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    Order an 1st amendment essays thesis best practices






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    Freedom to speak, freedom to choose, freedom to worship, and freedom to do just about anything you want within that of the law. Justia US Supreme Court Center. Freedom of Speech: My Version and Theirs The First Amendment has led Americans to believe in a hallowed sense of freedom that does not exist; freedom of speech.


    City of Hialeah 1993. We do not store your credit card information. However, numberless Supreme Court cases indicate that there are limits to the prime exercise clause and throughout American history, religious practices seem to be limited to the acceptance of the practice under accepted social mores. You do not really have to read the main body to know what it was about, which is the ultimate point of a good conclusion. Civil question or problem will you be thinking about. I say petition because it includes you and what you think. The First Amendment in Schools: A Guide from the First Amendment Center, Association for Supervision and Curriculum Development, 2003. Retrieved 13 February 2014. Do you think the Progressive framers would approve of the way the process has been used thus far? The first Amendment is important for a lot of reasons, one being that it allows us to show our individuality and uniqueness.

    First amendment religion essay - Retrieved April 19, 2013.

    Words: 1097 Length: 4 Pages Document Type: Thesis Paper : 18072062 The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Wilma's murder Dershowitz, 2002; Zalman, 2008. Assuming that no such unwarranted search was actually being conducted, there was no impermissible search and seizure of Fred's home. Provided Fred still reasonably believed that he was free to terminate the interview and leave when he volunteered the confession, that evidence should not be excluded under Miranda and related doctrine and principles. However, the police did seize Fred's vehicle, which was an impermissible…… Words: 1441 Length: 4 Pages Document Type: Term Paper Paper : 68534280 Pharmaceutical Law Perhaps one of the greatest ethical challenges of pharmaceutical marketing will be a result of overreach of the Justice Department with respect to its interpretation of the First Amendment. Indeed, in his dissenting opinion in Sorrell v. A pharmaceutical manager would do well to observe how contemporary views about free speech and the robust influence of money -- whether legitimate or corrupt -- have on the pharmaceutical industry. The influence of the digital age on commerce and communication cannot be overstated. The strength of this influence is particularly evident in the article on off-label promotion Berman, 2012 and…… Words: 716 Length: 2 Pages Document Type: Research Paper Paper : 29932237 Tennessee v. The case involved the excessive use of force with regards to felony cases. The decision of the court and the reasons given will also be looked into. The agreements and disagreements that followed will also be discussed. Court Decision At the end of the trial the court granted a motion in favor of the police department and the city. The court also found for the other defendants on all issues. When the plaintiff appealed, the Sixth circuit upheld parts of the district court's verdict, but dismissed the cases against individual defendants. The upper court in its decision remanded with respect to a Supreme Court decision in the case of Monell v. Department of Social Services, in which the court held that municipalities could be subject to liability the U. Code title 42, section 1983 Blume, 1984. The district court was further instructed to weigh whether the city…… Words: 997 Length: 3 Pages Document Type: Essay Paper : 64885383 Public Safety vs. Individual Rights The balance between public safety and individual rights is a delicate one. Assuring public safety as well as privacy and freedom from unnecessary harassment and security procedures is usually not all that hard to pull off but there are situations and instances where it can be very dicey. Easy examples that come to mind are political events, DUI checkpoints and so forth. Other people decry and condemn anything that infringes upon the rights or convenience of those that are not doing anything wrong. While not the cleanest solution, the balance that must be struck is somewhere in the middle and it is rare that all sides are placated and left with no complaints. Analysis One dimension of the public safety vs. Constitution: Congress make law respecting establishment religion, prohibiting free exercise thereof; abridging freedom speech, press; people peaceably assemble, petition Government a redress grievances. Photography as art: Walter Benjamin on photography The invention of photography was initially viewed as a challenge to conventional forms of art because it could more perfectly replicate the surface of reality than any human brushstroke. However, artists were able to meet this challenge through using the human imagination and decentralizing the emphasis on replication. But Walter Benjamin argued that photography still posed a very profound and troubling challenge to art. Before, when people gazed at art, they were gazing at something recognizably 'other' that could not be reproduced and was an object with its own integrity. In contrast, a photograph can always be reproduced in its entirety and thus exists as a commodity. A confession is considered to be involuntary if the confession was not obtained from a rational intellect and a free will. This definition includes a prohibition on confessions that are physically coerced such as torture , but also against psychological ploys that are deemed to be coercive. In fact, coercion by the police is the necessary factor in determining whether or not a confession is involuntary. This means that the circumstances of the confession are the main issue, and if they are found to be coercive, then the confession is not admissible. 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. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hearing is scheduled. It focuses on the evidence and if there is enough to warrant a trail. If the judge is convinced there is enough evidence, they will schedule a date and time for a jury trial. This is when there will be series of hearings challenging the discovery process, the evidence and any that could have been collected in violation of the Constitution. In these situations, the judge will rule on the evidence and determine which items can be included at trial. During the process, both sides will call witnesses and try to prove their case. Hess, 2014 Parpworth, 2012 At the heart of these issues…… Words: 580 Length: 2 Pages Document Type: Essay Paper : 60611566 Criminal Justice -- Three Strikes Law Decades ago, America got tough on crime, especially when it involved habitual offenders. In order to reduce crime, at least 26 states passed Three Strikes Law giving especially long sentences to those offenders. The original Three Strikes Law had consequences that outweighed the benefits, so many states have amended or otherwise revised Three Strikes, usually reducing or eliminating mandatory maximum sentences and giving judges more discretion. While states still wish to be tough on crime, they want to ensure that the benefits of Three Strikes Law outweigh its consequences. It supposedly reduces crime in two ways: by making…… Words: 1155 Length: 4 Pages Document Type: Term Paper Paper : 27869181 Lewis felt that the Omnibus Crime Control and Safe Streets Act of 1968 law were in violation of the second amendment. This law prevented convicted felons from possessing firearms. However the court observed that since convicted felons weren't allowed a large number of their fundamental rights such as voting, holding office or serving on a jury. Therefore they felt that the firearm arm law did not violate the constitution as it was not based upon the constitution nor did they violate liberties set by the constitution. Impact on people The second amendment has had a lot of impact on the American public. It has divided them. There are some who actually doubt the value of the amendment. Some people are for gun control as they believe it to be the cause of rising crime. People believed that the second amendment isn't worth the fundamental rights. They believe that it has…… Words: 1189 Length: 4 Pages Document Type: Research Paper Paper : 77314487 Fourth Amendment states that law enforcement officers need to receive permission from a legal authority in order to be able to look for evidence or seize objects that might contribute to providing information concerning a criminal act. The context of the amendment and the process of incorporation mean that it can only protect individuals when government officials are involved. It does not protect people in a situation concerning private individuals and this generates much confusion with regard to the degree to which a warrant can affect a person. The goal of this policy is to increase revenue, develop technological infrastructure and to increase competition in the telecommunication sector. Analysis of Canadian Telecommunication Act In recent times, amendments have been made in Canadian Telecommunication Act. According to the policy, restrictions in the telecommunication sector ensured that Canadian companies remained in competition and earth stations, submarines cables and satellites had to be owned by Canadians and not by any foreigner Beaudry, 2010. Voting shares also had to be owned by Canadians. It also required that the board of directors of that carrier had 80%…… Words: 4967 Length: 15 Pages Document Type: Term Paper Paper : 98299594 District of Columbia v. Heller District of Columbia vs. Supreme Court's single biggest intervention in Second Amendment jurisprudence. The case was one which had been deliberately manufactured by a small cadre of ideologues: the case was organized and funded from the first by Robert Levy, a Senior Fellow with the libertarian Cato Institute. Levy cherry-picked a diverse group of defendants in order to argue that a broad spectrum of persons were adversely affected by the Dicstrict of Columbia's handgun band left without an ability to defend themselves. Levy's plantiffs found their initial suit…… Words: 1977 Length: 6 Pages Document Type: Research Paper Paper : 54174002 U. CONSTITUTION The effect that ever changing societal values have on the Supreme Court's interpretation of the U. Constitution The effect that ever changing societal values have on the Supreme Court's interpretation of the U. Constitution The effect that ever changing societal values have on the Supreme Court's interpretation of the U. Constitution Constitution represents the supreme law that directs political, social, cultural, and economic aspects of the nation. All other laws must be in line with the constitution in order to be effective and efficient in their application. Social or societal values have continuous effects on the interpretation of the constitution. The main objective of the constitution is to protect the interest of the individuals in the society. This objective makes the constitution relevant to the societal values within the context of the United States of America. The societal values keep changing in the contemporary world thus resulting into…… Words: 1013 Length: 3 Pages Document Type: Term Paper Paper : 95651509 The first route entails that the House and the Senate must each ratify the proposed Amendment by a two-thirds majority. Then the bill must be ratified by three-fourths of the states' legislatures within a reasonable time period. The second method would be for the creation of a Constitutional Convention to hear and propose the amendment to the states; this method also requires three-fourths of the state legislatures to approve the amendment. This second procedure has never before been used to amend the U. In either case, however, it would take a number of years before the Amendment for Total Equality would become law. Furthermore, consitutional amendments are historically rare, and the proposals signficantly outnumbers the legal amendments. Several steps can be taken to ensure the timely implementation of this much-needed constitutional amendment. Proponents of the proposed Amendment for Total Equality have a steep uphill battle to climb. The tide…… Words: 2924 Length: 9 Pages Document Type: Thesis Paper : 94027361 difficult buy a gun, a U. MLA standards 8-12 sources, 12-20 citations. And its position concerning gun control. With recent events such as the Newtown, Connecticut a mass shooting involving 29 persons shot dead dominating media devices, the public has become agitated concerning gun laws. The fact that these legislations provided an environment where guns can be used by a series of controversial individuals triggered alarm and influenced the masses to lobby with regard to reform. Even though gun control is especially important when considering conditions in the contemporary U. Today, some critics argue that Due Process is a thing of the past, what with the passing and signing into law of the National Defense Authorization Act, which authorizes the military to arrest and detain indefinitely civilians suspected of being terrorists. Nonetheless, it is not the lawmakers who have traditionally defined Due Process but the courts. It will also include a brief discussion of the conflicting positions of Justice Hugo Black and Justice Felix Frankfurter with respect to the incorporation of rights under the Due…… Words: 3906 Length: 10 Pages Document Type: Term Paper Paper : 22337423 The student journalists sued, citing the Tinker standard Hazelwood School District v. Instead, the issue was whether a school official had the right to censor school-sponsored publications if they believe the material is inappropriate for some students, or that the material will disrupt the school atmosphere. Rather than being a question of power over dissent, the issue was over pedagogical concerns Hazelwood School District v. In a 5-3 vote, the Court ruled that the school did have a right to censor school-sponsored publications when their reasoning was based on legitimate concerns about the educational atmosphere. In their decision, the Court noted the difference between private student speech and student speech that is sponsored by the school. Since the…… Words: 2010 Length: 6 Pages Document Type: Term Paper Paper : 39868311 As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded on the basis of the exclusionary rule while the physical evidence is excluded on the basis that it's the fruit or product of illegal interrogation. The significance of the exclusionary and the fruit of poisonous tree doctrine is that they both provide a deterrence approach regarding criminal investigations and the admissibility of evidence obtained from the investigations. Based on constitutional and federal violations, these legal concepts are based on deterrence as the rationale and exclusion as the remedy Pitler, 1968, p. In the scenario involving the warrantless search and seizure of Ellis household, the exclusionary rule and the fruit of the poisonous tree doctrine are significant in determining legality of the investigation and the admissibility…… Words: 1214 Length: 3 Pages Document Type: Term Paper Paper : 63047855 Powell was followed by the Court's decision in Brown v. Mississippi which threw out the coerced confession of a defendant in a state criminal case and was a harbinger of what would occur in the early 1960's by the Supreme Court led by Chief Justice Earl Warren Brown v. The breakthrough case for this approach came in the case of Mapp v. In Mapp, the majority…… Words: 1796 Length: 6 Pages Document Type: Essay Paper : 43349471 legal principle, Due Process, encapsulates all the guarantees to the rights of an individual or a group. The provision for these rights in the Constitution simply means that the interests of the individuals and groups covered by it are protected. The fundamental human rights include right to life, liberty, and the acquisition of property. Some people believe that individuals should also have a right to the pursuit of happiness. A critical look at Due Process reveals that it links to justice and fairness in every proceeding. The practice of viewing Due Process in this way is known as Procedural Due Process Rogers et al. It then means that due process of the law could also be those statutes the legislative arm enacts. The Constitution clearly defines and separates Federal and…… Words: 957 Length: 3 Pages Document Type: Term Paper Paper : 47529063 Since most of the drafters of Arizona's Constitution were Progressives, the state's constitution included the initia-tive, referendum, and recall. However, since President Taft condemned recall of judges, and, a therefore, vetoed Arizona statehood, Arizona eliminated the recall of judges until after they became a state when they consequently pushed it through. Part II-Write a reflective analysis on the amendment process for the Arizona Constitution. Does it give too much power to the people? Do you think the Progressive framers would approve of the way the process has been used thus far? The Arizona Constitution has undergone more amendments than the American Constitution itself has since Arizona became a state in 1912. Since the Progressive framers wanted to give rights to the people and since many of the amendments deal with curtailing the power of the judges and authorities, they would have…… Words: 1787 Length: 5 Pages Document Type: Essay Paper : 14107082 Law Is a Reflection of the Morality of the Time: The evolving judicial interpretation of the Constitution Constitution has become such a respected document and holds such an important place in American life it is often conceptualized as a transcendent, ahistorical work of literature. However, the ways in which has been interpreted over the years have been profoundly influenced by cultural values and morality. These ideas can be highly specific to the age when various Supreme Court decisions are written. Perhaps the best example of this is desegregation, whereby the 19th century Supreme Court allowed states to enforce the separation of the races by virtue of its Plessy v. Plessy was later overturned in Brown v. Board of Education, in deference to changing ideas about race. The Tenth Amendment accomplishes this by stating explicitly that the federal government can only exercise those powers enumerated within the U. All other powers are left to the states. Those which are to remain in the State governments are numerous and indefinite. The Tenth Amendment therefore allows states to retain their freedom, sovereignty, and right to self-determination, as long as it does not conflict with the powers conferred to the federal government by the Constitution. Madison, however, never viewed the…… Words: 1435 Length: 5 Pages Document Type: Term Paper Paper : 76602138 Further, the American government and political system was built on multi-cultural, multi-religious and multi-denominational principles Marcel, 2004. American is not a Christian nation, or at least it was not created on this ideology. Rather historically America has often been referred to as the 'melting pot' where people could seek refuge from persecution on the basis of religion or other practices or beliefs that might be considered personal and individual. Religious fundamentalism has not wrought success in other countries such as Saudi Arabia or for people living under the rule of the Taliban Marcel, 2004 , and thus is also likely to fail as the primary basis for government regulation in this country. The role of government is to make decisions that support the good of the whole rather than the good of individuals; by nature the law should not determine whether or not something is morally correct or fair Marcel, 2004. 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. 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…… Words: 870 Length: 3 Pages Document Type: Research Proposal Paper : 6469424 Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted the wheat for use on his farm, including feed for his poultry and livestock. He argued that the excess wheat was unrelated to commerce since he grew it for his own use. The question in the matter was: Is the amendment subjecting Filburn to acreage restrictions in violation of the Constitution because Congress has no power to regulate activities local in nature? The Court Concluded: According to Filburn, the act regulated production and consumption, which are local in character. They counter argumnents I invalidated Counter Arguments Violation Second Amendment Right Gun control laws directly violate a citizen's bear arms granted amendment constitution. There is much controversy with regard to gun-control laws and to the effect they have on society in general. While individuals in the U. In particular have been accustomed to living in a gun culture, more and more people have started to express doubt with regard to pro-gun laws and to whether or not they help the masses feel safer. The government has attempted to introduce a series of gun laws in recent years with the purpose of controlling the general public and in order to make it more difficult for potential criminals to get their hands on firearms. The Supreme Court disagreed with Plessy's assertion. The Court determined that racial segregation did not imply that Blacks were inferior. Furthermore, the Court found that the facilities provided to Blacks and whites were of equal quality. Because of this, the Court determined that separate but equal facilities did not violate the letter or the spirit of the Fourteenth Amendment. The decision in Plessy helped legalize segregation in the United States. In fact, even in the face of overwhelming evidence to the contrary, the Court repeatedly found that the facilities provided for whites and Blacks were equal. The decision in Plessy was the definitive law on segregation until Brown v. In Brown, the plaintiff alleged that being forced to attend a Black-only school was a violation of the Fourteenth Amendment. Because…… Words: 1955 Length: 6 Pages Document Type: Thesis Paper : 846181 Schools are legally allowed to mandate uniforms for sports as well as protective gear. Although schools cannot restrict hairstyles, certain they can ban certain types of clothing ranging from low-rise jeans that show panties to trench coats that might conceal weapons. The courts can and do balance public safety needs with First Amendment rights. School uniforms are not necessary to improve school safety, even if dress codes might be. Legal precedent proves that school uniforms pose a genuine threat to student freedoms and constitutional rights: those protected by the First Amendment to the Constitution. School uniforms are unconstitutional because they prevent students from expressing their allegiance with social organizations or with their religious and cultural heritage. Clothing can become means of self-expression and identity formation…… Words: 2834 Length: 8 Pages Document Type: Thesis Paper : 30967963 The framers did not mention police departments or other local governmental units, which has led to some misconceptions about the right of people to arm themselves when protected by municipal government agencies. However, this is because municipal police forces, as they currently exist, did not exist at the time of the Revolutionary War. The closest approximation was a standing army or militia, and the concerns about the citizenry failing to arm themselves in that scenario were made clear in the debates and documents leading up to the ratification of the Constitution. Modern Views on Gun Control However, some time people ratification of the Constitution and modern times, the issue of gun control became one that divided people along ideological lines, rather than one about which people were united. States in America are frequently referred to as either red or blue, with red states representing Republican strongholds and blue states representing…… Words: 1564 Length: 5 Pages Document Type: Term Paper Paper : 63923891 Both the U. Senate and the U. Congress are slowly coming to the realization that they will have to address this issue which the Bush administration left behind to muddy the waters of citizen privacy rights in combination with the cases that are presently awaiting an appeal in the appeal courts throughout the United States due to violation of their rights to privacy during search and seizures arrests. Bibliography Panetta, Toni nd The U. Harvard Civil Rights-Civil Liberties Law Review Vol. Arkin Kaplan Rice LLP in New York. However, among the good characteristics it presents is the recognition and treatment of people with dignity, rather than which it was during the barbaric justice ways. The document called constitution facilitates various written rules and regulations that govern the daily activities of individuals. The constitution also aids significantly to the administrative practices in a country or an organization Kanovitz, 2010. Thus, the constitution facilitates the peaceful coexistence and interaction among people. It gives the rights and responsibilities of people, animals, organizations and the ruling authority. These laws and regulations governing human interactions in pursuit of justice have various sections. Such include, due process, substantive and procedural due processes and equal protection. Due Process Due process is a tenant of criminal cases applied in the making of the presumption that the accused…… Words: 1409 Length: 4 Pages Document Type: Essay Paper : 91394455 Same-Sex Marriage Constitution Same-Sex Marriage and the Constitution In May of 2009 two same-sex couples filed suit to stop the implementation of California's Prop 8, which defined marriage as between one man and a woman and effectively made marriage between those of the same-sex illegal. While this case has been played out in the courts for three years, the Supreme court of the United States has recently heard oral arguments regarding this case and will soon make a decision as to the constitutionality of California's Prop 8 law. Mears But the issue of same-sex marriage is currently at stake in a number of states and the decision made by the court could have an effect that reaches far beyond the borders of California. Many different states have differing versions of laws which allow for the legal recognition of same-sex couples, ranging from civil unions to outright recognition of marriage. While…… Words: 1053 Length: 3 Pages Document Type: Term Paper Paper : 16288381 Protecting Liberty Individual rights Bill of Rights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U. Since these Amendments were first adopted by the ratifying states the courts have interpreted the intent of each and created rules that attempt to keep the government from running roughshod over these rights. In 1944, the Federal Rules of Criminal Procedures were generated by the Supreme Court and Congress turned them into law LII, 2010. One of the most important rights is to be free from unreasonable searches and seizures under the Fourth Amendment LII, 2010. A warrant issued by a magistrate or judge is typically required before a police officer can enter a private citizen's residence or other property and conduct a search. In addition, the focus…… Words: 1073 Length: 3 Pages Document Type: Essay Paper : 2387117 Mapp V. Ohio Over the centuries, there has been considerable debate as to the application of the Bill of Rights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government i. Baltimore and United States v. However, with the passage of the Fourteenth Amendment, these states were obligated to follow them. This has shifted the debate as to if this aspect of the Constitution is relevant to state and local officials. To determine if this is correct requires examining a fictional case in contrast with Mapp V. This will be accomplished by carefully studying the facts of the case, the Fruit of the Poisonous Tree Doctrine under Mapp V. Ohio , the application of the rule of law and discussing how this would affect the ruling from the fictitious scenario. Constitution was adopted, each of the states had its own military force comprised of part-time soldiers, and the militia was 'well-regulated' in the sense that its members were subject to various requirements such as training and engaging military exercises away from home. Power is invested in institutions, not simply in people or customs. The Magna Carta of 1215 was a written document that placed limits upon the exercise of the king's…… Words: 1149 Length: 4 Pages Document Type: Essay Paper : 11966271 Acquainted With the Law Various Law Terms-3 Insider Trading This is either legal or illegal Priebe, 2012. It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. They file the required information with the Securities and Exchange Commission at regular periods Priebe. Illegal Insider Trading This is conducted by trusted person but violates that company's trust Priebe, 2012. The person is usually someone who enjoys fiduciary trust in working for and keeping the best interest of the company or its shareholders. He may be an officer, a director or an outsider who has access to confidential information about the company. That outsider may be the company's banker, auditor, or lawyer. In general, he is an insider who gives or receives inside information or tips Priebe. Characteristics of the Inside Information It must be important and private Priebe, 2012. While there are practical and common-sense applications for gun ownership and rights, there are some weapons that probably shouldn't be in the hands of normal civilians and some people should not be allowed to own guns period due to things like felonious history, mental health issues and other similar conditions. There has always been a butting of heads regarding what the Second Amendment refers to and what it does not. Conclusion: In the three cases, the application of the provisions of the Fourth Amendment could have been helpful in ensuring that the officers conducted their searches more efficiently. Ohio, they could have avoided using forceful and illegal means to obtain evidence. Similar to these two cases, they could have conducted more efficient search and seizure in Rochin vs. California by respecting the person's privacy and avoiding use of force. Police and the law. In Police 1st ed. Delmar, Ohio: Cengage Learning. Essortment -- Your Source for Knowledge. Debs, who was a leader of the Socialist Party in the United States, proffered a speech in Ohio that protested the United State's involvement in World War I. It was during this speech that Debs encouraged socialism and -- more to the point -- he specifically spoke very highly of Americans who had refused to serve in the military as well as praising those individuals who had prevented military recruiting. The case was similar to that of Schenck v. United States 1919 in which Schenck was arrested and sentenced to 10 years in prison for distributing pamphlets that opposed the draft. The 1st Amendment is there to protect individuals' freedom of speech and the 1st Amendment does, indeed, give individuals the right to put down certain elements that they might not like about they government or the military, for that matter. That is because religious people would like for their children to be able to follow their religious teachings by praying in school but people who are not religious would prefer that religion was kept out of the public schools altogether. Prayer in public schools is also sometimes a problem for people who are religious but whose religions are not the religious traditions recognized in school prayers. The debate actually demonstrates the two fundamental ideas addressed by the First Amendment to the U. Constitution: 1 the establishment of religion by the government; and 2 the infringement of the free exercise of religion by the government. The Two Constitutional Issues: Religious Infringement and Religious Establishment When the Colonialists first left Britain to establish a new society in North America, one of the most important…… Words: 1261 Length: 3 Pages Document Type: Term Paper Paper : 34147644 United States Constitution, the Articles of Confederation, the Declaration of Independence, and the Great Compromise The Articles of Confederation was the first document attempting to govern how the newly independent states were to act together in their union. However, the Articles of Confederation had significant flaws that rendered them an unrealistic tool for the government of the new states. While not all inclusive, the following are some of the weaknesses of the Articles of Confederation: the federal government could not tax or regulate foreign and interstate commerce; each state had a single vote in Congress; there were no federal Executive or Judicial branches; Amendments required a unanimous vote; and a significant majority 9 of 13 votes was required to pass legislation. The result of the Articles of Confederation was that the states engaged in constant bickering, which could not be resolved by the Federal government. The states failed to provide…… Words: 1432 Length: 4 Pages Document Type: Essay Paper : 24745332 Anti-Miscegnation Statutes in the United States Anti-Miscegenation Statutes in the United States Previous to Loving v. Virginia, there were several cases on the subject of miscegenation. Alabama 1883 , the Supreme Court made a ruling that the conviction of an Alabama couple for interracial sex, confirmed on the plea by the Alabama Supreme Court, did not disrupt the Fourteenth Amendment. On plea, the United States Supreme Court made a ruling that the illegalization of interracial sex was not a defilement of the equal protection clause since whites and non-whites were penalized in equivalent amount for the wrongdoing of involving in interracial sex. The court did not see the need to sustain the constitutionality of the prohibition on interracial marriage that was likewise part of Alabama's anti-miscegenation law. Alabama,…… Words: 1051 Length: 3 Pages Document Type: Research Proposal Paper : 67663367 g. In the Crown Heights riots 1991 in Brooklyn, New York, Lemrick Nelson was on trial for violation of federal civil rights laws he allegedly killed a Jewish student. An…… Words: 819 Length: 3 Pages Document Type: Term Paper Paper : 28447239 Religious Freedom-First Amendment Church of the Lukumi Babalu Aye v. City of Hialeah Religious Freedom is one of the key principles on which the foundation of our country was laid. United States has always supported and endorsed free exercise of religion and this right has been considered so important that it became part of the First Amendment, which clearly 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. The debate surrounding the issue of gun possession and a prohibition of the same is a thorny issue and as such, it has been an elicited debate at different levels of government in the United States. For the purpose of this paper, the discourse will take a multi-angle analysis of the contents captured in the aforementioned article. The assassinations of Dr. Martin Luther King Jr. And President Kennedy ushered in a new constitutional dispensation, which was characterized by the legislation of strict federal laws aimed at controlling the proliferation and possession of guns among the citizens. This law on gun control remained in force for about three and a half decades a democratic-controlled…… Words: 344 Length: 1 Pages Document Type: Term Paper Paper : 55700475 Curtailment of free speech, in any form, is an incremental step in the wrong direction and is in direct opposition with the fundamental principles on which this nation was founded. While I do not believe I personally would burn a flag, I fully support the right of others to express their opinions in such a manner. While Justice Rehnquist states that desecrating the American flag is not required for the expression of ideas, it should be noted that neither is a picket or a hunger strike or a march. While none of these is required to express ones dissention or opinion, they are all instruments through which we can do so. As such, the desecration of the American flag should be protected no differently than the aforementioned demonstrations. Flag burning and free speech. University Press of Kansas. Was the Flag Burning Amendment Unconstitutional. This was a challenge to a Washington D. The court ruled that the law was a violation of the Second Amendment. As they felt that the right to: a militia and bear arms was linked directly to every able body person. Therefore, carrying a weapon on your person is supporting these objectives of: exercising your Constitutional rights. The information from this source is useful, because it highlighting how passing various gun control laws could be challenging after this case. As they talk about the case United States vs. Cruikshank and how it is relevant to the Second Amendment. Terrorists not only managed to slip through the immigration and airports but also managed to live, train and plan within the United States for many years. The resulting fear of other terrorist groups who might have been living and training in U. In this regard, congress came close to passing the patriot Act that offered the government more powers to go after the terrorists. Nevertheless, security has since been tightened at the airports, borders and ports. Moreover, department of homeland security has since been created to monitor and control the efforts Lyon, 2007. Why government surveillance violates our constitutional rights The government surveillance has no authority to have round the clock information of our religion, sleeping and waking hours, a person making calls to his friends,…… Words: 1083 Length: 3 Pages Document Type: Term Paper Paper : 26310026 Compensation and Benefits: The Family and Medical Leave Act The Family and Medical Leave Act FMLA The FMLA came into effect on 5th August, 1993. The Wage and Hour Division of the U. Department of Labor DOL is responsible for its administration. The law covers all employees in the state, including those in the private sector and a majority of those in the congressional and federal sectors. This could extend to 26 weeks, over the same period, in cases that involve serious illness or injury. The decision as to when the one-year period should actually begin is dependent on the employer and the policy of the organization. In the past, the FMLA has been amended a number of times…… Words: 2167 Length: 7 Pages Document Type: Term Paper Paper : 99978736 Polygamy On the surface, and with the most shallow of analyses, polygamy would seem to be protected by the First Amendment freedom of religion clause because polygamy in the United States is mainly a phenomenon among specific religious groups -- namely Mormons, fundamentalist Christians, and Muslims Turley. In fact, even a polygamous marriage that was not rooted in religious tradition could be protected under the Due Process clause, which basically encompasses right to privacy Hamilton. Indeed, the state of Utah's Supreme Court and the Supreme Court of the United States have heard numerous cases related to the constitutionality of polygamy. The stigma against polygamy remains strong, and has been…… Words: 1794 Length: 5 Pages Document Type: Case Study Paper : 62018456 Here, the Plaintiff and all of the members of the God Squad were arrested and removed from school property by police. The police acted on probable cause that the group was inciting violence on school property after observing their offensive and disruptive behavior. Additionally, the Plaintiff was given an arraignment, charged with trespassing, disturbing the peace, and inciting a riot, and was released on bail to the custody of his parents. Thus, the police were acting in accordance with the law. So, there was no false arrest. Conclusion Upon review of the facts and evidence, it can be clearly seen that the Defendant acted in the best interest of the school in protecting and preserving the campus as a safe and nurturing learning environment. Furthermore, the Defendant did not violate the Plaintiff's First Amendment Rights because the rights being argued by the Plaintiff do not exist on the limited forum…… Words: 546 Length: 2 Pages Document Type: Term Paper Paper : 71683509 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. Likewise, those seeking same-sex unions should look long and hard at the legalities involved in what they are seeking. 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. In sociological terms, this problem is to do with the lack of meaning and the breakdown of inherent normative structures. In this sense the debate about gun control should be seen against the underlying background of these sociological issues. Even if a compromise was be reached about whether or not to have gun control, there would still be underlying structural causative features that would need to be addressed and which are the source of this problem in the first place. The Global Gun Epidemic: From Saturday Night Specials. New York: Praeger Publishers. Deviance and Social Control. Serial Murder: An Elusive Phenomenon. New York: Praeger Publishers, 1990. Retrieved November 21, 2009…… Words: 2852 Length: 10 Pages Document Type: Capstone Project Paper : 27207922 Gun Control vs. Crime Rate Gun ownership in Virginia and the effects it has on crime rates There is much controversy regarding gun laws and the effects that they have on crime levels, as many are inclined to believe that they reduce the number of gun-related offences while others believe that they actually amplify the chances of a person being shot. American culture has come to be a gun culture, considering that guns are present in a series of environments related to American traditionalism. The mass media constantly bombards the masses with gun stories and vivid images displaying guns as being an active part of society. The Constitution of Virginia is focused on protecting people's rights to bear arms and it prevents the government from taking away this right. Specifically this work will answer as to what can be legally done and what sanctions might be put in place. This work will identify stakeholders and makers of the program and who would be involved in providing input during the programs development stage and what problems with the cultural environment might exist in addressing this problem. Further, this work will answer as to what might assist or present as a barrier to the program and examine historical implications and treaties or amendments that might be enforced. This work will additionally address how the…… Words: 1627 Length: 5 Pages Document Type: Thesis Paper : 81922371 Government Mandated Gun-Free Zones THERE SHOULD BE NO GOVERNMENT MANDATED GUN-FREE ZONES IN PUBLIC SPACE. Banning guns for masses and establishing gun-free zones are one of the most controversial topics in American politics. There are clearly two schools of thoughts on this subject. The right to keep a gun and displaying it publically is directly related to individual's rights under the second amendment of the prevailing constitution. However, despite the recognition of the citizens' rights, one cannot ignore the dangers of gun-free zones. Every year, there are cases reported, resulting from arms used in the gun-free zones. Maximum cases were reported in educational institutions where ammunition was used by children and teenagers. Publically mandated gun-free zones have resulted in loss of many precious lives. There have been many cases reported where emotionally unstable individuals killed number of individuals in the public place. The first moral obligation Carla has is to the law: it is illegal to discriminate against someone because they have an illness, if that illness does not substantially affect the employee's job performance. In this case, there is no concrete evidence that Tom's rumored illness has affected his abilities as a worker. The second moral obligation Carla has is to the truth. The evidence of Tom having AIDS is based upon second-hand testimony from his ex-wife, and Carla only convinced herself that Tom may have seemed thinner after hearing Frances' comments. Tom's illness does not seem as bad, objectively, as Carla's fears suggest. Carla also has a moral obligation to honor Tom's loyal service and evident qualifications for a promotion. What ideals, obligations, and consequences must Carla Lombard consider?


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