Your search returned over 400 essays for "Amendment"
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The Fisrt Amendment Analysis: Basic Freedom

- The interpretation of the first amendment has been seen throughout our history and, it had either been incorporated in a manner of conservancy or alteration. The first amendment basically describes what congress was under limited power to and, our basic freedoms. However, the concern was never questioned if the state government can curb those liberties since during the ratification of the bill there was little concern of this even being true. This had proven to be reality later on with the various cases that questioned not only the first, but several other amendments....   [tags: first amendment, amendments, freedom]

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The Fourth Amendment Of The Constitution

- ... This confrontation began a chain of events that lead to the North Carolina Supreme Court ruling in 2003 that the family was correct in insisting the Fourth Amendment protected them from an unwarranted investigation ("IN RE: Joanie Stumbo", 2003). The sole reason the agent appeared at the Stumbo residency was in response to an anonymous phone call from someone believed to be a neighbor. The anonymous report indicated that a young child was outside, alone and nude. Upon arriving at the residency, the social worker did not witness anything to confirm the given description, yet she used her position to assert authority when probable cause did not exist....   [tags: Fourth Amendment to the US Constitution]

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The Codification of the Fourth Amendment

- The most difficult problem that arises for the courts because of technology is the codification of the Fourth Amendment to apply to technological change and progress. The vast changes technology brings to surveillance, security, and data collection offer a challenge to courts in classifying these new technologies and monitoring their use within the limits of the Fourth Amendment. The Fourth Amendment states that people have the right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” An influential dissent written by Louis Brandeis contends that the amendment does not simply protect a person’s property but the “right to be let alone.”...   [tags: technologicals change, privacy, amendment]

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The First Amendment

- ... Chaplinsky used many offensive words including racketeer and fascist in a public crowd that had gathered due to the denouncements that Chaplinsky was making against all religions. He was arrested for this language under the New Hampshire law stated above. Chaplinsky challenged his conviction, stating that it violated “freedom of speech, freedom of the press, and freedom of worship, and because it was vague and indefinite” as well as that it was improperly applied through the Fourteenth Amendment (Chaplinsky v....   [tags: First Amendment to the United States Constitution]

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History Of The 4th Amendment

- ... These cases involved the homes of pamphleteers being searched and property being destroyed by the authorities under the king who had issued a warrant under his own initiative (law.jrank.org). These cases were notable in the development of the Fourth Amendment because the judge had ruled in favor of Wilkes and Entick in each case. This began to show how a search and/or seizure with little or no evidence or one without a warrant would be considered an invasion of the people’s rights. In colonial America, searches and seizures had become entirely too common and the biggest reason for these searches was the belief of smuggling goods....   [tags: Fourth Amendment to the US Constitution]

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The Fourth Amendment Protection Coverage

- ... United States, 88 S. Ct. 507 (1967). The Fourth Amendment provides constitutional protection to “people, not places.” Id. at 511. To determine whether a person is constitutionally entitled to such protection that person must: (1) exhibit a subjective expectation of privacy; and (2) an objective expectation of privacy, one that society recognizes as reasonable. Id. at 516. There exists no legitimate expectation of privacy in common areas. Grymes v. State, 202 Md. App. 70 (2011). In Grymes, the court found the defendant, a guest of a tenant who resided in the apartment building had no legitimate expectation of privacy in the laundry room of the apartment building because it was a common ar...   [tags: Fourth Amendment to the US Constitution]

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The Amendment Of Freedom Of Speech

- ... Johnson, in front of Dallas City Hall, Gregory Johnson was burning a US flag in protest of the Reagan administration’s policies. Johnson was then sentenced to one year of jail time and had to pay a $2,000 fine. The case was appealed and the decision was reversed by the Texas Court of Appeals. The case then went to the most supreme court of the land the Supreme Court, who in a 5 to 4 decision, stated that Johnson’s flag burning protest was protected by First Amendment. The court stated that his actions fell under the category of expressive conduct, the fact that an audience took offense to Johnson’s actions does not justify prohibitions of speech (Chicago Kent College of Law, n.d)....   [tags: First Amendment to the United States Constitution]

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The Declaration Of The Fourth Amendment

- Abstract The United States Constitution contains basic rights, and some of those rights are the First Ten Amendments, that are known as Bill of Rights. In the Bill of Rights, the Fourth Amendment protects the people from unreasonable search, seizure and arrest. This paper will explore the history of the Fourth Amendment from the beginning until it was incorporated in the Bill of Rights, arrests, searches, exclusionary rule, warrant requirements, the fruit of the poisonous tree and what it is the USA Patriot Act....   [tags: Fourth Amendment to the United States Constitution]

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The First Amendment Right Of Speech

- ... Even when police officers are performing their duties in public places, the right to record is subject to time, place, and manner restrictions. Notably, in Glik, 655 F.3d at 84, the plaintiff alleged that his First Amendment rights were violated when he was prohibited from filming police activities on a public park. While Glik held the plaintiff had a First Amendment right to film police conduct in this particular context, the Court acknowledged that the First Amendment is nonetheless subject to reasonable time, place, and manner restrictions....   [tags: First Amendment to the United States Constitution]

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First Amendment Rights Of Schools

- ... Some teachers do not allow any talking during class at all, even when students are just working independently. Students need to be able to collaborate with each other to help each other out and create new ideas. If a student says something that the teacher does not like the teacher can punish the student, an example of this is the case of Bethel v. Fraser; Matthew Fraser gave a speech to the school that contained offensive and sexual references and then officials at the school then punished him for saying those things (What are the free expression rights of students in public schools under the First Amendment?)....   [tags: First Amendment to the United States Constitution]

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The US Constitution: The Difficulty of Adding an Amendment

- The United States Constitution is considered to be more concise as well as much older than the constitutions of other nations worldwide. Although the United States Constitution is mature, there are such a limited number of amendments that have been added to the Constitution since it was created. Only twenty-seven amendments, including the Bill of Rights, have been added to the Constitution since its creation. This is not due to amendments not being suggested, because over eleven thousand amendments have been contemplated; however, this is because the process of adding an amendment to the Constitution is an extremely long and difficult process....   [tags: american history, amendment]

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The Fifth Amendment: Rights of Accused Suspects and Property Owners

- “I plead the Fifth.” This well-known expression is used by an individual who refuses to answer a question that may incriminate him. This phrase references the Fifth Amendment to the Bill of Rights (Brezina 15). The Bill of Rights protects the fundamental rights of Americans, including the rights of free speech, freedom of the press and freedom of religion (Teitelbaum 8). The Fifth Amendment in the Bill of Rights guarantees the rights of a person accused of committing a crime (Teitelbaum 15)....   [tags: The Fifth Amendment]

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Current Fourth Amendment Jurisprudence

- Introduction The Fourth Amendment to the U.S. Constitution was drafted by the Framers to protect the right to be free from governmental intrusion. Without a warrant and probable cause, an officer may not enter a home and search it. The use of GPS technology, however, enables the government to collect the same information without ever leaving the office. Thus, GPS based surveillance presents the issue of what protection the Fourth Amendment offers. Current Fourth Amendment jurisprudence offers little protection from warrantless surveillance....   [tags: Fourth Amendment, Rights, United States]

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Benefits of the Second Amendment

- After a long, exhausting, painful war for independence from Great Britain, the United States became its own nation, a nation of choice and rights, a nation of voice and strong opinion, a nation with freedom handed to humans by God. The birth of this glorious new state brought forth a new era of revolution throughout the world. Countries took America’s victory to heart, overthrowing their monarchial governments and establishing governments run by popular sovereignty. The existence of the United States, perhaps, led to the global fight for self-government....   [tags: 2nd Amendment Constitution The Right To Bear Arms]

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The First Amendment Rights Of The United States

- ... Dennis was found guilty; however, his conviction was later upheld. Eighteen years later in the late sixties the turn of a century case of Brandenburg v. Ohio occurred in 1969. Brandenburg appealed his case to the Supreme Court and surprisingly won. This was a big change because freedom of speech cases that were brought up to the Supreme Court were never won. The Supreme Court held that the Ohio law violated Brandenburg 's right to free speech. To obtain there ruling the Court evaluated the speech acts in two ways....   [tags: First Amendment to the United States Constitution]

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The First Amendment Guarantees Freedom Of Speech

- ... Source #1 states, “The writings of philosophers such as Voltaire, the Englishman John Locke, and the American Benjamin Franklin helped propel revolutions in favor of individual freedoms.” Source #2 also explains how they were open to change and added to the First Amendment & the war threats. Source #2 states, “ He also proposed laws to make the nation more secure from foreign threats”. Also sourse #2 states, “ In other words, the Sedition Act directly limited freedoms allowed in the First Amendment.” The quotes states above show how the First Amendment was open to interpretation by the changes that were made on the situations that were presented....   [tags: First Amendment to the United States Constitution]

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The Importance of the Fourteenth Amendment to the United States Constitution

- The importance of the Fourteenth Amendment to the United States Constitution is such that some have called it the amendment that “completed the Constitution.” When it was ratified on July 9th, 1868, the amendment became one of legislative cornerstones of the Reconstruction Era, a time in which the Radical Republicans, led by John A. Bingham and Thaddeus Stevens, promulgated a legislative program focused on providing racial equality before the law. Among the laws passed in the Reconstruction Era, the Fourteenth Amendment was one of the most controversial, with one Republican congressman, Representative A.J....   [tags: reconstruction era, 14th amendment]

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Americans and Cubans Approaches to the Platt Amendment

- The U.S.’s relationship with Cuba has been arduous and stained with mutual suspicion and obstinateness, and the repeated U.S. interventions. The Platt agreement and Castro’s rise to power, served to introduce the years of difficulty to come, while, the embargo the U.S. placed on Cuba, enforced the harsh feelings. The two major events that caused the most problems were the Bays of Pigs and Cuban Missile Crisis. In 1903, the U.S. published the Platt Amendment, which was a set of guidelines for Cuba to follow (Blight 165)....   [tags: Americans, Cubans, Platt Amendment, Cuba, USA, ]

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How The First Amendment Rights Have On Advancing Democracy

- ... Vitale (1962). Parents argued that the New York schools to ban school-sponsored prayers. They saw it “as striking at the Christian foundations of the United States as a burden on free exercise” (Hamm, 2008, p.29). “Expression refers to the freedom of communication means by diverse means, including, but not limited to the use of the spoken or printed word” (Fraleigh, D., & Tuman, J). The First Amendment permits freedom of expression without giving any prior restraint. When the government restrains an activity before that activity has occurred, it is called a government exercise of prior restraint....   [tags: First Amendment to the United States Constitution]

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The Eighth Amendment

- The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted....   [tags: Eighth Amendment Essays]

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The Failed Ratification of the Equal Rights Amendment in the U.S.

- The ERA was introduced in every Congress since 1923, and yet it still failed to gain ratification. The ERA was the Equal Rights Amendment, which means that equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. I believe it was never passed because of many reasons. One reason was because some ERA supports got offended by other supports who were very obnoxious, which was a backlash on feminist tactics. (Doc. E & F) Another is that men and women might switch places, and it would be a threat to traditional roles.(Doc....   [tags: Equal Rights Amendment, USA, feminism, ]

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Will We Follow Lincoln's Advice? The Fourth Amendment

- “Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.” Abraham Lincoln made this statement in referring to the emancipation of the slaves. Even though the statement has nothing to deal with the Fourth Amendment, or the Search and Seizure laws within the Constitution, what is stated still brings about a good point relating to the Constitution. The fact being brought out of this quote is that the Constitution’s purpose is to safeguard Americans’ liberties....   [tags: Fourth Amendment, Abraham Lincoln, presidents, con]

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Fifth Amendment and Double Jeopardy

- Fifth Amendment and Double Jeopardy Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials and possible convictions more then once for an alleged offense. The idea was not to give the State too much over the individual, this way no individual will be subject to embarrassment, expense, and ordeal against being tried for an alleged offense more then once....   [tags: Law Legal 5th Amendment]

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The Amendment Of Same Sex Couples From Ohio, Michigan, Kentucky, And Tennessee

- ... He says that instead of a court deciding such things, the state should be able to decide based on the will of their electorates. The constitution as well as precedent clearly protect a right to marry, but the court cannot and should not overstep its boundaries in such a situation. Scalia brings the question of overstepping the boundaries of the courts authority both by exercising legislature as well as doing so in a realm that the constitution reserves for each state individually. He also argues that the action of unelected judges deciding this case where state legislatures should be deciding goes against the fact that political change should occur through the votes of elected representa...   [tags: Fourteenth Amendment to the US Constitution]

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The Controversy of the Second Amendment of the Constitution

- I. INTRODUCTION: The Second Amendment to the Constitution(Second Amendment) of the United States of America(USA) is one of the most controversial. The Second Amendment specifically grants that, "the right of the people to keep and bear Arms shall not be infringed" The way that an individual interprets the wording of the Second Amendment influences their point of view on who has the right to "keep and bear arms" (Amendment 2). The controversy brought on by the Second Amendment is because the Second Amendment does not clearly define whom "the people" are....   [tags: Bear Arms Second Amendment USA]

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The Second Amendment of the Constitution

- The Second Amendment “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” This timeless phrase, the Second Amendment of the United States’ Constitution, is an enduring example of the principles and ideals that our country was founded on. With this statement, the founders of this country explicitly and perpetually guaranteed the American individual the right to keep and bear arms. An incomparably crucial element of this country‘s origins, the Second Amendment and the rights it guarantees have proved vital to the growth and success of our nation....   [tags: 2nd Amendment Constitution The Right To Bear Arms]

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First Amendment Rights, Privacy and the Paparazzi

- First Amendment Rights, Privacy and the Paparazzi The question of paparazzi threatening privacy and First Amendment rights is often to situational to argue in a conventional manner, but certainly there are many facets of the issue which can be addressed in a quite straightforward manner. Celebrities who feel they have the right to privacy in public places often muddy the waters of this issue. Oddly enough, those celebrities who have chosen to speak out against what they feel are violations of their privacy most always begin their campaigns with a large press conference....   [tags: First Amendment Right to Privacy]

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The Fourteenth Amendment and Equality Under the Law

- The Fourteenth Amendment and Equality Under the Law The Fourteenth Amendment was adopted in 1868 as one of the longest amendments to the Constitution with five parts in total. The most significant part is section one. In the very first sentence of section one, . All persons born or naturalized in the United States and subject to the jurisdiction thereof, as citizens of the United States and of the state where in they reside. citizenship was universalized. The Amendment was designed to prohibit state governments from curtailing the rights of former slaves after the Civil War, however it has been used to grant all of the personal liberties and rights conveyed in the Bill of Rights....   [tags: Papers 14th Amendment History Essays ]

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Amendments to the Constitution

- The framers of our Constitution knew that time has a way of changing countries and their citizens. Our country was in a whirlwind of change in 1789 as people were experiencing freedom from the tyranny of England for the first time in their lives. Our country was being molded and formed into a great nation by the founding fathers. Expectations and rules had to be set to protect the rights of the minorities and majorities. Amendments to the Constitution were written to ensure equality for all in changing times....   [tags: First Amendment, Second Amendment]

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The Second Amendment And The Fourteenth Amendment

- The 15th Amendment was an amendment added to the United States Constitution in 1870 that gave citizens the right to vote no matter their race, skin color, or previous conditions of servitude. This specifically applied to African American males who, though technically were citizens under the 14th amendment, were still being oppressed and restricted from voting. According to Angela Davis in her text, while some feminist activists in the 19th century supported this amendment, others were adamantly opposed to it....   [tags: African American, Black people, American Civil War]

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The Fourth Amendment And The Fifth Amendment

- right is violated in any way it is most likely the violator would face criminal charges or consequences due to their actions for denying citizens their Fourth Amendment right. Fifth Amendment Our Fifth Amendment discusses due process, self-incrimination, double jeopardy and eminent domain. Consider this Amendment as a safeguard stating no person shall be under pressure to answer for any crime, unless he or she is under the indictment of a grand jury (Abadinsky, 2008). The only exception to the Fifth Amendment would be the cases involving any military or militia presently servicing or during war times....   [tags: United States Constitution, Law, Crime]

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The Amendment Of The Fourteenth Amendment

-                The 15th Amendment was an law added to the United States Constitution in 1870 that gave citizens the right to vote no matter their race, skin color, or previous conditions of servitude. This specifically applied to African American males who, though technically were citizens under the 14th amendment, were still being oppressed and restricted from voting. According to Angela Davis in her text, while some feminist activists in the 19th century supported this amendment, others were adamantly opposed to it....   [tags: Black people, African American, American Civil War]

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The Eighth Amendment And The Fifth Amendment

- ... This just means that prisoner rights are only violated if the force is not for a legitimate reason and the level of force is inconsistent for the prisoner’s actions. This is clearly shown in Whitley v Albers (1986). Inmate Albers filed a complaint over being shot in the leg by a prison guard when a team was sent into his cell block. The Supreme Court held that the shooting was not unnecessary or a wantonly use of force, which is need for it to be excessive. The Court upheld the guard’s use of force because they were acting in, “a good-faith effort to maintain or restore discipline,” and was not done within an intent to cause harm (Whitley v Albers, 1986)....   [tags: Prison, Capital punishment]

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The Second Amendment : The Amendment

- The Second Amendment The Bill of Rights contains the first ten amendments we reserve as citizens of the United States. Within the Bill of Rights there are things such as freedom of speech, press, religion, and protection from excessive bail. The second amendment gives us the right to own and carry guns, it states, “…the right of the people to keep and bear Arms, shall not be infringed.” Our Founding Fathers made sure that our individual freedoms were secure, and our country was to always be democratic in the decisions made....   [tags: Firearm, Gun politics in the United States]

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The Amendment Of The Second Amendment

- ... This case sets a precedent for other such possible Second Amendment violations. City of Jesse James With regard for the actions of the city of Jesse James, there are several elements to the decision. First, the sale of automatic weapons to civilians is banned. The Constitution does not specifically mention automatic weapons because they were non-existent at the time it was written. Just the same, it makes sense to me that this would be written because the proper defense of one 's home does not require an automatic weapon....   [tags: Gun politics in the United States, Firearm]

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The First Amendment of the United States Constitution

- The United States Constitution was signed on September 17th, 1787. It did not include a bill of rights and it did not include their freedoms. And so, on September 25, 1789 Congress passed the first ten amendments, which were later ratified on December 15, 1791. The Bill of Rights was created by the Founding Fathers with the intent of restricting the powers of the new national government. The Bill of Rights, however, consists of 10 amendments. The first of the amendments was written because the people at America’s establishment wanted their basic freedoms guaranteed....   [tags: amendments, bill of rights, citizen freedom]

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Gun Control: Should the Second Amendment of the Constitution be Updated?

- According to the F.B.I., 14,369 murders involving firearms took place in the year 2013 within the United States. We as Americans have the right to “bear arms,” however there can be some changes to at least try to minimize these casualties. The 2nd Amendment states “A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.” This may be outdated now that we have a strong military (that is our “well regulated Militia,”) to protect our security, but can a right be scratched off the Constitution because of someone’s interpretation....   [tags: Second Amendment The Right To Bear Arms]

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United States Constitution: Amendment Process

- The United States constitution has an amendment process that has been included in the Bill of Rights. The amendment allows Americans to make changes on the September 17, 1789 United States Constitution was ratified and made law. The amendment of the Bill of rights has made America to continue growing in prosperity through the years and to become one of the most powerful nations in the world. The United States constitution was created with an amendment in Article V. This amendment process allows the constitution to adapt to the changes in the American society....   [tags: bill of rights, bear firearms, amendments]

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The Importance of the First Amendment of the United States’ Bill of Rights for Democratic Government and its Citizens

- Being expression one of the most important rights of the people to maintain a connected society right to speech should be accepted to do so. The first amendment is one of the most fundamental rights that individuals have. It is fundamental to the existence of democracy and the respect of human dignity. This amendment describes the principal rights of the citizens of the United States. If the citizens were unable to criticize the government, it would be impossible to regulate order. By looking freedom of speech there is also freedom of assembly and freedom of press that are crucial for the United States democracy. According to the “Derechos, Human Rights”, freedom of speech is one of the most...   [tags: First Amendment, USA, Bill of Rights, Democracy, G]

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Persuasive Essay: Gun Control Contradicts the Second Amendment

- Gun control has been a hot topic for very long time. People on the anti- gun control side believe that gun ownership is a Constitutional right backed by the Second Amendment. The anti-gun believe that you should be able to posses and own any firearm. They also believe that gun laws only restrict the law abiding citizens. Pro-gun control believe that guns are the backbone to our crime problem. They also believe that gun laws help keep guns of the street and deter crime. The Second Amendment reads," A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed" (Caplan p32)....   [tags: 2nd Amendment Constitution The Right To Bear Arms]

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The Second Amendment: Americans Have the Right to Bear Arms!

- The United States Constitution says that U.S. Citizens have the right to bear arms. Even though this guarantee was written with no constraints, there are now laws that limit certain aspects of gun ownership. The reasons for gun control fall under the flag of public safety. Though there are many safety reasons why private ownership of firearms should be banned, these arguments are outweighed not only by the need for protection, but because the limitation of ownership rights could become dangerous to personal freedom....   [tags: 2nd Amendment Constitution The Right To Bear Arms]

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Amendments that Make U.S. Citizens Equal

- Wouldn’t it be wrong if the women in the United States could not vote. Aren’t elections about coming together as equal United States citizens to vote for a candidate. The 19th amendment of the US Constitution states, “All US female citizens have the right to vote”. Men and women were not treated as equal Americans. The 19th amendment gave women the same rights as men. The 15th amendment of the US Constitution states, “ The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.” Freedom and equal right amendments are important because they represent what America stands f...   [tags: 15th amendment, freedom, 19th amendment]

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A Living Amendment: The Fourth Amendment to the Constitution

- A Living Amendment The Fourth Amendment to the Constitution is the most essential Amendment of all for employees working in the criminal justice field. This Amendment sets the foundation for the criminal justice system and implements mandatory guidelines for governmental employees. When the Constitution was originally created, its sole intent was to place limitations and restrictions on the federal government. The Constitution, as a living document has changed over the years and has continually been interpreted to keep up with America’s ever growing diversity and use of technology....   [tags: foundation for the criminal justice system]

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The Amendment Of The Constitution

- The Second Amendment to the Constitution provides Americans the right to bear arms. Certain groups are avidly trying to amend this right that was fought for by our fore fathers. Many sources have given ample evidence to support the fact that gun control will not stop crime or killings. As the Founding Fathers of America were deciding which type of government would work best in the new land, many people grew frightened at the thought of having no form of defense from a possible army controlled by a centralized government....   [tags: Firearm, Gun politics in the United States]

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Argumentative Essay: Gun Control Violates The Second Amendment of the Constitution

- The U.S. should not have gun control laws. The Second Amendment to the Constitution states that, “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” This amendment has been around since 1791, and there has been gun control almost as long as it's been around. The National Rifle Association is an advocate of the Second Amendment and an opponent of those who propose restrictions on guns. Even Presidents Reagan and Bush are members, and Nixon, Eisenhower, and Kennedy were also members....   [tags: Second Amendment The Right To Bear Arms]

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Argumentative Essay: Gun Control Violates The Second Amendment of the Constitution

- Civilian ownership of firearms has for more than two hundred years been the very cornerstone upon which the liberty of the public has been supported. The very reason that Americans have never suffered a tyranny on the scale of Nazi-Germany has been due to the proliferation of firearms in the hands of the general public. The Second Amendment to the Bill of rights of the United States Constitution states "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." In order to understand that right, the modern reader must understand the semantics of the eighteenth century....   [tags: Second Amendment The Right To Bear Arms]

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The First Amendment

- The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration, which is something not many other nationalities have the fortune of saying....   [tags: bill of rights, constitution, Madison]

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The Seventeenth Amendment

- Written in 1787 at the Constitutional Convention in Philadelphia, and later ratified by the thirteen original states in 1788, the Constitution establishes the relationship between the federal (national) government and state governments. It establishes our republican form of government with an elected Executive (President), a bicameral congress (consisting of two legislative branches, a House of Representatives and a Senate), and a judicial system headed by a Supreme Court. The Framers' of the Constitution were influenced in their work by the ancient Athenians, the thinkers of the Enlightenment; Locke and Montesquieu....   [tags: U.S. Law, government, constitution]

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The Second Amendment

- “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” This quote from Benjamin Franklin illustrates how an emphasis on safety can drastically reduce the freedoms enjoyed by citizens of the United States, especially the Second Amendment of the U.S. Constitution which states that “...the right of the people to keep and bear arms shall not be infringed.” However, with active shooter situations such as Columbine; the Tucson, Arizona shootings, which nearly killed former Representative Gabrielle Giffords; and recent situations at Newtown, Connecticut; Los Angeles International Airport; and Westfield Garden State Plaza mall in New Jersey...   [tags: Constitution, US, gun control, federal government]

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The First Amendment

- America has been built on freedom throughout the years. Freedom to speak, freedom to choose, freedom to worship, and freedom to do just about anything you want within that of the law. America’s law has been designed to protect and preserve these freedoms. The First Amendment guarantees freedom of religion, speech, press, assembly, and petition. It assures citizens that the federal government shall not restrict freedom of worship. It specifically prohibits Congress from establishing an official, government supported church....   [tags: The Bill of Rights]

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The Second Amendment

- “A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.” - Second Amendment. Throughout history, this sentence of twenty seven words has caused an intense debate. The polemic is that some people claim that a gun control policy is unconstitutional, while others disagree and even say it is necessary in order to reduce crime. Now, what does gun control mean. If it means to analyze who is responsible enough to own a gun by a “Universal Background Check”; that sounds right to everyone....   [tags: Gun Control, Check and Balance]

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The Prohibition Amendment

- The Prohibition Amendment, which took effect on January 16, 1920, outlawed the manufacture, sale, and transportation of alcohol in the United States and its territories, until its repeal on December 5, 1933. Today, Prohibition is often referred to as the “Noble Experiment” because it was created to reduce the adverse effects that alcohol had on families and society. Excessive consumption of alcohol, primarily by men, often resulted in domestic violence, poor work performance, and wasteful spending of wages on alcohol, which were needed to support families....   [tags: alcohol prohibition, crime]

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The Fourteenth Amendment Of The United States

- The Thirteenth Amendment of the Constitution of the United States was the first amendment added to the Constitution immediately after the Civil War. The Thirteenth Amendment officially outlawed slavery. The Thirteenth Amendment was adopted December 18, 1865 which says, “Section 1: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2: Congress shall have power to enforce this article by appropriate legislation.” This amendment is the most important amendment of the Reconstruction Amendments....   [tags: United States Constitution, American Civil War]

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4th Amendment

- 4th Amendment In the late 1700's the 4th Amendment was written because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to enter any home and seize belongings without a reasonable cause. (Grolier Encyclopedia) The 4th amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects the people's right to privacy and security. (Encarta Online) The Fourth Amendment states, 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affi...   [tags: Government Constitution Amendments History Essays]

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The Fourteenth Amendment And The Bill Of Rights

- According to the Tenth Amendment in the Bill of Rights: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Though last in the Bill of Rights, it is one of the most powerful and ever changing in interpretation over the course of America’s history. Some historical events that altered its meaning include the Civil War, The Civil Right’s Movement, and even modern event’s like the Supreme Court ruling on gay marriage....   [tags: United States Constitution, American Civil War]

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The Amendment And The Bill Of Rights

- ... Many people in the past and in modern day, say that “a man 's house is his castle” and therefore that man has the right to protect his house and effects. That protection goes for anyone that wants to inflict harm in the person or property. It also extends to law enforcement and the government, not allowing them to conduct unreasonable searches and seizures. The extent of unreasonable searches and seizures go from uncalled for arrests that seem to be at random and to warrantless searches of private property....   [tags: United States Constitution, Law]

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The First Amendment in Public Schools

- The First Amendment was added to the Constitution in 1789 in order to secure individual rights to freedom of religion, speech, and the press in America. The First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (Resources). Various government officials and supporters of constitutional rights of individuals have staunchly defended students’ First Amendment rights on public school property....   [tags: american politics, the constitution]

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The First Amendment Of The United States

- Briana Muirhead Professor Phillips Government 2305 14 October 2014 The First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (FindLaw). While studying the First Amendment to the U.S. Constitution, it is crucial to understand the history behind writing the law. History of the First Amendment The First Amendment has a long history....   [tags: United States Constitution]

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The Eighth Amendment to the U.S. Constitution

- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Eighth Amendment, 1791 The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment....   [tags: U.S. Law]

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The Fourth Amendment in Criminal Procedure

- ... The search happened because of the arrest warrant not because of the illegal traffic stop. If Frierson had been pulled over and not had an arrest warrant for him then the search would have never happened and he would have left with no issue. However since he did have an arrest warrant on file and it had to be served upon discovery and the gun was then found because of a search incident to arrest as mentioned above. Another example a lot that was use to help make the ruling more sound was that police will often canvas high crime neighborhoods and ask random people for their I.D....   [tags: right to privacy]

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The 17th Amendment: The Case for Repeal

- ... Some people believed that Senate seats could, and were regularly purchased by candidates running for office. Progressives believed that the 17th Amendment would solve this issue by taking the immoral state legislators out of the equation, and replacing them with the citizen population of the states. They’re assertion was if Senators were elected by the people it would be impossible to purchase everyone’s vote; thus reducing corruption in senatorial elections. The fact of the matter is that instances of bribery and corruption pre-amendment were fewer and less prevalent than originally thought....   [tags: progressive movement, power, constitution]

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The Benefits Of The Second Amendment

- ... In other words, this amendment is used to keep people prepared if something improbable were ever to happen; an example of this is the American revolution. Along with the direct benefits of the second amendment, numerous instances of crime stoppage have occurred over the years thanks to the use of concealed carry weapons. One example is the Pearl High School incident. Luke Woodham killed his mother at home before heading off to school where he then shot and killed two students and injured seven more....   [tags: Firearm, Gun politics in the United States]

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The Bill Of Rights And The Amendment

- ... Wainwright. In Gideon v. Wainwright, the Warren Court nationalized the Sixth Amendment right to counsel through the Due Process Clause of the Fourteenth Amendment. This 1963 case involved Clarence Earl Gideon, an indigenous electrician, who was arrested and charged with a felony for breaking into a pool hall in Panama City, Florida. Gideon was accused of stealing a wine worth of one-hundred dollar along with money from the hall’s vending machines. Too poor to hire a lawyer at trial, Gideon requested that an attorney be appointed to represent him....   [tags: United States Constitution]

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The Freedom Provieded by the First Amendment

- Civilizations and empires throughout history had risen and collapsed for just one word. Some like a summer night died young, while others lasted for centuries. The word was repeated consecutively by the greatest men of all times, and their blood was shed in order to fulfill it. Starting or even before William Wallace and until our present time with the raging of the Arab Spring people have been demanding freedom. It is true that it is only one word, thus, its impact is great. People who sought independence in the United States in 1777 had clearly realized the importance of that word, and vividly insisted on in the opening of the independence declaration statement: “We hold these truths to be...   [tags: religion, assembly, press]

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The Second Amendment : Is It Today Danger?

- ... Of that, 49% of gun owners are Republican and 41% have a conservative ideology. To an educated person, saying and presenting these facts would be regurgitating things you may already know. Recently, the left purposed meaningful gun legislation into congress. Some measures included the ability to update the background check system, which according to CNN. “..Would have required states to add more information on mental health records to a national database.” As we know now, that failed to pass because it did not get the 60% majority in the Senate to pass....   [tags: Firearm, Gun politics in the United States]

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The Title of Nobility Amendment

- There are 33 amendments that have been offered up by Congress of those six flopped ratification by the mandatory three quarters of the state senates and four are officially still awaiting decision before state politicians. Beginning with the eighteenth amendment every amendment that was presented except for the nineteenth amendment and the still unresolved child labor amendment of 1924 has a definite time limit for ratification. There lies a mystery in the very first Thirteenth Amendment, the Titles of Nobility Amendment presented in 1810, which would have eliminated the citizenship of any American acquiring a title of nobility or honor from any foreign power or otherwise, the mystery is whe...   [tags: Disappearance, Citizenship, Time]

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The American Constitution: The Thirteenth Amendment

- The Thirteenth Amendment A constitution is the identity of any country that makes it distinctive from other countries, and it protects its peoples’ rights. The American Constitution, which contains laws and roles, was established and written in 1787. It has twenty-seven approved amendments, and the first ten of them were named: the Bill of Rights. Each one of these twenty-seven amendments was issued for a reason or due to specific situations. Mark Grossman, a professional writer specializing in American and world history, constitutional law, and the environment, said: “Constitutional Amendments is not to be a dry history – it is a comprehensive work that includes how the amendments to...   [tags: american history, people´s right]

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The Second Amendment Is Not An Unlimited Right

- ... How astonishing is that. Almost ten thousand people were killed accidentally with guns. Firearms were the 12th leading cause of all deaths, topping liver disease, hypertension and even Parkinson’s disease. A study published in the American Journal of Public Health found that “legal purchase of a handgun appears to be associated with a long-lasting increased risk of violent death.” According to a March 10, 2016 Lancet study, implementing federal universal background checks could reduce firearm deaths by a projected 56.9%; background checks for ammunition purchases could reduce deaths by a projected 80.7% and gun identification requirements could reduce deaths by a projected 82.5%....   [tags: Firearm, Gun politics in the United States]

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Due Process Of The Fourteenth Amendment

- Due Process is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that that a law shall not be unreasonable, arbitrary, or capricious (The Free Dictionary). Due process of law is found in both the Fifth and Fourteenth Amendments. The Due Process Clause of the Fifth Amendment, which was ratified in 1791, applies to the federal government and the Due Process Clause of the Fourteenth Amendment was ratified in 1868 and applies to state government....   [tags: Supreme Court of the United States]

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The Social Value of 19th Amendment

- The 19th Amendment recognized the right of women to participate in politics equally like men. Well, do you know when it was ratified. It was on August 8th, 1920, which is really recent. After more than seventy years of relentless work, women finally won the struggle. The 19th Amendment to the U.S. Constitution prevents the United States federal government and the states from denying the right of citizens to vote on the basis of their sex. In other words, it guarantees the right to vote for all Americans including blacks and women....   [tags: presidencial elections, civil war]

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The Fifth Amendment And The Rights It Ensures

- ... This allows a diverse view of the case, which makes the decision of the trial impartial. One of our very own founding fathers spoke upon the subject of the right to a jury. Thomas Jefferson stated “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution” (Marvillosa 1). Thomas Jefferson brings his side of beliefs through this quote by stating that the people making the final outcome of a court case holds the government to be accountable to the laws and the rights of the Constitution....   [tags: United States Constitution]

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The Second Amendment Of The Bill Of Rights

- ... Taya Kyle is a gun rights advocate and is known as the widow of US Navy Seal Chris Kyle. Her rise to fame is due to the 2014 film American Sniper which is about her husbands life. She believes gun control will not protect us. I believe we should have gun control policies because they help limit the amount of violence and killings across America. Even though Taya Kyle is a supporter of gun rights, I did notice from reading her article that she does not like guns. For a long time she wanted to deny any existence of 'evils ' (a term she made for killers)....   [tags: Gun politics in the United States, Firearm]

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The 6th Amendment and Criminal Proceedings

- In this paper I’m going to discuss what is the 6th amendment right, the elements of ineffective counsel, how judges deem a person as ineffective counsel from an effective counsel, cases where defendants believed their counsel was ineffective and judges ruled them effective. I will also start by defining what is the 6th amendment right and stating the elements of an ineffective counsel. The 6th amendment is the accused shall enjoy the right to a speedy and public trial, by an impartial jury if the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause if the accusation; to be conf...   [tags: ineffective counsel, deffendants]

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The Second Amendment Should Be Banned

- Some people in the United States of America feel that the Second Amendment should be removed do to crimes in our country. Others feel that if the amendment was removed, that the brutal death rates would go up, so there would be more harm than good. Although most people believe that guns can be dangerous, we should not amend the Second Amendment because people need guns for home and self defense, guns are a reliable source to help put food on the table, and they are also a way to help keep terror groups and enemies out of our country....   [tags: Gun politics in the United States, Firearm]

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The Amendment Of The United States Constitution

- Gun Control The 2nd Amendment of the United States Constitution states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” ("The Bill of Rights: A Transcription.") Considering this Amendment was ratified in December of 1791, this has been one of the longest laws in the United States. This amendment has been the debate of many political leaders and fellow Americans for years. There are some people who believe that by abolishing or putting regulations on this law that Americans would be and are safer from each other....   [tags: United States, President of the United States]

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The Eighth Amendment and Death Penalty

- The Eight Amendment to the U.S. Constitution “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted”, proposed on 9/25/1789 and approved on 12/15/1791. The cruel and unusual punishment confines the harshness of penalties that state and federal governments may inflict upon ones who have been condemned of a criminal offense. The excessive fines phrase restricts the amount that state and federal governments may possibly fine an individual for a specific offense....   [tags: law, constitution, death penalty]

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The Fourth Amendment and Lawful Arrest

- Reasonable suspicion can be found in the first clause of the Fourth Amendment (Siegel, 2012). It is considered the evidence necessary to prove that a crime has been committed (Siegel, 2012). There is not an exact minimum needed, however Justices have figured it has to fall below the evidence necessary to prove beyond a reasonable doubt of guilt needed in a trial (Siegel, 2012). This part of the Fourth Amendment is also included in the foggy understanding. There is a bias towards how this clause should be read and understood (Bloom, 2003)....   [tags: legal procedure, reasonable doubt]

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The Fourth Amendment to the Constitution

- The Fourth Amendment to the Constitution states that individuals have the right "to be secure in their persons, houses, papers, and impacts, against outlandish looks and seizures," however the issue close by here is if this additionally applies to the pursuits of open fields and of articles in plain view and if the fourth correction gives insurance over these too. To reaffirm the courts' choice on this matter I will be identifying their choices in the instances of Oliver v. United States (1984), and California v....   [tags: California v. Greenwood]

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The Amendment Rights Of Voting

- ... Nevertheless, with this reversal African-American men and women were placed back in situations to have their rights violated and in addition to continue the violent discrimination used against them. During this time period any African-American men that attempted to cast their votes would be subjected to unfair practices such as: taking literacy tests, paying poll taxes and in extreme cases facing bullying or violence that were used against them to impede them from voting. It would not be until almost a century had passed after the American Civil War had ended, and with much perseverance by the African-American community that in 1965 President Johnson signed the Voting Rights Act that gav...   [tags: United States, United States Constitution]

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Against the Federal Marriage Amendment

- Against the Federal Marriage Amendment The word marriage means many things to many different people. To some people marriage is a religious ceremony, and should remain a religious union, without any interaction by the government. For others marriage is a legal contract, which should benefit both parties involved in the marriage. According Wikipedia.com, most people define marriage as “(1) the state of being united to a person of the opposite sex as a husband or wife in a consensual and contractual relationship recognized by law (2) the state of being united to a person of the same sex in a relationship like that of the traditional relationship.” Not only has the type of contract marriage i...   [tags: civil liberties, rhetorical essays]

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