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
Premium Fourth Amendment to the United States Constitution United States Constitution Probable cause
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.
Premium Women's suffrage United States Women's rights
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
Premium United States Constitution United States Supreme Court of the United States
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
Premium Murder Capital punishment Capital punishment in the United States
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
Premium Fourth Amendment to the United States Constitution United States Constitution Supreme Court of the United States
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
Premium Fourth Amendment to the United States Constitution United States Constitution Law
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
Premium First Amendment to the United States Constitution United States Constitution Supreme Court of the United States
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
Premium Gun politics in the United States United States Constitution Second Amendment to the United States Constitution
Prior Restraint and 1st Amendment Rights The American government has long feared that the release of classified information may jeopardize national security and has made special efforts to prevent publication of information considered top secret. There has been extensive debate over freedom of the press versus the right of the government to prevent publication of certain material. When the government intervenes before publication has occurred‚ it is called prior restraint. This paper seeks
Free Supreme Court of the United States United States Constitution First Amendment to the United States Constitution
Americans scrambling through the streets to buy every last ounce of their final legal drinks from liquor stores and salons. Well‚ this is what the streets would have looked like on January 15‚ 1920‚ because the next day the 18th amendment would be passed. The Eighteenth Amendment made “the manufacture‚ sale‚ or transportation of intoxicating liquors” illegal. This time where buying‚ selling‚ and transporting alcohol was illegal‚ was known as the prohibition. It came with many unintended consequences
Premium Prohibition in the United States United States Alcoholic beverage