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)
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The Second Amendment: In History and Today The Second Amendment is a controversial topic today‚ just as it was in 1787. There are so many different interpretations on what the congress meant when originally adopting this Amendment in the first place. Through the Second Amendment‚ this paper looks at the intent of the writers of The Constitution and the impact of this particular Amendment today. By looking at The Articles of Confederation‚ The Constitution‚ and current
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The 27 Amendments to the Constitution have had a profound impact on our country. Although all of the Amendments have had a direct effect on the citizens of the United States‚ there are three amendments that stand out above all of the others due to their impact and significance. The three amendments to the Constitution that I think are the most important to the American people are Amendments one‚ two‚ and four. #1 Freedom of Speech is to help people speak and write freely without any punishment.
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Second Amendment: CIVIL LIBERTIES BEING CHALLENGED The Second Amendment has become the most talked about amendment in recent times. I am sure that this has become the forefront of most political person’s discussions in recent times because of the violence that has taken hold of our society. Is it that guns need to be controlled or the people using them? After all‚ it isn’t guns that kill people‚ its people that kill people. But as it pertains to the second amendment‚ is our current government
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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
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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
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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
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16th Amendment- Status of Income Tax Clarified. Ratified 2/3/1913 What it is- The Congress shall have power to lay and collect taxes on incomes‚ from whatever source derived‚ without apportionment among the several States‚ and without regard to any census or enumeration. Reason for ratification- In 1895‚ in the Supreme Court case of Pollock v Farmer’s Loan and Trust (157 U.S. 429)‚ the Court disallowed a federal tax on income from real property. The tax was designed to be an indirect
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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
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5th Amendment Right to be Free of Self-Incrimination The Fifth Amendment to the United States Constitution gives a person the right to refuse to answer questions or make any statements that are self-incriminating‚ which means to make a statement that accuses oneself of a criminal offense that could lead to criminal prosecution. If you have ever watched a movie or TV show‚ then more than likely you have heard the Miranda Rights being read: “You have the right to remain silent. Anything you say
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