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The case present before us involves the constitutionality of a dog sniff in regards to the 4rth Amendment. The respondent claims that the police officer, a representative of the State of Florida lacked probable cause to search the vehicle. The dog used in the operation, Aldo was not reliable since his detector certification had expired. Also, the officer did not maintain a record of his field performance alerts. As a result, the respondent contends that Aldo’s alert was false thereby diminishing the validity of probable cause. On the other hand, the State of Florida counters by arguing that probable cause is a flexible common sense standard and requires only a fair probability and not hard certainties. Moreover, the officer who had trained with the dog is the best judge of the dog’s credibility as opposed to the Court’s especially since law enforcement agencies act with good faith. Consequently, defense counsel moved to suppress the physical evidence as the product of a warrantless search without probable cause. The trial court denied the motion to suppress but made no findings. The respondent then appealed to the Florida First District Court of Appeal. They affirmed. Harris v. State, 989 So. 2d 1214 (Fla. 1st DCA 2008). The Florida Supreme Court quashed the lower court decision. Harris v. State, 71 So. 3d 756 (Fla. 2011). The Court scrutinized the case under the totality of the circumstances test established in Illinois v. Gates, 462 U.S. 213 (1983) and concluded that Aldo’s reliability, was not enough to demonstrate probable cause.…
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Though not affecting any candidates in the field, having an amendment be ratified during the election cycle is historical. The twenty second Amendment was ratified during this election. This laid out the two elected term limit for presidents. (1948 Presidential Election)…
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Today though, President Obama has been dealing with much different circumstances. Upon entering office during the “Great Recession” he was faced with an exploding unemployment rate, a crashing stock market, as well as a decrease in national GDP. In order to prop up the economy, Obama continued the stimulus packages enacted towards the end of the Bush administration. Instead of the climbing inflation rates that Reagan faced, Obama…
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With citizens having the right to make their own decisions in life that includes having the right to pick and vote for their choice of any representatives in government. But if term limits were to make its way into the Constitution, they would infringe on American citizen’s rights and free will to select their choice of representatives in any office. According to the article Are Term Limits Undemocratic?, “term limits were undemocratic because they prevented voters from freely exercising their judgement to retain experienced representatives if voter wished” (Elhauge 1997). If term limits were required, the question that would be asked is why should voters be punished and deprived of their choices of representatives all because that person has already served the time allotted to government representatives. Many Americans often times vote for the same representatives in office, but if term limits were put in place then they would determine who could or could not run for office at any…
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Following the death Franklin Delano Roosevelt, which occurred during his fourth elected term as president, the United States Congress passed the twenty-second amendment, which put into writing a previously unwritten tradition of the presidency. This tradition, set in place by George Washington in 1797 and further cemented by Thomas Jefferson, had remained in place for 144 years before it was finally broken. While a few previous presidents had tried to run for a third term, it was only FDR who succeeded. Grant tried to run but lost his party’s nomination to Garfield, Grover Cleveland attempted a third term but could not garner enough support, Theodore Roosevelt lost to Woodrow Wilson when Theodore attempted…
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Having two terms is enough time for a president to accomplish something. In your first term, you study and do research on what needs to be done. At the end of the first term and throughout the second term, you should do whatever it is that you are trying to accomplish for the country. I am grateful for what our founding fathers have created by limiting the amount of terms…
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4th Amendment - Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate…
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In approaching the 22nd amendment of the Constitution, I strongly feel that it should be left alone because either President Clinton or Bush should be allowed to run for more than two terms. American people are use to being able to vote for a new president especially if the one that is in office is not doing a…
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Having an unlimited number of terms is very excessive. People would become tired of the same president for years and years. This allows prohibits those who don’t support the president to have the same person, with the same ideas run the country for years on end. Congress would be tired of working with the same president so little would get accomplished. The 22nd amendment was put in place after Franklin Delano Roosevelt was president for four terms. Since he ended up dying during his four term congress created the amendment limiting a president to only two terms. By adding this amendment to the constitution, it prevents the president from causing corruption and becoming senile as they become older. I also don’t agree with idea of having a president only be able to serve one term that last six years because that would be a very lengthy amount of time for only one term. Holding an election every six years seems like too long a time to get the opinions of new generations. Elections measure the opinion of the public, so holding election every six years wouldn’t be an accurate representation of our country as a whole. Having a term be four years allows the people to vote for other candidates if they don’t support the current president or their beliefs have changed. It also allows us to keep the same president for another 4 years if they are a good leader for the…
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The conflict this amendment addresses is if there should be presidential term limits or not.…
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The approach to change the amendments for our future and current presidents and holders of other offices should not be modified in the intent of bettering the community. "The Nations first president had the opportunity to be elected for a third term, but declined it, suggesting that two terms of office was enough for any president." As source A, states the fact that George Washington had more than enough time to make a difference to society. According to source C "The two-term limit that stood for 142 years was broken by the 26th president; Franklin Roosevelt, and after Roosevelt died in his fourth term, the opposing Republicans heavily supported the draft for the 22nd amendment." The fear of the Democratic Party holding office long after the two-term tradition led to the promotion of the 22nd amendment.…
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The founding fathers created the US government to be one of limited power and rule by the people. This rule by the people was meant to prevent a singular person from wielding all the power. Term limits would limit the amount of time in which a representative could rule, preventing any one person from remaining in power. Furthermore, political author George Will (1992) writes, “term limits were included among the 15 resolutions of the Virginia Plan submitted to the Constitutional Convention in Philadelphia,” but weren’t included in the constitution because the measure was considered too detailed (p. 2). Lastly, no constitutional law expressly outlaws term limits.…
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The Fourteenth Amendment was a direct outgrowth of the national debate over slavery1, and the subsequent emancipation of the slaves during the Civil War. In the aftermath of that war, Congress confronted a number of thorny issues: what would be done about the rebel leaders? Would the defeated states contribute to paying off the Union’s debts? Would slave owners be compensated for the loss of their property? What measures would be required of the defeated states as a condition of their full re-admittance to the Union? Two cases that took place before the creation of the Fourteenth Amendment are particularly important, considering that in a way or another they would help shape this Amendment: Barron vs. Baltimore and Dred Scott vs. Sanford.…
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The Supreme Court stated the only way imposing term limits could be constitutional is by amending the Constitution (Philips, 2016, para. 3); however, this is an exceedingly difficult objective as it would require two-thirds vote from both chambers of Congress, and then must be ratified by at least three-fourths of the states (Phillips, para. 8). Expecting Congress to support an amendment that limits the tenure of their power is quite an unrealistic expectation that would likely have the same amount of their support as say proposing to reduce their salaries or benefits. Members of Congress posses a self-interest in prolonging their tenure in office which, unfortunately, has failed to fulfill the wishes and best interest of the…
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The next challenge i believe the next president will face is how to help the economy. Our nation owes roughly 20 trillion dollars to other countries. The next president needs to bring this amount down, while still helping lower class people. Today, the economy is not able to do anything but hurt lower class citizens. The next president will need to figure out a way to help these people while not raising our debt to other countries. The president will need to be able to understand different situations, and be able to see things from another person's point of view.…
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