Essays on Amendment

Introduction

NEW YORK v. BURGER, 482 U.S. 691 (1987) 482 U.S. 691 is a leading case on the American criminal justice system. This paper intends to discuss the abovementioned case in detail along with the facts, issues, and findings of this case.

Brief Facts

Brooklyn based Respondent used to own a junkyard. He was in the business of dismantling automobiles and selling the dismantled parts. Police Officers of New York City department suspected his business and rushed at his premises on 17th November 1982. Police officers were in civil dress, and they wanted to conduct an inspection of the premises. Police officers ...

Doe V. City of Intrusia

In 2014, the government, acting on the suspicion that the petitioner was processing and selling proscribed substances, requested the local cell phone carrier to clone the cell phone of the petitioner Joe Doe. Subsequently they gained access to text messages sent and received by the respondent. Based on this evidence, the petitioner Joe Doe was tried and convicted under an indictment charging various illegal transactions in narcotics. Doe has appealed his conviction claiming that the interception of text messages violated the unreasonable search and seizure protections of the Fourth Amendment. Furthermore, all data from the text messages should have ...

Abstract

One of the issues that have garnered massive media attention is terrorism. Terrorists have attacked various places causing massive loss of human life and property. The September 11 attack on America signalled to its administration that it had to re-examine its security policies. It believed that the attack was instigated by its ignominy to control the security situation in within its jurisdiction and undoubtedly the citizens’ overprotection by the constitution. The government made a decision to severely scrutinize the citizens. The previous privacy that the 4th constitutional amendment granted the Americans was later disregarded and president bush took it ...

The Second Amendment, commonly referred to as the right to bear arms, is the constitutional provision that guarantees individuals the right to keep and bear arms. Even though in the text it talks of militias and people, the Supreme Court in the case of District of Columbia v. Heller interpreted it to also include the right of an individual to bear arms. The philosophy underpinning its inclusion by the founding fathers was the inalienable right of self defense and the duty of the citizen to act in defense of the state, whether in resisting oppression or external aggression (Johnson, ...

Voting Rights Act 1965

Introduction
The Voting Rights Act of 1965 is a very important piece of legislation in the history of American civil rights. The voting rights act has a long history of alterations and revisions before it was consented in 1965. The effects of the legislation had, and still have far reaching implications. The Voting Rights Act of 1965was assented to law by the then president Lyndon Johnson on the sixth of August in 1965. The new legislation outlined the disenfranchisement of African Americans characterized by discriminatory voting practices that were adopted by many Southern states after the end of the ...

The United States constitution has an amendment process that has been included in the Bill of Rights. The amendment allows Americans to make changes to the September 17, 1789 United States Constitution, that was ratified and made law (Zink 450). The amendment process has made it possible for the constitution to change moderately, than to be overhauled, and it has been changed to adhere to the current times and changes. The Second Amendment to the US constitution is part of the Bill of Rights that guarantees all American citizens the right to keep and bear arms. This amendment gives ...

In the case of Lawrence V Texas, two men were arrested by the police in their searches for arms. They were arrested for engaging in sex that was against the laws of the land. According to the police, it was reported that, the two men were engaging in anal sex. Homosexuality was not legalized than in any state. When they were paraded before a court of law, the accused individuals agreed to the charges that implicated them of the crime. However, they contended that, their acts were protected under the provisions underpinning the fourteenth amendment. In the light of ...

Inmate Rights

Inmate Rights and Prisons
Part 1: Supreme Court decisions
Helling v. McKinney (91-1958), 509 U.S. 25 (1993).
A Nevada state prisoner McKinney filled a suit against prison officials claiming that his uncontrolled exposure to environmental tobacco smoke (ETS) from his cellmates violated the Eighth Amendment. He argued that the second hand smoke from some of his cellmates especially one who smoked five packs a day presented unreasonable risk to his health, therefore subjecting him to cruel punishment (Supreme Court Media 2014). At the time, the Eighth Amendment “deliberate indifference” only applied to current medical conditions and not future as ...

In the history of the United States, the security of the nation has always been valued at the expense of civil liberties and freedom. In the 21st century, the implementation of US PATRIOT Act meant to increase security seems to have increased violation of civil liberties and the Fourth Amendment of the bill of rights. The Fourth Amendment focuses at prohibiting any sort of unreasonable seizures and searches. On the same note, the 4th Amendment focuses on ensuring that a warrant should be used in case of a search (Schulhofer, 2012). The US PATRIOT Act has tremendously depleted the ...

Claim

My position as per the application of FISA and the Fourth Amendment is that the FISA violates the fourth amendment requirement. This is in line with the fact that the Fourth Amendment Act operates on the basis of the exclusionary rule and revolves around the search and seizure whereas the FISA is seen to violate the exclusionary rule.

Background

The Fourth Amendment Act was put in place following the dissenting argument at the time of arrest by the police officers. This is pegged on the basis that the exclusionary rule which is applied where admissibility of the unlawfully acquired evidence ...

Inmate Rights

Inmate Rights and Prisons
Part 1: Supreme Court decisions
Helling v. McKinney (91-1958), 509 U.S. 25 (1993).
A Nevada state prisoner McKinney filled a suit against prison officials claiming that his uncontrolled exposure to environmental tobacco smoke (ETS) from his cellmates violated the Eighth Amendment. He argued that the second hand smoke from some of his cellmates especially one who smoked five packs a day presented unreasonable risk to his health, therefore subjecting him to cruel punishment (Supreme Court Media 2014). At the time, the Eighth Amendment “deliberate indifference” only applied to current medical conditions and not future as ...

28, 2, 2014

The United States got independence upon the signing of the treaty of Paris. As a result, it expanded westward enlarging its borders seven times. Two major border adjustments were then made with the colonies of the United Kingdom and Spain among other minor disputes. This led to increment from thirteen states to fifty states, many of them starting as incorporated territories. Generally, the pattern followed is territorial extension, adjusting the boundaries of organized territories from the newly obtained land, adjustment of the borders of these territories, and ultimate statehood. However, Nevada and Missouri grew after statehood while North Carolina, ...

The First Amendment is perhaps the most well-known among Americans. It guarantees us all the right to free speech. It also guarantees that nobody, state official or otherwise, will stand in the way of our freedom of press, as stated by Thomas J. Curry in his book “The First Freedoms: Church and State in America and the Passage of the First Amendment” (2005). It can be argued that Nancy Jamison was exercising both of her rights protected under the First Amendment of the United States on the night that she posted these terrorist threats (2005). To prosecute her for ...

Introduction

When a city or a town is a host of a conference, it is always difficult to arrange everything. The preparation should begin as early as possible. The point is that there are many people involved, as well as many work to be done. One should take into account not only the peculiarities of a conference or a meeting, but all legal issues, as well. This essay is aimed at answering several questions on the legal peculiarities of the case. The essay will be divided into three parts: according to the amount of questions to be answered. Such analysis ...

Gideon v. Wainwright - 372 U.S. 335 (1963)
Gideon v. Wainwright - 372 U.S. 335 (1963)

Clarence Earl Gideon was accused with breaking and entering in order to commit a petty larceny – the crime which is qualified as a felony pursuant to the Florida law. As Gideon appeared in court, he announced that he would not be able to afford legal representation of a counsel thus asking the judge to appoint an attorney at the state`s expense. The judge denied defendant`s motion on the grounds, that under the Florida law the state can appoint a counsel for ...

Free speech codes and harassment policies happen to be adopted by many Oughout. Colleges and universities so that they can stop racist, sexist, or other kinds of offensive language. The rationale is that racial along with other offensive slurs are chaotic verbal assaults that restrict students’ rights. Many city liberties activists, students, higher education faculty, and administrators fear that such codes violate Primary Amendment rights. Who decides what exactly offensive language is and what exactly is not? Should “hate speech”possibly be protected, or can it result in violence? Are there limits to free speech only greater good and ...

Chapter One

Curiosity and interest are the main factors in writing a good research paper or a magnificent essay. The first chapter is devoted to this very aspect of conducting a research. The main idea of the first chapter is to show students that every researcher should be interested in what he or she is doing. The author suggests that if a researcher is bored, the research papers will be bored, as well. On the contrary, if the topic is interesting for the researcher, he or she will present a high quality research paper. The author emphasized how necessary it is ...

1. Facts
2. Issue

The issues in the following case are:

Whether the search conducted by the police officers violated a provision of the Fourth Amendment to the United States Constitution regarding a protection from unreasonable searches and seizures.
Did Mr. Blake had a reasonable expectation of privacy when he was residing at Mr. Smith`s household?

Could the evidence (drugs and guns) be considered admissible in a court of law?

3. Rule
The Fourth Amendment to the United States Constitution provides protection against unlawful search and seizure of persons and their property. The provisions of the amendment clearly state that search and seizure shall be conducted with the presence of a warrant that particularly describes the places and/or things ...

Citation: 376 U.S. 254 (1964)
Vote of the Court: It was a unanimous decision by all nine justices with two concurrences for the New York Times Company.
Legal Issue(s): Do the First Amendment protections of free speech and freedom of the press include false or libelous statements? To what extent can state courts apply their own rules of law in regards to their interpretation of libel law?
Procedure of the case: The case was first tried in the Montgomery County Circuit Court in Alabama. The jury entered a verdict against the New York Times. The New York ...

Much like the earlier Populist movement, the progressives sought changes in the US Constitution that promoted democratic reform by allowing a petition by the people to be voted into a law, public referendum where voter approval would be sought for laws proposed by politicians, and for Senators to be elected directly instead of relying on state legislatures. However, while the Populists were focused on the labor and farming class, Progressives were anchored in the increasingly influential middle class. As they belonged to a higher class and were generally better educated than the Populists, Progressives succeeded in having several reforms ...

Introduction

Entities of health care recognize revenue for which a little portion of the total amount is billable or billed or the final collection is not assured reasonably at the time the services are rendered. There have been concerns raised by the constituents that these kind of accounting practices lead to gross-up revenue for unexpected amounts to be collected in the end. To add to it, due to the fact that entities of health care make their own decisions as far as bad debts and adjustment to revenues is concerned, the decisions are different from one another and it is ...

Criminal Law

Blond (2009, p.164) stated that the best evidence rule expresses a preference for the use of original documents, instead of using reproductions. This has been known as the original document rule. The best of evidence rule only applies if it is being offered to produce the contents of evidence presented in court. The proponent of the writing seeks to prove its contents and that the writing is closely related to a material issue. In order to comply with the best evidence rule, the proponent of the evidence should produce the original document. If the producing the original is not ...

1. Federal vs. State Level
The clearest difference between the United States (US) federal constitution and the Arizona state constitution is their jurisdictional operation. The federal constitution operates throughout the US, while the Arizona state constitution operates only within Arizona. Provisions under the federal constitution operate at the national level; no state constitution within the US may impede or contradict any of the provisions therein. On the other hand, the Arizona state constitution addresses matters specific to Arizona, although the provisions therein are in compliance with the federal constitution. One could not claim that the Arizona state constitution, as ...

Brief of Mapp v. Ohio (1961)

Decided
Decided June 19, 1961
Character of Action
The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals in Ohio, ...

1. Prosecutorial Misconduct
Prosecutorial misconduct refers to any situation in which the prosecutor in the course of litigating a case breaks a law, violates a code of ethics or misbehaves to such an extent that the fairness of the criminal justice process is unambiguously tilted in her favor. An example of prosecutorial misconduct would be a prosecutor who prior to trial fails to turn over a key piece of evidence that provides an alibi for the defendant, and tells a witness friendly to the defendant that she will tell the federal authorities about his illegal immigration status if he ...

U. S. Supreme Court case
The United States Supreme Court was established according to Article III of the Constitution of the United States in 1789. It is the highest federal court in the United States and has the final, decisive decision along with its appellate jurisdiction over all state and federal courts. The Supreme Court of the United States is invoked to observe the U. S. Constitution and the Amendments to it.
A flamboyant example and a landmark about the role of the U. S. Supreme Court (Supreme Court) is Miranda v. Arizona (384 U. S. 436 (1966) case. ...

Kelo v. city of New London conn.

The city of London in the implementation of ``economic revitalization plan” sought to acquire 90 acres for development from private owners. The development was geared towards increasing employment as well as generating revenue for the government. The city acquired land from most private owners but 15 owners refused to surrender their lands and the city commenced a suit to claim the said land. The developer was a private entity. The owners of the said lands disputed the acquisition of their land due to lack of reasonable compensation by the city. The Fifth ...

Q.1
The five basic assumptions of positivism in law are realism, objectivity, scientific evidence, and ultimate proof is unattainable. The realism operates in order to impress investigators to face the reality without letting their emotions cloud their judgments. The objectivity wants them to focus on objectives without getting hurt from the presence of obstacles and problems in the way of solving the crime. The good investigator always follows the evidence because it does not lie, but people do in order to hide their wrongdoings. The final assumption argues that ultimate proof is not possible to be found, and therefore, ...

Overview

The Department of Corrections has changed its mail room policy to reduce the risk of contraband inflow through the mail and to reduce its burden on existing correctional officers. The measures taken include the introduction of a postcard that inmates can use to communicate with the outside world. According to the Commissioner, this postcard will end the flow of contraband through the mail and more easily managed by the existing staff. He also believes that this measure will reduce the overtime burden of staff. The inmates, their families and lawyers see this measure as a violation of the First ...

Psoriasis and Inflammatory Bowel Disease are two of the most prevalent types of immune disorders. Being diseases of the immune system, both diseases have similarities and, of course, striking differences. Reviewing both of their pathophysiology, incidences of occurrence and maladaptive responses may help us understand how these two immune disorders manifest their symptoms and affect the human body.
Psoriasis is considered as the most prevalent autoimmune disorder, particularly the psoriasis vulgaris type (Krueger and Bowcock, 2005). Additionally, the prevalence of psoriasis considerably varies worldwide (Langley, Krueger, and Griffiths, 2005). In USA, an estimated 2% of the population is said ...

‘Instructor’s Name’

‘Subject’
Should the US have stricter gun control laws?
Guns have a special place in American history and Americans have always had a love for firearms. This love affair for guns started in the seventeenth century, when the early settlers were required to carry gun to protect themselves from Indian attacks. The ‘Kentucky rifle’ of the 1700s, Samuel Colt of the nineteenth century and WWII veterans bringing home their enemy guns as trophies are all symbols of the proud American past. However, the spate of recent mass shootings has called for a stricter regulation of gun ownership and distribution. ...

Abstract

This paper proposes that The Clean Indoor Act must be amended to ensure that there are no exceptions and that all public places are tobacco-free. This amendment will help further reduce the effects of secondhand tobacco smoke. Smoking in the public subjects passersby to second hand or passive tobacco smoke. Passive smoking is an act of an individual inhaling in other people’s smoke. Second hand smoke has many effects on the health of non-smokers. Therefore, it is vital to safeguard their health. Since this is a statutory law, the changes can only be made by the state’s ...

History:

The Reconstruction era and the settlement of the West were two of the most defining events in American history. These are the formative years when the United States experienced tremendous changes in its political, social and economic conditions. The Reconstruction period affected much of the Southern part of the United States, especially those that concerned the African-Americans and their newly acquired freedom. On the other hand, the settlement of the West, despite contributing much to the improvement of the economy, brought the unavoidable conflict between the government and the Native Americans.

THE RECONSTRUCTION PERIOD

The Reconstruction period started in 1865 until 1867. ...

The Police

In this paperwork, I am going to discuss the video, the confession, depicting the positive or notable actions portrayed by the police and any issues with police behavior that cause my concern. I will also discuss any illegal or unconstitutional acts by the police, therefore, specifying the constitutional Amendments the police actions may have violated.
The Confession is a video written and directed by Ofra Bikel. The video revolves in the context of the rape and murder of Michelle. Daniel William, Michelle neighbors, called the 911 after the incident had happened so as to establish the cause of the ...

Response Paper

The second amendment to the first amendment it accepts that the God-given natural right of the people, and allows the government not to interfere with the exercise of power thus there is nowhere the constitution grants the public to arm themselves. Instated, in today society, are highly being alert about the gun violence, it is important to understand both sides of the views points of the second amendments to modify it or leave it the way it is. In this case paper we will focus on the Warren E. Burger's the right to bear arms. He argues that, the ...

(Professor/Instructor)

The Second Amendment and its interpretation have stirred considerable debates in American legal circles. At the center of the legal “storm” is the correct understanding of the scope of the amendment in guaranteeing the right of the people to “bear arms.” One side of the political aisle on the issue believes that the clause “the right of the people to bear arms” engenders a unique constitutional liberty for American citizens. In the premise of the “individual right” postulate, the fundamental law of the United States bars lawmaking bodies from banning people to possess firearms.
On the other side ...

In 1972, the Equal Rights Amendment was passed in the Senate. The legislation was then taken to the states for approval. The National Woman’s Political Party proposed the amendment as they advocated for legal equality of both sexes. The amendment aimed at prohibiting the discrimination based on sex. In 1960s, the issue of feminism reemerged. The U.S. Representative Bella Abzug of New York and feminists Betty Friedan and Gloria Steinem took it to the senate, and it successfully received support from more than two-thirds of the votes casted. By 1972, the amendment was forwarded to the states by ...

Drones or unmanned aerial vehicles (UAVs) are often synonymous to the remote controlled jet-like machines currently used by the military to conduct reconnaissance and stealth operations in major conflicts around the globe. Millions of dollars have been spent to produce these state-of-the-art machines in order to improve military operations in uncharted terrain. In recent years, manufacturers have managed to replicate the technology used by these million dollar machines and miniaturize them for commercial use. Many consumers use these drones for leisure or photography, but there are also groups using these drones for questionable activities like stalking, spying and even ...

The world has experienced an extraordinary internet growth since the last millennium. There has been a considerable measure put in place to adapt to this growth. The vacuum could be so unhealthy if the law did not catch up with the trend (Susan, 2005). The Americans in their bid to secure their fundamental rights and freedom in this new era of information technology adopted the fourth amendment to their Constitution.
Nonetheless, the internet age has made the amendment so porous and almost worthless. The advent of cybercrime has brought up the modern violation of the fourth amendment (Susan and ...

The Sixth Amendment

Based on the Sixth Amendment to the United States Constitution, it reads, “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of 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 of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” . Notice that in that summary of ...

The US Constitution is the supreme law that governs the United States of America. The law created a national government and primary laws, and also established specific basic human rights for the citizens. The constitution contains seven Articles and 27 Amendments. The constitution has been in existence for more than 200 years and in the process, it has undergone important ramifications to make it better (The United States Court, 2014). The paper will discuss the 4th, 5th and 6th Amendments of the US Constitution, and how they apply in adult and juvenile court proceedings.
The Fourth Amendment prohibits the ...

ANALYSIS OF KYOTO PROTOCOLName:Course:Tutor:Date: Introduction Kyoto protocol is an international treaty which aimed at extending the 1992 United Nations framework convention on climate change so that it would commit state parties to reduce greenhouse emission. This was based on that global warming exists and manmade carbon oxide that had caused it. A second period was proposed which was called the Doha amendment, and its common basis is to put obligation to developing countries claiming they have contributed to interference in climate change. Russia is ranked fourth in the world as the biggest greenhouse gas emitters contributing 5.67 percent of ...

“A well regulated militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”
Second Amendment, U.S. Constitution
On June 7, 2013, police arrived at 2036 Yorkshire Avenue in Santa Monica, California to respond to a report of shots fired. There, they saw the house on fire, with bodies of two men inside, one dead due to gunshot wounds. At the time, the suspect – John Zawahri – had already armed himself with a semiautomatic rifle and proceeded to the Santa Monica College campus, where he was a ...

In the exploration of the current controversy over the Second Amendment given the recent debates that have sparked from the many school and neighborhood shootings, it becomes evident that there are a diverse number of positions on the subject. These positions represent the fundamental issue that underlies the effects that this type of legislation would have as well as the way in which it is informed. Their differences arise due to important factors that contribute to their existence. This existence pertains to how the basis for gun control should be established.
The issue is that, while it is important ...

The question of whether U.S. should place restrictions on the contents posted on World Wide Web is debatable. First, World Wide Web is what forms the internet. The big question one should ask is whether U.S owns the internet. If yes, then they can be allowed to control the contents because after all it is their property. If no, Then it is a completely different thing altogether. Internet contents depend on the interconnected nature of technology. It means that any problem with the web contents is a global problem and not U.S problem. This is why we do have ...

English

Introduction
Most lawyers grapple with First Amendment Issues Daily according to Professor Marvin Amori as they have to deal with laws that govern and concern speech and consequently write rules on them. Laws on speech are a crucial component in the society due to their significant contribution not only to national matters but also in global corporate boards as well as different public and private institutions. These lawyers therefore have to operate globally and are not only concerned with the First Amendment of the United States constitution but with customs, laws, and practices of different foreign nations (Mark 2238).

Tinker’s Decison

...

Revision in accounting has various effects on the company and the economy. Salix Shares showed a revision in accounting which stated that the sale of drugs produced by the company was not as strong as expected by the Wall Street. Due to this announcement, the shares of the company fell by 38% bringing down the stock market. After the issue was raised, the financial officer resigned from the company. There were talks of a potential takeover of the company earlier in the year. But there were few obstacles in the deal due to which the takeover could not be ...

Identity Alteration

Anyone who has seen Nicholas Cage and John Travolta’s 1997 film entitled Face Off would be able to relate to the statement that identity alteration of that nature is mind boggling. The film portrays two men—one is a law enforcer and the other is a criminal, trading identities and in the process necessary has to go far to trading off faces. Many would probably say that is insane and no person in their right mind would agree to that because of the risk that it involves. Others would probably have to agree with the Feds’ decision to ...

The Fourth Amendment to the US constitution protects individuals from unreasonable searches (in their houses, persons, effects and papers). Police ought to convince a judge that they have reasonable evidence before they are given a search warrant. Criminal defendants might raise this in court if their right was abused (Levy et al. 86). The Sixth Amendment ensures that criminal defendants are accorded a public and speedy trial by a jury that is impartial and within the jurisdiction of where the case was committed. The eighth amendment protects criminal defendants from punishments that are cruel and unusual.
The Fourth amendment ...

The first step of preparing a bill into a law is drafting the bill. Senate, the state legislatures, scholars, organizations, constituents and representatives do drafting of the bill. The senator in the senate chamber by way of parliamentarian introduces the drafted bill. If there is no objection to the bill at its introduction, then the bill is considered as read twice and referred to the relevant committee in the senate chamber.
The journal clerk enters the bill on the senate journal to give it a number, marked for printing and delivered to government printing office. Printed bill is delivered ...

Introduction

San Francisco is one of the states in the United States. The city is regarded as a vibrant and dynamic urban area, which elicits competition for housing for both the poor and the rich. The dwellers of this city are characterized by factors such as minimum wage and existence of trade off between freedom and equality. On a similar note, the conditions have made the city to have a continuous problem in the housing capacity for its dwellers, particularly, the permanent resident dwellers. This essay seeks to examine the level of effectiveness of the housing policies and real estate ...

385 U.S. 293 (1966)

Issue

The main concern raised by the current case was whether evidence gotten by the government through deceptive placement of a secret informer in the councils and quarters of a defendant in the event of a criminal trial accrues as a criminal act. In fact, the main issue was whether such an act infringes on a defendant’s rights as enshrined in the Fourth, Fifth and Sixth Amendments. As connoted by these amendments suppression of evidence obtained under such circumstances is only allowed in subsequent trials of the same defendant, but on a varying charge (Osteburg & ...

Google Docs and Microsoft Word are both word processors which allow a user to create and edit documents. Microsoft word are used offline although it could be saved and deliver online while Google Docs is always online. There are features that are both supported by these word processors which are similar and also distinct to each other. First is the revision history and automatic saving or auto-save feature. In Microsoft Word, the user can enable AutoRecover and AutoSave in order to automatically save the created and edited file for every few minutes. If a problem occurs such as power ...

1. In Schenck v US, 249 U.S. 47 (1919), members of the socialist group distributed antiwar circulars to new military recruits in violation of the Espionage Act. The Court held that words are not protected by the First Amendment when they are used in a way that bring about substantive evils to which Congress has a right to prevent. This clear and present danger test was subsequently used in Abrams v. US 250 U.S. 616 (1919) and Gitlow v New York, 268 U.S. 652 (1925). In Abrams, the Court upheld the conviction of the defendants on the grounds of ...

21st Amendment

The 21st Amendment was proposed on February 20th, 1933, was passed on December 5th, 1933 and was rectified during the presidency of Franklin D. Roosevelt. The 21st Amendment was proposed in order to nullify the so-called Prohibition Amendment (18th Amendment). It is the only incident in the constitutional history of the United States that an amendment was repealed. The 21st Amendment of the constitution is inextricably linked with the 18th Amendment. The 18th Amendment prohibited the manufacturing and transportation of Alcohol and other intoxicating liquors in the United States. The 18th Amendment was the consequence of the anti-liquor sentiments ...

The constitutional scholar and radio host presenter Mark Levin culminates as an author of the book, “The Liberty Amendments: Restoring the American Republic.” The author of the book invokes Article V of the constitution that sets out methods for amendments that intend to rein in a reckless, unruly, and usurpations federal government highlighted in the 10th Amendment. McCarthy, (2013) assert that Levin undertakes this project to preserve and restore the constitutional republicanism and the civil society and prevent federal Leviathan authoritarianism. According to Levin, Statists achieved the process of disfiguring the compact constitutional order (Levin, 2014).
Framers of the ...

The First Amendment is designed to protect individuals expressing unpopular opinions. In 1989, the Supreme Court’s decision on the case of Texas v. Johnson designated flag burning as a form of protected symbolic speech. The case applied only Texas’ law banning flag burning but the next year, in 1990, in the case of the United States v. Eichmann, the Supreme Court ruled that flag burning was a federally protected form of speech and that those burning a flag in peaceful protest could not be prosecuted (“First Amendment: Free Speech and Flag Burning”). This ruling is controversial because many ...

Shortly after the terrorist attacks in New York City and Washington, D.C. on September 11, 2001, Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. As a result of real concerns over the security of the nation as well as more than a little mass hysteria over America’s vulnerability in the new age of global terror, the 342-page long USA PATRIOT Act, as it is popularly known, sailed through Congress a mere 45 days after the attacks with little debate or analysis but with broad bipartisan support. Indeed, in ...

Just like some aspects can be universally applied, the categorization of students on the basis of their studying methodology is globally applicable. No matter to which country the school or college belongs, its students can always be classified in one category or the other. The behavior patterns of students are humorously similar irrespective of culture, language, race, gender, location or age. Students can be classified into the following: ‘100 % preparation students’, ‘200 % preparation students’ and ‘selective study students’.
As is evident from the name, 100% preparation students are those students who are extremely thorough in their approach. While preparing ...

The fourth amendment to the US Constitution provides and ensures one of the fundamental human rights. This amendment guarantees freedom against unreasonable search and seizure by public servants and officials or any other agents of the US government. In order to conduct search and seizures legally, such officials and governmental agents are required to have reasonable ground, on the basis of which they receive specific warrant.
There are many cases concerning this constitutional amendment that were considered and decided by the US Supreme Court. And the landmark decision in this sphere is Tennessee v. Garner. According to the factual ...