Essays on Right Of The People

There are some approaches to natural law. The first conception assumes that it exists independently and does not need to be recognized, found by anyone or declared. On the other side, the positive law has to be approved according to certain procedural standards. The positive law is limited, while the natural law of God or of Reason is limitless and universal (Silving 477). In other words, they are of different origin and have different power and procedure of adoption. These concepts fit into my understanding of the role of law in the community. Thus, it is well-known that there ...

In the preamble to the United States Constitution, the Framers established that three of the fundamental responsibilities of the government was to “insure domestic tranquility”, “provide for a common defense” and “secure the blessings of liberty”. In other words, the government has a duty to protect the nation and its people from harm. The Declaration of Independence, however, states that there are certain unalienable rights that every citizen possesses. Moreover, the Bill of Rights, lists a number of the unalienable rights, such as privacy, freedom of expression, and due process of the law, which the Framers felt were important ...

- Introduction

The second amendment provides that a well-regulated militia was and is necessary for the security of a Free State but at the same time prohibited the infringement of the right of the people or the citizenry to keep and bear arms.

This provision should be appreciated for its dual approach to the matters of bearing arms. It facilitates and protects the right of the people to keep and bear arms while at the same time gives power to a well-regulated militia on the premise that they shall enforce the security of a the Free State.

- Historical context

The Second amendment was proposed by James Madison ...

(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 ...

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 the Senate, the ...

[University]

Introduction

Perhaps no clause in the U.S. constitution has been so misconstrued and debated as the Second Amendment. In fact, even the Supreme Court could not make up their mind as to the true meaning of “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”. A decisive interpretation to this clause has been quite elusive. Since its ratification, only a few cases have found its way to the Supreme Court while the court’s decision has not helped clarify the matter more than being ...

Bill of Rights was first drafted as a compromise from the constitutional convection in 1791 (Donnelly 72). While the idea of Bill of Rights had been raised towards the end of Constitution Convention the delegates at time thought the suggestion pointless (Donnelly 72). As such, omission of Bill of Right raised argument of anti-federalist against the constitution. At thi point no state had conditioned for constitution ratification on Bill of Right, although there were a few that came close, a subject that almost prevented the entire constitution from being ratified (Donnelly 73). Anti-federalist fight to the issue continued even after the constitution ...

1. Explain why the amendments are an important part of the U.S. Constitution and their effect on the legal system. The Bill of Rights refers to the first ten amendments of the US Constitution. These rights are an important part of the US Constitution because of their effect on the legal system and on our daily lives. The original Constitution which was proposed in 1787 had very few rights of individual freedom guaranteed because the founders of the Constitution were more focused on constituting the machinery that would be useful for the federal government. During the debate on ...

Political Science

An in Depth view of the Department of Homeland Security History of the Department of Homeland Security The Department of Homeland Security was brought about by the tragedy of the September 21 terrorist attack of the Al-Qaeda group. It was during this time the two airplanes purposely targeted to cause destruction of the Twin Towers in New York City and the Pentagon in Washington D.C. This event was regarded as the worst act of terrorism in America after the loss of 3,000 innocent lives. It was during this difficult time that the world grieved for America ...

“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 affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment of the U.S. Constitution

Common Law Background of the Fourth Amendment

Semayne’s Case 5 Coke's Rep. 91a, 77 Eng. Rep. 194 (K.B. 1604)

Facts

Richard Gresham and George Berisford shared a home in London. Berisford died and left his belongings to Peter Semayne. Semayne had to sue Gresham to ...