...The first amendment is a right that people believe to be a crucial aspect to American society. This is, in a way, correct. Due to the ability to protest and criticize institutions publicly, suppressed people have been given their basic human rights. This was prevalent in the nineteenth century with the Women’s Suffrage Movement and Civil Rights Movement. The use of First Amendment carries on and continues to be an integral aspect of American society in the twenty first century. The shift to the technology era gives new platforms in which the First Amendment can be practiced. In the current society, the First Amendment’s use by the people influences understanding, acceptance, and rejection of different groups. The expanded use of the First Amendment increases the awareness of minority groups and their plight in the community. In the fight for equality for LGBTQ individuals, freedom of speech in the media prompts community involvement and a general sense of acceptance. LGBTQ members flood social media...
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...The Fourteenth Amendment of the United States Constitution reads “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside” (Elbel). It was passed by congress on June 13th 1866 and sent to the states for ratification. Twenty-eight of the thirty-seven states’ legislatures had ratified the fourteenth amendment by July 9th, 1868. The intent of the fourteenth amendment was to ensure freed slaves were not denied their rights. The United States did not limit immigration when the fourteenth amendment was ratified, therefore the authors did not explicitly include immigration; but, in “Original Intent of the 14th Amendment”, Elbel claims, “The correct interpretation of the 14th Amendment is that an illegal alien mother is subject to the jurisdiction of her native country, as is her baby” (14th Amendment). Elbel quotes Senators Jacob Howard and Edward Cowan as evidence for the original intent of the fourteenth amendment, Senator Cowan stated “[A foreigner in the United States] has a right to the protection of the laws; but he is not a citizen in the ordinary acceptance of the word...” (14th Amendment). According to the original intent of the fourteenth amendment, in order for a baby born in the United States to be a citizen, the parent must be either a citizen...
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...The 14th Amendment Since 1868, United States citizens were promised by the 14th Amendment “equal protection of the laws” meaning all groups of people, no matter the race, religion or gender, are protected by the laws written in the Constitution of the United States. The ultimate cause of the Civil War was said to be because of the disagreement between certain states to abolish slavery. The same year the war ended was the same year the 13 Amendment passed which ended slavery. Three years later came the 14th Amendment. This is a very important part of the Constitution, considering that different groups of people have been through several cases of inequality in history, before and after this amendment was passed. Does the 14th Amendment really guarantee equal protection to all groups of people? The answer is no. Even after the 14th amendment was passed, certain...
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...Constitution, it would jeopardize individual liberty and give the federal government too much power. After fleeing the tyrannical monarchy of England, and battling in the Revolutionary War, the founders did not want this future nation to fall into the same fate. Eventually the Federalists and Anti-federalists agreed to a Bill of Rights, and in 1789 the Bill of Rights was ratified. Adding these 10 Amendments granted personal liberties and rights to the people, and further limited the power of the federal government. The 3rd and 4th Amendments both grant privacy and protection from the federal government in a person’s home;...
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...The purpose of the Fifth Amendment by the Framers of the Constitution was to protect the people from any governmental tyranny. The Constitution added this provision to mostly protect offenders from those who will initiate legal proceedings without exceeding their authority. The Legal principles of Fifth Amendment were ratified in 1791 with all the requirements for a person whose in accused of a crime. The Fifth Amendment included the grand jury requirement, double jeopardy, self-incrimination, due process clause. The federal grand jury often has twenty-three civilians who meet without a judge, the press, or any lawyer, with the only exception of the prosecution. The prosecutor will present all the evidence to show the jury why this person identified is the one who's committed this particular crime. After presenting all the facts to the grand jury, the prosecutor leaves them to decide whether there is enough evidence for the state to file criminal charges against the alleged the suspect. The prosecution will need a "True Bill" with the majority of the jurors...
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...The second amendment is the right to bear arms.Gun control has been a topic that has been wanted to be changed around the world from many incidents that have occured one such as the Sandy Hook shooting.Many people feel that some citizens take advantage of the Second Amendment. Two states that have strict gun laws are known to be New Jersey and Louisiana. These states differ in the area of mental health checks and how many gun can be purchased in a certain amount of time. The consequences are clear in the history of gun violence in these states. To begin with, a differ that both states share is the mental health checks.As shown in the article Christie signs N.J. gun law bolstering mental health checks it states"It makes it mandatory for mental health records to be submitted to a national database".What this means is during the process of purchasing a gun the person you’re buying it from will have to report your identity for a...
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...The first amendment was created, so that everyone would have the right to freedom of speech, petition, assembly, religion, and press. Although, it is stated that the government won’t interfere with those rights, it is not always followed.The first amendment is not being followed in society today because young adults do not fully comprehend the first amendment and, being refused to be able to have freedom of speech. Young adults do not understand the first amendment. “Fires burned in the cradle of free speech. Furious at a lecture organized on campus, demonstrators wearing ninja-like outfits smashed windows, threw rocks at the police and stormed a building. the speech? The university called it off.” Everyone has the right to freedom of speech,...
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...The 14th amendment was proposed July 28th, 1868. The amendment gives citizenship to anyone born or naturalized in the U.S. This included former slaves even if they had just been freed after the civil war. The law was proposed because all Americans were not receiving the same rights based on religion, ethnicity, and race. Abraham Lincoln was assassinated in April of 1965. He was the one that issued the preliminary Emancipation Proclamation saying that any slaves could be free. The 14th amendment was in a way similar saying that all should be free to life, liberty, and the pursuit of happiness. The law guaranteed everyone equal rights. African Americans had a very strong opinion towards this law because they weren’t usually treated equally to all the other Americans. When the states were approving the law most of the Southern States resisted. But they had to take consideration of the 13th amendment, that protected the African Americans rights so the law passed. The first...
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...I strongly believe that students should not have their private property searched. Just because a backpack is brought to school doesn’t make it school property. Another reason is that the Fourth Amendment protects us from unreasonable searches. Officials that do this are sick people and they have no right to look in student’s property. Just because I bring a backpack to school doesn’t make it school property. The school gives me a textbook and I take it home, now it’s on my property. Can I do anything I want with that book though? No, because it would be destruction of School Property. You can’t search my backpack and cause destruction in it and not fix it. It’s just the same thing as there textbook and laptops. Searching the student’s things is an invasion of privacy and the student my feel harassed and embarrassed. The Fourth Amendment is supposed to protect are property and we are to...
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...• Section 1: The two amendments pertaining to the question “What powers should a judge exercise to limit news reports before and during a trial if such publicity might hurt a defendant’s chances for a fair trial?” in chapter seven, are the First and Sixth amendments. The First Amendment entails the right to free speech and free press. The amendment also includes the establishment of religion, the right to peaceable assemble, and right to petition the government. This relates to the problem presented, due to the news coverage of trails and how positive and negative coverage could potentially impact the person’s right to a fair trial as established in the Sixth Amendment. The Sixth Amendment details a citizen’s right to a speedy, fair and public...
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...The fourth amendment is like America’s nap, they don’t get to have it and everyone becomes cranky. The fourth amendment is what gives America the little amount of privacy and authority that they do have. The Bill of Rights in 1789 were then added into the constitution so that the government could not have a huge amount of control. The Fourth Amendment keeps the American citizens acknowledged with why they are searched or their properties may be searched. A warrant must be shown to the citizen, rather than the cops just walking into their houses or anything else in their possessions. Warrants tell what they will be searching for specifically, but if anything, else is found it will not be permitted into court. Barack Obama is now considered an...
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...18th Amendment Play By: Albert, Spencer, Finnigan, and Dennis Dennis-President /Finnigan- Bartender /Albert-Cop Spencer- Citizen Dennis- It was 1919 when a law came into place that forbid the transportation, sale, and manufacture of anything containing above .5% of alcohol. Spencer- *sitting down on chair* time to listen to the good old radio and see if that volstead act is really going to happen or the babies were just blubbering for no reason. *turns on radio**takes drink of water* Dennis - *Through radio* We have put long and great thought in the volstead act. This act will stop people who are drunk and will stop violence caused by legal intoxicating drinks. Spencer - OH NO MY EEL JUICE, I CAN'T DRINK YOU ANYMORE! Why Does america have to be so cruel. I’ll bop someone for my liquor it's my life....
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...Beginning in 1920, the 18th Amendment prohibited the manufacture, sale, and transport of alcohol, but the idea of sobriety began more than a century earlier. Eventually, religious groups, politicians, and social organizations supported total abolishment of alcohol, leading to Prohibition. The 18th Amendment caused an influx of organized crime and was eventually repealed in 1933. Why did Americans want the Prohibition amendment passed? How did Prohibition fit into the goals of the progressive reform? What were its effects, and why was it eventually repealed? And was the passage of this amendment right or wrong? The Prohibition, started with the ratification of the 18th Amendment in 1919. The ban was not officially put into effect until January...
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...In 1975 the District of Columbia pass the Firearms Control Regulations Act which prohibited guns at home from being functional firearms and also made it nearly impossible to own a gun. This created conflict with the second amendment in the constitution, which states “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 can be seen this law D.C. passed violates the constitution due to citizens not being able to have a functional firearm at their home. This caused the case of District of Columbia v. Heller to arise. Dick Anthony Heller, a police officer in D.C., applied for a one-year license that he would use to own a handgun at his place of residence. He was then denied the license. Heller sued D.C. on the account of not upholding his second amendment right. The district court’s response was it was not valid and it was dismissed. It was appealed by Heller and The U.S. Court of Appeals for the District of Columbia decided that making people have...
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...Overbreadth Doctrine and First Amendment The overbreadth doctrine is best described as the principle that invalidates a law that violates the constitutional First Amendment right. The First Amendment provides the safeguard for freedom of speech and expression from government intrusion in the United States (Staff, 2007). If those freedoms are felt to be violated the overbreadth doctrine may be applied to nullify that law and possibly overturn court ruling against a defendant. “The excessive intrusion on First Amendment rights, beyond what the government had a compelling interest to restrict, renders the law unconstitutional” (West’s, 2008). If found unconstitutional, a section of the law may be revised or the entire statute could be voided to be rewritten. State v. Lilburn, 265 Mont. 258, 875 P.2d 1036 (1994) John Lilburn was found guilty in Montana by jury trial in Gallatin County Justice Court of hunter harassment. Lilburn interfered with the legal hunting of bison by standing in front of hunter’s rifle twice preventing him from shooting his target. Lilburn filed an appeal through Eighteenth Judicial District Court, which declared...
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