarding freedom of speech and freedom of religion. These cases formed the foundation of the First Amendment protection of all citizens. The Court has attempted to create and implement a system for determining church and state decisions.

This is accomplished with a three-part test for laws dealing with religious establishment. The determination if the law is constitutional is this: It should not advance or inhibit religion. Finally, it cannot foster…… [Read More]. First Amendment and Television The subject of television and censorship has long been an issue of heated debates across the country. On June 8, James Madison introduced his version of the speech and press clauses in the House of Representatives, stating, "The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable" Freedom pp.

The special committee rewrote the language somewhat, adding other provisions from Madison's draft,…… [Read More]. The freedom of speech has also come under attack, most recently when a reporter was jailed for refusing to expose her sources. The amendment mentions "free exercise" of the right to say what one wishes or print what one wishes; however, if a person was to publicly endorse the assassination of the President, that person would be quickly arrested and most likely thrown in jail, an act that stands in deep conflict with the idea of "free exercise.

The National Rifle Association NRA highly endorses the 2nd Amendment and goes to great lengths to lobby Congress for less restrictive measures related to owning specific kinds of firearms, such as machine guns, AK's and other high-powered weapons. With handguns, a good number of legal efforts in recent years…… [Read More]. With their closely contested decision in the case of Citizens United v. FEC, the high court's conservative members have effectively shattered existing precedent regarding the ability of corporations to channel shareholder funds to political campaigns.

In their effort to protect the duly granted right of individuals to contribute money as a form of political speech and expression, the justices in the majority have effectively opened a Pandora's box of unintended consequences.

By extending the rights held by individual citizens of this nation to corporate conglomerates and multinational entities, the Roberts court has redefined the menace of judicial activism once…… [Read More]. Hobby Lobby and First Amendment. On the Hobby Lobby case, the First Amendment was challenged about whether it protected the religious beliefs of an employer when it comes to the decision not to pay for insurance meant for contraceptives. Phelps case was also related to religious picketing where the issue of sidewalk picketing was under the scrutiny of whether it was outrageous.

The WBC church had held a picketing in a funeral and was found guilty of saying outrageous comments in a funeral. However, the Supreme Court of United States in an decision argued that the church was constitutionally protected to say whatever they wanted as far as they did not affect the ceremony. It was established that they had avoided the ceremony and had not been involved directly in stopping the ceremony Zipursky, First Amendment and Broadcasting Content.

First Amendment rights are not absolute, particularly in regards to advertising. For example, there has been a great deal of pressure to regulate advertising directed at children that promotes unhealthy junk food. Called the Central Hudson test, it says that such speech must be truthful and not 'actually or inherently misleading'" and it has been argued that much of commercial advertising targeting children takes advantage of a credulous consumer's inability to tell the difference between truth and fiction Bittman, , par.

In this instance, however, the objections raised to our new advertising campaign are not targeted at children. Rather, the concern is merely that children may see inappropriate material, even if it is not intended that they purchase the product. In the past, the U. Supreme Court has allowed censorship of certain types…… [Read More]. Fourth Amendment Protection The Homeless. Yet, such a police officer would not be able to summarily search or seize on the premises of a regular home.

The homeless person's effects are; therefore, protected from unlawful search and seizure. The Problem with Pretext. Greenhalgh, and Mark J. Nineteenth Amendment to the Constitution. It is interesting to note that members of Congress would introduce this bill every year for 41 years, with exactly the same wording, until it finally passed Linder.

One big step in the process were the states in the West who allowed women to vote. In , Wyoming joined the union, and women had been voting there for many years. It is also interesting to note that it was the Senator from a western state, California, who first introduced the bill in Kobach.

In , Theodore oosevelt, running for the Bull Moose Party, included women's voting rights in his party platform, which brought more positive attention to the matter. Thousands of women worked throughout that time to help gain support and understanding…… [Read More]. 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 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: Even embryos in fertility clinics could be destroyed, according to the…… [Read More]. Th Amendment to the U. 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.

Constitution" Abraham Lincoln's "Emancipation Proclamation" stated "that all person's held as slaves' within the rebellious states 'are, and henceforward shall be free. However, Lincoln's support of, and the adoption of the 13th amendment in , 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…… [Read More]. Implication of the Amendments. 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. Further, the 14th amendment came into place to entrench and ensure the equality among the Americans Hole.

It was one of the…… [Read More]. Fourth Amendment Stipulates That No. The government was triggered for the sake of the people. People had honor and dignity. Given the ambitions of man and man's love for power, it is all too easy for man to rise to positions of power and dominate others. The Fourth Amendment is important in that it protects the honor and asserts the significance of even the 'least' individual in the country.

In this way, the Fourth Amendment prevents the situation of a Fuhrer or Third Reich happening on this soil since certain safeguards are put into place that have to be kept at all costs. Further indications of the importance of this Amendment can also be seen from the instance when Jentick, an Earl of Camden, was indicted for attacking both government polices and the monarch.

His private papers were ruffled and…… [Read More]. Fourth Amendment to the United. In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding all subjects to assist in these endeavors. When, upon the death of George II in , the authorities were required to obtain the issuance of new writs, James Otis, who attacked such writs on libertarian grounds and who asserted the invalidity of the authorizing statutes because they conflicted with English constitutionalism, led opposition.

Otis lost and the writs were issued and utilized, but his arguments were much cited in the colonies not only on the immediate subject but also with regard to judicial review. Fourth Amendment and Court Jurisdiction Based on. Constitution citizens have a right to 'be secure in their persons'. At Stevens, dissenting LectLaw, The definition implies that people cannot be detained or intruded upon by police or other law enforcement without a reasonable cause.

It is a protection to acknowledge a citizen's rights under a higher authority or power that they must submit to. The Constitutional intent may be at odds with law enforcement because it protects the people by prohibiting the law to intrude even if the person s is a known criminal unless there is a reason Wolfish, U.

At Stevens, dissenting Lect Law, For law enforcement to seize or detain a citizen there must be a reasonable cause. There are many court cases that have precedent…… [Read More]. The notion of fairness due process is evident throughout a criminal proceeding. Because one is presumed innocent, most accused are allowed to go free on bail while awaiting trial. This is directly based on the fact that the accused is presumed innocent and therefore cannot have their liberty removed without being found guilty of a crime.

Due process is also the root of the discovery rules in the United States. Only by having this information revealed, can a person adequately prepare to defend themselves against either a civil or criminal allegation. In other words, it is only fair. If one is not aware of the specific allegations and proposed evidence, one cannot possibly prepare an adequate defense. The impact of the 14th Amendment also comes into play when applied to who can…… [Read More].

Gun Control and First Amendment. It would also be highly recommended that there are designated buffer zones between the convention and any designated First Amendment Zones.

Additionally, these zones must be away from any other public areas. If they are too close to public areas, like malls, they may inadvertently disrupt the flow of the public and endanger passersby. There are also recommendations for general policy of the possible disruption of protest groups at the DNC event. If officers were to commence in disrupting the protest groups, it would be absolutely necessary to show they were acting in accordance with the misdemeanor violation of Section Essentially, this would mean that officers would have to prove more than three individuals were acting in a way to disturb the peace, rather than to peacefully assemble.

It is true, "no actual breach of peace needs to take place" Unlawful Assembly Dispersal Order. Consequences of Police Violating the 4th Amendment. Fourth Amendment Violations 4th Amendment Violations Fourth Amendment Violations and Recourse The Fourth Amendment to the Constitution of the United States provides for "the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures…," but says nothing about what a court should do if those rights are violated.

Amendment 4" The Supreme Court of the United States has developed what is known as the "Exclusionary Rule," which bars any evidence obtained through an unconstitutional search from trial against the defendant. But his is not the only recourse for those who have been the victims of unconstitutional searches and seizures. The court has also decided that in certain cases, the victims may sue the authorities for damages in civil court.

It was in , during the case of Mapp v. Ohio where the Supreme Court set the precedent that any…… [Read More]. The 10th amendment is "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" Mcpherson, , p. When seeing how these two laws work not in conflict of each other, but together, it can be hard…… [Read More]. Constitution Laws regarding the use and safety of weapons in the United States date back to , when Georgia's ban on handguns was ruled unconstitutional.

Subsequent legislation has been scrutinized by courts -- including the High Court -- and in numerous cases the rulings have supported a citizens' right to keep and bear arms except in certain cases. In District of Columbia v. Heller, the last decision offered by the Supreme Court in , a law banning handguns was struck down based on the Second Amendment.

How this ruling will ultimately affect states and local governments remains to be seen, but this paper carefully reviews opinions from the majority and minority on the Court. This paper also presents what the Court considers enumerated rights and how the gun lobby might be impacted by the ruling -- as well as those advocating for gun safety. Scholarly, peer-reviewed…… [Read More]. Sixth Amendment Right to Counsel Applies to. Sixth Amendment right to counsel applies to everyone, but it can be difficult to ensure that it is correctly applied to defendants with disabilities.

That has led to major problems, and has been addressed by several cases, including Faretta v. California , McKaskle v. Wiggins , Godinez v. Moran , and Indiana v. These cases showcased the issue that the standard for competency to stand trial was linked to the standard for competency to represent oneself. While that seems to make perfect sense, it is actually quite harmful to people who have disabilities, because they may not be able to correctly represent themselves and cannot always be held to the same standards that would be seen with people who do not suffer from any kind of disability.

The right to counsel is highly important, because not having counsel can make it very difficult for a defendant to assert…… [Read More]. Amendment The Sixth Amendment to the U. Constitution offers a set of protections from a potentially overbearing criminal justice system. The amendment reads as: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense[footnoteRef: Cornell University Law School ] The law protects individuals from allegations of criminal conduct that are false by providing them a public trial by their peers.

The concept of a jury trial is not a new phenomenon and has its roots that date back to…… [Read More]. Analyzing the Forth Amendment. Like most fields in U. Broadly, it was created for limiting governmental powers and their capacity of enforcing legal actions upon citizens 4th Amendment - constitution -- Laws. 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…… [Read More]. Enactment of the 19th Amendment XIX. Amendment XIX Enactment of Amendment XIX and its contribution to the achievement of equal female rights The enactment of the 19th amendment empowered women on many fronts. They were allowed to vote and consequently seized the opportunity to influence political decisions. The enactment saw the legalization of contraception and even abortion.

There was economic empowerment too in the process. The more common availability of reproductive services and education doors increasingly opening up, more women enrolled in education institutions sought higher education. These developments also ushered in an era in which women began to occupy sensitive professional positions in the society.

The amendment aimed at giving hope to all women. African-American women sought to link suffrage to race and gender across the country; so as to make sure that the benefits were not just paper-based policies, but practical processes for actual empowerment.

Indeed, the African-American women believed that taking part in…… [Read More]. First Amendment including kind cases The First Amendment is imbued with a degree of preeminence that supersedes virtually all other amendments of the United States Constitution, largely because it was the first of many. As such, its importance to the country and to protecting the rights of its citizens is largely self evident.

Perhaps one of the most cogent testimonies to this fact is the numerous times this amendment has been cited in litigation enacted in this country. These many cases allude to the notion that the rights guaranteed by the First Amendment, which are stratified in accordance to religion, freedom of speech, and lawful, peaceable assemblage, are vital to some of the most fundamental principles upon which the country was founded.

An examination of the most salient of these court cases, as well as of the various components of this amendment, largely indicates the veracity of the preceding statements. Home Topics Government Amendment Essays. A look at the Bill of Rights: Protecting the rights of Americans. A companion to the United States Constitution and its amendments. The Bill of Rights: Politics, religion, and the quest for justice. An Introductory Text for the 21st Century.

Summaries of leading cases on the Constitution 14th ed. The complete idiot's guide to the U. Encyclopedia of the Supreme Court of the United States. A companion to the United States Constitution and its amendments 5th ed. Amendments 14 15 and 19 View Full Essay. Works Cited Wilde, Oscar. The Picture of Dorian Gray. Notes for the Underground.

Cornell University Law School. Amendment One will do more harm than good. 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. 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. Jeff Cooper's Commentaries Vol. Can Gun Control Work? The Development of the American Experience. References Cornell University Law School. Available online at http: Works Cited Current, Richard.

The Woman and her Work. Columbine High School Incident. Accessed 5 October Works Cited Abrams, Jim. House Ok's right to protect sources: White House rips media shield bill.

Schwarzenegger Approves Condor Protection Bill. From Trafficking to Treatment," Hamilton Books, Because the First Amendment marks the U. In many countries even today, religious minorities are kept from reaching high positions in any career. As a result of this discrimination, that country fails to make use of all the extraordinary people that it might have. Consequently, these talents immigrate to countries where their talent will actually be appreciated.

One instance of this advantage is Sergey Brin, co-founder of the expanding technological company Google. The history of Brin begins in Russia, where his Jewish parents are denied any privileges or rights. In the new environment, Sergey was able to demonstrate and contribute to society with his talent in engineering and computer science by co-founding Google, and internet search engine. To this day, Google helps millions of people by providing and storing information with the most advanced technology of this era.

The First Amendment not only enables our nation to make full use of talent and potential, but also attracts intelligence from foreign nations. Finally, the First Amendment increases the scope of our view and beliefs, enabling us to understand more than what is told or seen.

In many strictly religious communities, individuals are exposed to only what they are told; consequently, they unknowingly form a biased view of a certain subject. In World War II, Hitler attempted to influence the mindsets of children by modifying certain parts of information in the history textbook; this resultantly made Hitler seem like a hero during the war.

Fortunately, in the U. Because of the religious diversity that this country gathers, we are exposed to all viewpoints of a cause, and this, in turn, allows us to use our own judgments to make decisions. In many aspects, the First Amendment to the Constitution has contributed greatly to the nation; indeed, this law has been the cause of many great events.

This law also strengthens national pride by advocating for freedom. The First Amendment not only strengthens the power of our country, but also holds great importance in human and religious rights. Make it worth watching. Which of your works would you like to tell your friends about? These links will automatically appear in your email. If you have a suggestion about this website or are experiencing a problem with it, or if you need to report abuse on the site, please let us know.

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Argumentative Essay: Gun Control Violates The Second Amendment of the Constitution - Civilian ownership of firearms has for more than two hundred years been the very cornerstone upon which the liberty of the public has been supported.

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Mar 28,  · The Equal Rights Amendment Essay What could be more important than the equality of rights for all American citizens? Women have tried without success for 80 years to be acknowledged as equals in our Constitution through an Equal Rights Amendment (ERA).

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The First Amendment Essay Words | 5 Pages. The First Amendment The 1st Amendment forbids Congress from enacting laws that would regulate speech or press before publication or punish after publication. At various times many states passed laws in contradiction to . Amendments essays Amendment 2: The second amendment gave the people the right to own an "arm" for protection of themselves and their country. Amendment 3: The third amendment says that soldiers are not allowed to stay at a citizen's residents without the owner's consent.

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