I. THE FOURTH AMENDMENT SHOULD CONTROL MALICIOUS PROSECUTION CLAIMS INVOLVING PRETRAIL DETENTIONS WITHOUT PROBABLE CAUSE Years ago this Court instructed that the Fourth Amendment should be used to analyze allegedly unconstitutional “detention[s] of suspects pending trial.” Gerstein v. Pugh‚ 420 U.S. 103‚ 125 n.27 (1975). Since then this Court has reaffirmed that the “detention of criminal suspects” is “governed by the provisions of the Fourth Amendment.” Albright v. Oliver‚ 510 U.S. 266‚ 274 (1994)
Premium Supreme Court of the United States United States Constitution Fourth Amendment to the United States Constitution
of the 9th Amendment The 9th Amendment reads "The enumeration in the Constitution‚ of certain rights‚ shall not be construed to deny or disparage others retained by the people." In other words‚ people retain more rights than the ones listed in the Constitution. The 9th amendment is one the least referred to Amendments in decisions of the Supreme Court. People also say it is one of the most confusing‚ controversial and misunderstood Amendments to the Constitution. The 9th Amendment has an interesting
Free United States Constitution United States Bill of Rights Articles of Confederation
The 25th amendment has been introduced to the list of the other amendments under the constitution in order to have plans organized in the chance that either the President or the Vice President can no longer perform their duties in the white house due to a health concern or in the case that one of them has died. This amendment has been divided into four different sections‚ each section represents the different successions that are taken in the certain circumstances that may occur. The first section
Premium President of the United States Gerald Ford Vice President of the United States
25th Amendment The 25th amendment defines the succession of the president‚ and it ensures someone is always prepared to lead our government incase of tragedy. It also provides for the president’s removal if he/she is unable to act as president. It makes it clear who’s to be in charge in almost any given situation that may rise. The 25th amendment provides two remedies when a president is disabled. First: the president of his own volition may turn over the power of his office
Premium Vice President of the United States President of the United States John F. Kennedy
What is the 22nd amendment about? No person shall be elected to the office of the President more than twice and no person who has held the office of the President or even acted‚ as President for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. Why was the 22nd amendment proposed? What conflict does it address? An orderly transition of power was needed for George Washington to set the constitution
Premium President of the United States United States Constitution Franklin D. Roosevelt
The First Amendment The First Amendment to the U.S. Constitution is part of our countries Bill of Rights. The first amendment is perhaps the most important part of the U.S. Constitution because the amendment guarantees citizens freedom of religion‚ speech‚ writing and publishing‚ peaceful assembly‚ and the freedom to raise grievances with the Government. In addition‚ amendment requires that there be a separation maintained between church and state. Our first amendment to the United States Constitution
Premium First Amendment to the United States Constitution United States Constitution Supreme Court of the United States
IV Amendment The Constitution‚ through the Fourth Amendment‚ protects people from unreasonable searches and seizures by the government. The Fourth Amendment‚ however‚ is not a guarantee against all searches and seizures‚ but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law‚ is determined by balancing two important interests. On one side of the scale is the intrusion on an individual’s Fourth Amendment rights
Premium Fourth Amendment to the United States Constitution United States Constitution
Preston Nguyen English 350 M-W 8:45-9:45 November 3‚ 2010 24th Amendment The amendment was one of the last legal vestiges of segregation that tried to keep the black population and the poor people from participating in the vote. As today‚ the 24th Amendment to the Constitution guarantees that no person can be denied the right to vote due to an inability to pay a tax prior to voting. The "poll tax" is now considered unconstitutional. The poll tax was levied on an individual used as a prerequisite
Premium United States Constitution Taxation in the United States Tax
Amendment XII Have you ever wondered if the presidents and vice president votes would be counted as one? After the 1800 Presidential Election‚ the 12th Amendment was adopted to fix a flaw in the Constitution that had allowed Thomas Jefferson to tie in the Electoral College with his vice presidential candidate Aaron Burr. The election was then sent to the House of Representatives‚ which required 36 ballots to finally elect Jefferson president. The 12th Amendment specifies that electors should
Premium United States Constitution President of the United States Vice President of the United States
Darius henry The First Amendment In my opinion freedom of speech and First Amendment rights are crucial to higher education because For One‚ Freedom of speech is the right for an individual to speak their mind without interfering with the law and the First Amendment is the law respecting an establishment of religion ‚ the right to free expression‚ infringing on the freedom of the press‚ and freedom of belief. Which all ties into education itself sine the majority of it is sourly based on
Free First Amendment to the United States Constitution Freedom of speech Higher education