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 fourteenth amendment provides a definition of a citizen of The United States. The fourteenth amendment was adopted on July 9‚ 1868 shortly after the Union victory in the American Civil War. It was adopted as one of the Reconstruction Amendments. It has many different clauses. The fourteenth amendment was adopted as one of the longest amendments to the Constitution with a total of five different parts. The Citizenship clause‚ Due Process Clause‚ and the Equal Protection Clause are some of the
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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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The Fifth Amendment dates back to the 17th century‚ in England. They used it to protect their citizens. It was designed to protect us just like it protected the people in England. It protects us against government authority in a legal procedure. Amendment 5 states‚ “No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or indictment of a Grand Jury‚ except in cases arising in the land or naval forces‚ or in the Militia‚ when in actual service in
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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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