4. Congress shall make no law respecting an establishment of religion (the establishment clause) “or prohibiting the free exercise thereof” (the free exercise clause). These clauses guarantee freedom of religion through the separation of church and state.…
“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 Establishment clause for the First Amendment says, “Congress shall make no law respecting an establishment of religion”,…
f. Free exercise clause- which prevents the government from interfering with the exercise of religion.…
The Court established the Exclusionary Rule, which excludes any illegally obtained evidence from any unreasonable search or seizure, improper self-incriminatory statements, situations where defendants’ Sixth Amendment right to counsel to be used in court…
Justice Clark filed the majority opinion saying: That the exclusionary rule applies to all evidence obtained in violation of the Fourth Amendment’s search and seizure clause in all state prosecutions. Since the Fourth Amendment’s right of privacy has been declared to be enforceable against the state through the Due Process Clause, the same sanctions are also enforceable against them. The purpose of the rule is to deter illegally obtained evidence and to compel respect for the Constitution. A state by admitting illegally obtained evidence disobeys the Constitution that it has sworn to uphold. A federal prosecutor may not make use of illegally obtained evidence, but a state prosecutor across the street may, even though they…
To protect the American peoples 4th Amendment right “against unreasonable searches and seizures” from law enforcement using illegally seized evidence in a criminal trial against them, the exclusionary rule was created. The U.S. Supreme Court deemed any evidence illegally obtained inadmissible in a criminal trial, and any other evidence obtained during an illegal search and seizure inadmissible as well. This is known as the fruit of the poisonous tree doctrine.…
Basically the Exclusionary rule as set forth by the US Supreme Court states that any evidence obtained by police through search and seizure, arrest, interrogations and stop and frisk situations or any other evidence despite its relevance can be excluded as evidence. The Weeks v. United States was basically the origin of the Exclusionary Rule in 1914. In Weeks v United States Mrs, Weeks was arrested for shoplifting and attempted to get a note to her husband about this. Law enforcement went to the residence and without a warrant searched the home and found illegal lottery tickets and removed everything in relation to the tickets charging him with a federal crime because there was evidence showing these were handled through the mail. Mr. Weeks attorney filed with the courts this was illegally obtained evidence and should be excluded.…
A. According to the First Amendment, the enactment of any law establishing a religion is prohibited. Under the supervision of the Constitution, Congress cannot interfere with the freedom of religion; however, the Fourteenth Amendment does not allow the states (or their officials) to limit the basic rights of all citizens.…
In clarification this means that the First Amendment of the United States Constitution prevents the government from setting up or establishing an official religion of the country. American Citizens have the freedom to attend any house of worship of their choice. It stops the government from making any laws that may stop people from saying what they feel or…
The First Amendment protects individuals “right to freedom of religion and freedom of expression from government interference” (http://www.law.cornell.edu/wex/first_amendment).…
First Amendment: 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 first amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establish of religion, impeding the free exercise of religion, abridging the freedom for speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.…
The Establishment Clause of the First Amendment to the U.S. Constitution prevents the government from supporting any religion or affiliating itself with any religious organization or doctrine.9 The purpose behind the Establishment Clause is to ensure that the government maintains a…
THESIS: The first amendment of the constitution of the United States protects our right to freedom of speech. However, the freedom to speak should not entitle the speaker to purposely hurt another person by revealing private matters or spreading rumors and lies.…
No citizen can be forced to do something that violates his or her religious views, so the First Amendment protects all those who strongly believe in any religion. No religion is considered more important than another, and no one can be discriminated against based on that religion, meaning that even private businesses can make decisions based on their religious views without punishment. The religious freedom and toleration created by the First Amendment should be considered in laws, social issues, and government actions.…