attitudes‚ and ethics. A highly well-known right given to American’s is the freedom of speech which stems from the first amendment. This prohibits the government from creating any laws that could stop the people from exercising their feelings‚ or speaking their thoughts. American’s deserve the right to share their opinions as well as criticize our government. The first amendment is often seen as our most important right as American’s. In some countries‚ citizens are not allowed to criticize or question
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Fifth Amendment Indictment of Grand Jury The grand jury originated in England‚ under the rule of King John. The king selected the grand jury to be a body of his reign that would accuse no innocent person‚ and would shelter no guilty person. The Fifth Amendment of the United States protects people from self-incrimination by forcing the prosecution to obtain an indictment (complaint) from a grand jury before the case can be presented in trial before a court. Today‚ grand juries are virtually inexistent
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COMMON LAW ORIGIN OF THE 4TH AMENDMENT As is the case with the majority of the legal pronouncements that comprise the Bill of Rights‚ the Fourth Amendment is based on the English common law that was extant in England in the 1600s and 1700s. In fact‚ the Fourth Amendment was directly inspired by three British legal cases – two of which were adjudicated in England and one that was tried in the American colonies in the 1760s. The two cases tried in England‚ Wilkes v. Wood (1763) and Entick v
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against inequality but‚ it wasn’t easy at all because they had to face long struggle known as women’s suffrage movement that give the women right to vote. That’s why the 19th amendment was the results of decades of efforts that women put in order to get granted officially with the right to vote in the form of an amendment to the constitution.
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The First and Second Amendment When the Constitution was written‚ it was not the intent of the authors to assure human rights to its citizenry‚ it was written in order to set up a federal government that would allow the United States to be a self-governing entity‚ and to put in place a system of government that would serve the citizens of the country in the way that they saw fit. After the ratification of the Constitution in 1787‚ “people soon began to notice that it did not list many of
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The 8th Amendment‚ "cruel and unusual" clause. The "cruel and unusual" clause in the eighth amendment states that "cruel and unusual punishment" such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging‚ shooting‚ electrocution‚ and lethal gas. There is still confusion about what is actually constitutes "cruel and unusual punishment." There have been several court cases
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A critical point to be noted is that the Fourth Amendment only applies to government action‚ which includes deputized individuals or those acting at the direction/behest of law enforcement. Additionally‚ the Fourth Amendment requires not only an actual expectation of privacy‚ but also‚ a societally recognized‚ reasonable expectation of privacy in the place or area searched. The Fourth Amendment has been interpreted to: require that searches and seizures be reasonable; and prohibit warrants except
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A. Fourth Amendment: Reasonableness Requirement The Fourth Amendment prohibits unreasonable searches and seizures of persons‚ papers‚ houses‚ and effects by the government. A search or seizure occurs when the government violates a person’s reasonable expectation of privacy. Under two-prong Katz test‚ a reasonable expectation of privacy exists‚ where (1) a person exhibits a subjective expectation of privacy‚ and (2) society deems the expectation objectively reasonable. Under the subjective
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The Constitution of the United States has twenty-seven amendments and out of those twenty-seven‚ I believe the first amendment is the most important. The first amendment protects your most basic needs. The first amendment consist of freedom of speech‚ freedom of religion‚ freedom of assembly‚ freedom of press‚ and freedom to ask the government to right their wrongs. The freedom of speech allows a person to say what they think within reason. When speaking your opinion‚ you should be careful not slander
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BUS230 23 April 2013 Gun Control & The Second Amendment The second amendment states “A well regulated militia‚ being necessary to the security of a free state‚ the right to the people to keep and bear arms‚ shall not be infringed.” To an average person this means that anyone at anytime should be able to possess a gun without being questioned. However‚ if you interpret the amendment based on vocabulary I believe this means that a trained group of people who have the countries best interest at
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