Analysis of the Fifth Amendment Katrina Krolak, Katia Denis and Dan Mullen The University of Phoenix U.S. Constitution HIS 301 Georgia Mc Millen March 17, 2008 Introduction The Fifth Amendment provides for certain personal protections including the right to avoid self-incrimination and the potential for criminal convictions based on double jeopardy. The analysis of the Fifth Amendment in this research will review the background of the amendment, and various interpretations throughout
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Our government has compromised on the liberties in the name of general welfare typically on amendments one and ten, that the founders believed in the sanctity importance of the individual liberties guaranteed in the Bill of Rights. One issue that was a violation of rights on the citizens was the Kim Davis situation. Davis was an elected county clerk in Kentucky where after the legalization of gay marriage, she refused to sign and give marriage certificates to the gay couples because it went against
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that he had a right to counsel, but was force to put on his case and lost. Petitioner filed a habeas corpus petition to the Florida Supreme Court and challenge his conviction claiming the refusal to appoint counsel in his trial encroached on his 6th Amendment right of the U.S. Constitution. The Florida Supreme Court denied the petitioner relief citing case law from the Betts v. Brady case which held the
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Anti-Federalists, James Madison had succeeded in sponsoring the Bill of Rights and preventing the nation from suffering the consequences of a second constitutional convention. The first two amendments put forward by Congress fell short of ratification and were discarded. Thus, we have a Bill of Rights with 10 amendments. Over the more than 225 years since ratification, the Bill of Rights has assumed greater and greater importance. Originally the Bill of Rights was mostly intended to limit the powers of the new
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federal government and included provisions for individual freedoms. There was also a provision for amendments, the first ten of which is called the Bill of Rights (Hudson, 2010). These amendments guaranteeing and individual’s rights and freedoms and protection from tyranny were vital to the ratification of the Constitution by all the states. Amendment IV The Fourth Amendment provides, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches
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The USA Patriot Act, the Alien and Sedition Acts, and the Bill of Rights were all established by the government to protect the citizens of the United States of America. These forms of legislation were predominantly written with intentions of enhanced security but could also be construed as allotting more power to the government to generate decisions without the consent of the citizens. The USA Patriot Act is the most recent of the three forms of legislation, but its objective is probably more understood
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purpose was to include a bill of rights in the new constitution and to adopt those rights. The Antifederalist achieve their goal and the federalists compromise with the bill of rights added to the Constitution. Many people say that the first amendment would not be here without the “intent of the Framers.”. But they did not adopt the first amendment. The Anti-federalist was still scared because the constitution did not really guarantee that the government could take people’s right to worship away. For
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Freedom of Religion, Speech and the Press The first amendment is part of the United States Constitution in a short portion called the United States Bill of Rights. The Bill of Rights is one of the high laws of our land. “It guarantees that the United States government can never deprive people in the United States of certain fundamental rights,” according to aclu.org. The first amendment states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
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individual rights guarantees, as the framers were primarily focused on establishing the machinery for an effective federal government. As adopted, the Constitution included only a few specific rights guarantees: protection against states impairing the obligation of contracts, provisions that prohibit both the federal and state governments from enforcing ex post facto laws (laws that allow punishment for an action that was not criminal at the time it was undertaken) and provisions barring bills of attainder
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Phoenix. All rights reserved. Course Description This course is an introduction to the historical, political, philosophical, and economic roots of the U.S. Constitution. It first reviews the philosophical arguments of the Federalists and the Anti-Federalists, those that supported and opposed ratification of the Constitution. The course then examines milestone Supreme Court decisions and the Court’s evolving interpretations of the Constitution. This course focuses on the first ten amendments of the
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