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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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The Fourteenth Amendment And The Right Of Marriage

- In 1868, after the abolition of slavery in the United States, the government decided to take measures to ensure “equal protection of the laws” to all citizens. The Fourteenth Amendment to our Constitution was written for that reason, and it further stated governments may not “deprive any person [of these rights] without due process of law.” Since that time, the U.S. Supreme Court has acknowledged that several basic rights, including the right of marriage, must not be denied regardless of a person’s race, nationality, or gender....   [tags: Marriage, Same-sex marriage, Homosexuality]

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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 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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The Equal Protection Clause Of The Fourteenth Amendment

- ... However, these states are choosing to recognize the marriage of heterosexual couples that chose to move to these states or simply have a wedding in another state. While at the same time these states are denying the validity and refusing to accept a same sex marriage. Therefore the law is not being applied equally and a certain group of people is being excluded and discriminated against. The defendants also argue that same-sex marriage is not a fundamental right because according to Washington v....   [tags: Same-sex marriage, Marriage, Homosexuality]

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The Marital Rape Exemption And The Fourteenth Amendment

- ... Men usually have a bigger range of power over women and the whole topic of marital rape is wrapped around equality. With that said without unbalanced equality between men and women marital rape would not be an issue. At the end of the article the author finally states its position clearly over marital rape and women. The author argues that marital rape exemption violates women’s equal protection rights because in the outcome of marital rape women do suffer physically as emotionally. Small, Mark A., and Pat A....   [tags: Marriage, Rape, Domestic violence]

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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 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 Fourteenth Amendment

- On a date that will be remembered forever as a step forward for our nation, July 28, 1868, the Fourteenth Amendment became part of the U.S. Constitution. The Fourteenth Amendment gave a new sense of hope and inspiration to a once oppressed people. It was conceived to be the foundation for restoring America to its great status and prosperity. The Amendment allowed “equal protection under the law”, no matter what race, religion, sex, sexual preference or social status. It was designed to protect the newly freed slaves....   [tags: Racism Equality Constitution 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 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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Fourteenth Amendment to the US Constitution

- The Fourteenth Amendment What amendment to the United States constitution is considered to be illegally ratified. What amendment both grants the right to vote to men and then takes away that right to vote. If you answered the fourteenth amendment to both questions you would be right. Although most people think of the fourteenth amendment as being a "civil rights" amendment, it also defines citizenship, voting rights, and states congressional representatives and electors numbers. In this paper I will talk about how the passage of the fourteenth amendment was a relevant event in history, how it impacts our country today, how it is viewed as the civil rights amendment in our textbook, how it h...   [tags: Political Science]

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The Fourteenth Amendment : Is It Too Late Now For Say Sorry?

- The Fourteenth Amendment: Is it too late now to say sorry. The Reconstruction Era, 1865 to 1877, was a period marked by a number of overridden President Johnson vetoes and a push for establishing basic rights and citizenship for African Americans. Along with this period of change came three new Amendments—the Thirteenth, the Fourteenth and the Fifteenth—which secured the rights of recently emancipated slaves. The Fourteenth Amendment was directed at the states to recognize and protect life, liberty and property and the rights outlined in the Bill of Rights....   [tags: United States Constitution]

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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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Linda Brown vs. Board of Education of Topeka

- 1868 marked a proud year for African Americans with the passage of the Fourteenth Amendment to Constitution. It proclaimed that “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”1 This essentially color blinded government, and granted all citizens (a category which finally included African Americans) what is described in the document as indisputable equality....   [tags: the Fourteenth Amendment]

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Analysis Of Two Anti Miscegenation Cases

- The Statutes Analysis of two Anti-Miscegenation cases In the Loving v. Virginia, 388 US 1 (1967) is the landmark ruling that nullified anti-miscegenation laws in the United States. In June 1958, Mildred Loving, a black female, married Richard Loving, a white male, in Washington, DC. The couple traveled to Central Point, Virginia and their home was raided by the local police. The police charged the Loving’s of interracial marriage, a felony charge under Section 20-58 of the Virginia Code which prohibited interracial marriages....   [tags: Fourteenth Amendment to the US Constitution]

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The Civil Rights Movement Of The United States

- ... They ruled that as long as the facilities were equal that blacks and whites could be separated. This became known as the “separate but equal” case. The case was a major blow to the civil rights movement legally. What this case did do was that it made the public aware of what was going on. More people were angered about how blacks were treated as a result of this Supreme Court ruling. The “separate but equal” ruling was changed in the Brown v. Board of Education case over 50 years later. Before the case, blacks were being denied entry into public schools because of the “separate but equal” ruling which permitted racial segregation....   [tags: Fourteenth Amendment to the US Constitution]

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The United States Constitution After The Civil War

- ... Either way it is looked at, for a long period of time, the states, government, and citizens got away with treating minorities how they want to treat them, which of course was to keep them segregated. Part II The train conductor’s actions forcing Jon, an African American, to ride in a car towards the rear because his kind ride there is an unconstitutional act. Because of the 13th and 14th Amendments freeing slaves and granting equal protection under the law grants Jon the same rights to ride the train as any other citizen....   [tags: Fourteenth Amendment to the US Constitution]

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The Vs. Proposition : All States Should Adopt And Expand Law

- ... Evans, “The guaranty of ‘equal protection of the laws is a pledge of the protection of equal laws.’” In Romer, the Court found that a Colorado amendment, proposing to prohibit all legislative or judicial action that would protect homosexuals from discrimination, did not pass rational basis review. The Court stated that the law was both too narrow and too broad, in that it “identif[ies] persons by a single trait and then den[ies] them the possibility of protection across the board.” The law in Romer was different than the anti-panic defense laws proposed here – in fact, the law was nearly the opposite, as it was meant to strip LGBT individuals of extra protections whereas these laws w...   [tags: Fourteenth Amendment to the US Constitution]

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The Rights Of Same Sex Marriage

- ... These four principles are: The right to personal choice regarding marriage is inherent in the concept of individual autonomy...,the right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals…,the right to marry is that it safeguards children and families and thus draws meaning from related rights of childrearing, procreation and education…., [and lastly] that marriage is a keystone of our social order. (Obergefell slip opinion, 12-16) These principles as well as the Due Process Clause and the Equal Protection Clause give “right of same-sex couples to marry that is part of the liberty promised…[and that] same-s...   [tags: Fourteenth Amendment to the US Constitution]

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A History Of Civil Rights And Liberties

- A History of Civil Rights and Liberties What are the differences between civil rights and civil liberties. The words right and liberty both appear in the Constitution and are being used interchangeably in modern times, yet they are two completely different concepts. Lowi, Ginserb, Shepsle and Ansolabehere, authors of the textbook American Government: Power and Purpose define civil liberties as “protections of citizens from improper governmental action” (104). They are activities or actions that citizens can engage in without fear of government intervention....   [tags: Fourteenth Amendment to the US Constitution]

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Affirmative Action : The United States

- ... As a result, affirmative action was put into place to help these people compete fairly with wealthy or middle-class communities. In a study from the Educational Testing Service it showed that a majority of students who attend universities are from the middle to wealthy class of America. Due to the lack of educational resources that seem to result from areas where most minorities live with poor school districts, it has become acceptable for most colleges to disregard the lagging in those children’s test scores....   [tags: Fourteenth Amendment to the US Constitution]

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United States Supreme Court Cases

- Historically Significant United States Supreme Court Cases There are many Supreme Court cases that have had significant impacts on our American society. They have each had a historical importance politically and constitutionally. This paper will be discussing the background, the rulings, and the significance of each case. The Supreme Court cases that will be discussed will be: Marbury v Madison, McCulloch v Maryland, Dred Scot v Sandford, Plessy v Ferguson, and Brown v Board of Education. The first case of significance was Marbury v Madison, in 1803....   [tags: Fourteenth Amendment to the US Constitution]

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College Admission Vs. Affirmative Action

- So many challenges have been faced by college admission as universities in Virginia State have adopted the top ten percent rule which guarantees students who graduated in the top ten percent from their high schools to get an automatic admission to public universities (Charleston 2). This law serves as a transition from a race-based policy that had been in use known as the affirmative action. This rule has benefited the minority in the American states. The supporters of this law argue that it ensures geographic and ethnic diversity in universities (Anderson 23)....   [tags: Fourteenth Amendment to the US Constitution]

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The Declaration Of Independence By Martin Luther King Jr.

- ... Segregation was ruled legal in 1896 with the Plessy vs. Ferguson court case. Plessy vs. Ferguson was ruled constitutional because of the “separate but equal” doctrine. Through the years the Supreme Court’s views on segregation and civil rights have changed. Brown vs. Board of Education is grouped into five different cases. These five cases all dealt with the same issue of segregation in schools. The NACCP stands for the National Association for the Advancement of Colored People. Chief Counsel Thurgood Marshall argued the case in support of the plaintiffs....   [tags: Fourteenth Amendment to the US Constitution]

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The Rights Of Same Sex Marriage

- ... The four principles supported the fundamental of love and marriage such as the people have the right to choose who they want to marry so they have to right to be with whomever they love, make sacrifices and have a family. That includes that same sex marriage have the right to have kids as long as they can provide and protects; therefore it was conclude that there are no different between same-and opposite-sex and that it should be treated equality. The principles were aid under the due process clause and many previous court cases throughout history such as Griswold v....   [tags: Fourteenth Amendment to the US Constitution]

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The True Meaning Of Equality

- ... In the ruling by Chief Justice Taney, it was determined that slaves were not Americans, only Congress can determine citizenship, and it also held that the Missouri Compromise was unconstitutional (Oyez). Justice Taney ruling undermined the founding fathers idea that all men are created equal. However, four years after Taney’s decision the Civil War broke out and the North won. With this victory came the Civil War Amendments. The 13th Amendment abolishing slavery; the 14th Amendment made all African American naturalize citizens with equal protection under the law, and the 15th Amendment giving African American men the right to vote....   [tags: Fourteenth Amendment to the US Constitution]

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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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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 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 Fourteenth Ammendment and the Fight for Equal Rights

- By the summer of 1865, the United States of America emerged from one struggle directly into another. After years of tension over state rights and slavery, the nation had exploded into a civil war, only to emerge bloodied but still intact. The question now was how to keep the nation intact, while protecting the freedmen and ensuring that the same powers that had ignited the war could come back to power. To Garrett Epps argues in his book Democracy Reborn: The Fourteenth amendment and the Fight for Equal Rights in Post-Civil War America that the 14th Amendment passed by the 39th Congress of the United States was the penultimate reaction to ensure that recently freed slaves were guaranteed the...   [tags: Post-Civil War America]

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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 Importance of the Thirteenth, Fourteenth, and Fifthteenth Amendendments

- ... This Amendment states that all persons born or naturalized in the United States , and subject to the jurisdiction thereof are citizens of the United States and of the state where in they reside. No State shall make or enforce any law which shall abridge the privilidges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of laws. This Amenedment was particulary important during the time period in which it was ratified because even though African Americans were freed from slavery, they were still denied the same rights and liberti...   [tags: US Constitution analysis]

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The US Constitution: One of the Best Documents Ever Made

- There is a constitution in every country to guide the government and to govern the people. With so many struggles facing the United States of America, one thing was for sure, change was needed. A universal law was needed to fix the government and make it more functional. The US Constitution becomes important because it directly states and explains natural born rights and limits the federal government. Both the government and people are bound to obey it. The constitution contains requirements to the powers and duties of government, Americans have been concerned with their rights, the right to practice religion however they wished was one of the primary reasons the first settlers came to Ameri...   [tags: the fourteenth ammendment]

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Impact of the First and Fourteenth Amendments on Religious Freedoms

- Religion is an essential and complex facet of the American psyche. It plays a key role in supporting the ideal of American exceptionalism and has done so from Independence to the present day. Religion also plays a role in national identification through the “Americanisation” of religion. The emergence of transcendentalism, cults, evangelical sects, and Christian Zionism have all been a result of both the “Americanisation” of faith and American exceptionalism. The importance of religion to America as a nation, means that religion is granted certain freedoms that make passing laws regulating it difficult....   [tags: American exceptionalism, national identification]

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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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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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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 Second Amendment vs Gun Control

- President Barack Obama says we have an “obligation” to try anything that could save one child, but many people find this statement to be ridiculous. Gun control is thought of as a government policy or regulations to control or limit the sale and use of firearms. In the U.S. constitution, the 2nd Amendment 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. Inside America today, gun control is a major issue, especially in the political arena....   [tags: Gun Control Essays]

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The Death Penalty: A Violation of 8th Amendment

- Don't you think that putting people to death is brutal. Wouldn't you rather have them stay in prison for the rest of their lives. In fact, it costs far more to execute a person then to keep him or her in prison for life. The EighthAmendment states that it prevents cruel and unusual punishment, and the death penalty is violating it. The Supreme Court case, McCleskey v. Kemp (1987) violates the Eighth Amendment purpose. Therefore, the death penalty clearly defies the Eighth Amendment and shouldn't be used for people who have convicted murder....   [tags: punishment, cruel, murder]

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The Heller Decision: Reaffirming the Second Amendment

- The Heller Decision: Reaffirming the Second Amendment Purpose: This paper aims to provide an analytic review of the background, context, and key decisions behind the Supreme Court’s ruling in the District of Columbia v. Heller case and explore the effects and impacts of their landmark decision and how it pertains to legal interpretations of the Second Amendment. BLUF Issue: The Supreme Court of the United States of America agreed to review the Second Amendment violation claims involved in the District of Columbia v....   [tags: District of Columbia v Heller Case]

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The First Amendment to the United States Constitution

- December 15, 1791 the First Amendment to the United States Constitution was ratified, guaranteeing that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech." At an absolute minimum, the Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion, such as existed in many other countries at the time of the nation's founding (University of Missouri-Kansas City, 2011)....   [tags: American History]

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Abortion and the Privacy Amendment

- Abortion and the Privacy Amendment A U.S. citizen's "right to privacy" was first discussed in an 1890 Harvard Law Review article in which two Boston lawyers, Louis Brandeis and Samuel Warren, defined it as "the right to be let alone." Since then, the right to privacy has provided the basis for a stream of revolutionary and controversial constitutional interpretations by courts across the United States, culminating in the U.S. Supreme Court's Roe v. Wade decision in 1973. Although decisions have come down in favor of a right to privacy, they are largely based on a broad and disputed interpretation of the Fourteenth Amendment....   [tags: Argumentative Persuasive Topics]

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Same Sex Marriage Is Protected By First Amendment

- Same-sex marriage is protected by First Amendment. Attacking same-sex marriage against American’s Bill of Rights. Same-sex marriage is already legalized ordinarily by the Supreme Court. The Fourteenth Amendment guarantees of due process and equal protection to every citizens, includes LGBTs. Legalization same-sex marriage is proven by the Supreme Court, the highest court in the United States. Asserting the rights to hate LGBTs is same with ignoring human rights. Religion cannot be the absolute answer even the religious roles ethical standards of society....   [tags: Supreme Court of the United States]

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Flag Burning and the First Amendment

-    Your First Amendment rights are extremely close to being violated by none other than the United States Congress. I refer to the Flag Desecration Bill that, if passed, would do irreparable damage to our right to free speech and undermine the very priniciples for which the American flag stands. Fortunately, West Virginians have an ally in Sen. Robert C. Byrd. Sen. Byrd, who previously favored the bill, now fights to protect our rights by stopping the passage of this bill. I applaud his stand and want to reinforce his position....   [tags: Argumentative Persuasive Topics]

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The Case of Arizona v. Hicks of 1986

- The Case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask. The officers began to search the apartment without a warrant. As the officers continued searching, one of them (Officer Nelson) found some expensive stereo equipment....   [tags: Fourth or Fourteenth Amendments]

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Reflections On The First Amendment

- Reflections on the First Amendment On December 15th, 1971, the first X amendments to the Constitution went into affect. The first X amendments to the constitution were known as the Bill of Rights. The First Amendment was written by James Madison because the American people were demanding a guarantee of their freedom. The First Amendment was put into place to protect American’s freedom of speech, freedom of religion, freedom of assembly and freedom of petition. The First Amendment was written as follows; “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...   [tags: Political Science]

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14th Amendment -EQUAL PROTECTION UNDER THE LAW

- EQUAL PROTECTION UNDER THE LAW In school especially, as well as throughout our daily lives, we learn in America to live by the idea of freedom and equality for all. We do not allow race, class, or creed to determine a person’s stature in the community. It may seem as if this is the standard of society, but these ideas of equality have been fought over since the beginning of written history, and even in America today, prejudice still exists. To address these and similar problems, the founding fathers of this nation created a Constitution which included laws that dealt with individual freedoms....   [tags: essays research papers]

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Mapp v. Ohio Fourth Amendment Case

- Mapp v. Ohio: Controversy of the Fourth Amendment Ms. Dollree Mapp and her daughter lived in Cleveland, Ohio. After receiving information that an individual wanted in connection with a recent bombing was hiding in Mapp's house, the Cleveland police knocked on her door and demanded entrance. Mapp called her attorney and subsequently refused to let the police in when they failed to produce a search warrant. After several hours of surveillance and the arrival of more officers, the police again sought entrance to the house....   [tags: essays research papers]

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Students Shoud NOT Have the Tight to Free Speech

- According to the First Amendment Center, located at Vanderbilt University and at Washington, D.C.’s Newseum, there are twelve categories of speech that are not protected by First Amendment rights. These are: “obscenity, fighting words, defamation (libel, slander), child pornography, perjury, blackmail, incitement to imminent lawless action, true threats, solicitations to commit crimes, and plagiarism of copyrighted material” (para. 2). The center also adds that “some experts also would add treason, if committed verbally” (para....   [tags: first amendment, speech]

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Freedom of Religion and Freedom of Expression: Tinker V. Des Moines

- What if you were suspended from school because of something you were wearing. Not only was the clothing or item appropriate, it was something you were fighting for or something you believe is right. Is this fair or okay for this to happen. There is a specific incident that this situation happened to a few teenagers in Des Moines, Iowa in December of 1965. A group of students wanting to wear black armbands throughout the holiday season was in for a wake up call. (FORTAS) These plans and or idea were quickly shot down by the high school principals....   [tags: freedom, first amendment, rights]

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How the Earl Warren Court Liberalized America

- ... Board of Education (1954). The cases of Gideon v. Wainwright (1963), Escobedo v. Illinois (1964) and Miranda v. Arizona (1966), all helped define Due Process and the rights of defendants. In the court case of Gideon v. Wainwright, the Supreme Court ruled that if the defendant can not afford an attorney, then one will be provided for them. Also, under the Supreme Court’s ruling of the case of Miranda v. Arizona, meaning that when arrested, your basic rights must be stated, that you have the right to remain silent and that anything you say can and will be used in court....   [tags: amendment, rights, segregation]

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Should Violent Video Games Be Ban?

- ... Than a person who do not or rarely play any video game. This means a person who play videogames, are better suit around his or her surrounding and could help improve our society. Between 1995 and 2008 there has been huge production of violent video games because of this there has been a huge decrease of juvenile crimes. In the article, Do Violent Video Games Contribute to Youth Violence, the defenders of violent video games argue, “ if video games do cause youth to be violent, then one would expect juvenile violent crime to increase as more youth play violent video games....   [tags: crimes, 14th Amendment, claim]

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The Case Of Near V Minnesota

- The case, Near v Minnesota, took place in Minneapolis in 1929. It was argued on January 30, 1931 and was decided on June 1, 1931. This case appeared in the supreme court after the constitutionality of Minnesota’s law was questioned by Jay Near, the defendant. Near was to be censored due to his "malicious, scandalous and defamatory" article about the Chicago chief of police and many other local officials with being affiliated with gangsters. This then led to a lawsuit that formed from an attempt by Floyd B....   [tags: First Amendment to the United States Constitution]

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Students Protesting The Vietnam War

- ... Des Moines Independent Community School District) The case also states “A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments” (Tinker v. Des Moines Independent Community School District). Because the students didn 't necessarily disrupt the education process, their First Amendment freedom of speech should not have been violated by the school officials....   [tags: First Amendment to the United States Constitution]

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Freedom Of Speech And Arguments For Free Speech

- Thomas Jefferson once said, “Where the press is free and every man is able to read, all is safe”. In his quote, Thomas Jefferson is referring to freedom of speech. Freedom of speech also referred to as freedom of expression (Roleff). The freedom of speech is an unalienable right given to every citizen of the United States of America. The Bill of Rights, which includes the first amendment, was drafted in 1789 and adopted in 1791. In 1925, the United States Supreme Court declared the freedom of speech as a civil liberty....   [tags: First Amendment to the United States Constitution]

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Censorship And Its Effects On The 21st Century

- ... No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall nay state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (14th Amendment). Butler’s conviction was later reversed based on disregarding his first amendment rights as protected by the due process clause of the fourteenth amendment. A British common law, the Hicklin principle states any obscene material that tended to deprave the minds of the youth that make it possible for them to be influence by vulgar visuals and media....   [tags: First Amendment to the United States Constitution]

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Student 's Rights And Responsibilities : Board Of Education V. Foster

- Student’s Rights and Responsibilities: Board of Education v. Foster The case under review involves Bill Foster, who attends a large high school in the northeastern part of the United States. Due to a strong gang presence in the high school, the administrators created a strict policy which denies students the wearing of earrings, jewelry, athletic caps, and emblems. Foster was suspended for wearing an earring to school. He claims that wearing the earring was a form of his self expression and individuality; his intention was not as a gang emblem, but rather a means to attract girls....   [tags: First Amendment to the United States Constitution]

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The Freedom Of Speech And The Sports Industry

- ... This puts them in a different category than non student-athletes whose social media activity is not banned or monitored at their college or university. The social media accounts of student-athletes are not only the reflection of the athlete and the whole team but also of the college/university itself. However, I do believe that putting a ban on social media or monitoring the accounts of student athletes does in fact raise potential constitutional issues and takes away the freedom from the athletes....   [tags: First Amendment to the United States Constitution]

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Article Review : ' Bong Hits 4 Jesus '

- Facts: A student and his colleagues held up a fourteen foot banner stating “BONG HITS 4 JESUS,” at a school approved public event. [1] At the request of the principle to take the banner down, all of the students complied with her request expect for Frederickson. The principle confiscated the banner when the student refused to comply because she regarded his message as violating student-conduct policies prohibiting the promotion of illegal drug use. Frederickson filed suit that the school violated his First Amendment rights of free speech when the principle confiscated the sign and suspended him from school for ten days as a disciplinary action for violating school policy even though he was o...   [tags: First Amendment to the United States Constitution]

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Women Gain Suffrage

- The Nineteenth Amendment to the U.S. Consititution provides women equal voting rights to men, and states citizens’ vote “shall not be denied or abridged by the United States or by any State on account of sex.” It is the congress’ job to bring this regulation into focus (Grolier,2009). Women being given the right to vote is important not only to society but also because it has had a significant influence in women’s personal lives. In 1848, the American women's rights movement started, during this movement, even though the leaders of the women’s rights advocated for the Reconstruction amendments , such as Fourteenth and Fifteenth Amendments, these amendment did not promote women’s suffrage....   [tags: amendment, equality, voiting rights]

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Fantastic Fitness, A Health And Fitness Club

- ... Young Social Reformers Club In Moose Lodge No. 107 v. Irvis, Justice Rehnquist, writing for the Majority, stated that “[i]n 1883 this Court In the Civil Rights Cases set forth the essential dichotomy between discriminatory action by the State , which is prohibited by the Equal Protection Clause, and Private conduct , “however discriminatory or wrongful” against which that clause “erects no shield”. Additionally, Chief Justice Vinson, writing for the Majority in Shelley v. Kraemer, reiterated the meaning of the Equal Protection Clause as it relates to government action by stating “....   [tags: First Amendment to the United States Constitution]

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Is Flag Burning Protected by the First Amendment?

- Is Flag Burning Protected by the First Amendment.          Can an individual be prosecuted for openly burning the American flag in a political protest. Gregory Johnson did this in a political protest outside Dallas City Hall. He was then tried and convicted of desecrating a venerated object under a Texas law (Penal Code 42.09), which states that "a person commits an offense if he intentionally or knowingly desecrates a state or national flag" (317). The question of whether this Texas law is in violation of the First Amendment, which "holds that Congress shall make no law......   [tags: Argumentative Persuasive Topics]

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The Debate Over Freedom Of Speech

- As a sophomore attending a public university, the issues of racist speech and freedom of speech have been brought to my attention more than ever before. These issues are more than relevant. The debate over freedom of speech is of utmost importance to the college student and common citizen alike. College students today need, not only to know their rights, but they need to know how and when those rights should be used. They especially need to know how to use them in an academic setting for the purpose of intellectual and social growth....   [tags: First Amendment to the United States Constitution]

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The Significance Of Supreme Courts Jurisprudence

- Section IV Q8: The Significance of Supreme Courts Jurisprudence through Judicial tests on the Right to Freedom of Speech. The Supreme Court in several cases regarding free speech challenges has produced several significant precedents over time who’s jurisprudence have both defined the limitations of an individual’s right to free speech as well as placed restrictions upon the government’s ability to regulate free speech. Political speech challenges in particular have led to multiple disputes that have resulted in a series of judicial balancing tests....   [tags: First Amendment to the United States Constitution]

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Analysis Of Tinker Vs. Des Moines

- Speech rights have changed or been expanded through a series of 20th and 21st century court decisions to include political speech, campaign financing, pornography, and school speech. In Tinker v Des Moines (1969) the Supreme Court ruled that students "do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." The ruling stated that school officials had violated freedom of speech by suspending some students who wore black armbands to protest the war in Vietnam....   [tags: First Amendment to the United States Constitution]

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Significance Of Court 's Civil Liberties Jurisprudence On The Right And Free Exercise

- ... In addition, the Court maintained the law criminalizing the use of peyote that incidentally, but did not directly place a burden upon an individual’s right to exercise one’s religion. Furthermore religious exemptions were not required when the conduct was justifiably prohibited by law for reasons unrelated to religious motivated conduct. (Rossum and Tarr pg, 356, 357). Specifically, the Court determined the overall prohibition of drug use for the public safety met the compelling interest requirement....   [tags: First Amendment to the United States Constitution]

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Curfews Should Be Eliminated

- “A society that will trade a little liberty for a little order will lose both, and deserve neither.” ~ Thomas Jefferson. This quote epitomizes my position that curfews should be eliminated. Liberty is a concept in political philosophy that means human beings are able to govern themselves and behave according to their own free will. Curfews ignore the idea of liberty and have not proven themselves as a successful tool against juvenile crime and yet are popularly utilized throughout the United States....   [tags: Curfews Violate First Amendment Rights]

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Principle Three : School Attendance

- ... Two private schools challenged the law and won in Oregon District Court. The State of Oregon appealed the decision to the U.S. Supreme Court. Issues: Did the revisions to the Compulsory Education Law hinder parents’ rights to raise their children according to their own design. Ruling: The U.S. Supreme Court upheld the Oregon District Court decision. The court believed the state should have an interest in schools, but it should not override the power of a parent to choose which school their child attends....   [tags: First Amendment to the United States Constitution]

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St. Bartholomew 's Church

- Does the Landmarks Law violate the Religion Clauses of the First Amendment by excessively burdening the practice of religion and entangling the government in religious affairs. Does the Law violate the Equal Protection Clause of the Fourteenth Amendment by applying different standards to commercial and charitable institutions. Does the Law violate the Taking Clause of the Fifth Amendment by taking property without just compensation. Section Two: The Facts St. Bartholomew’s Church is a Protestant Episcopal Church in New York City....   [tags: First Amendment to the United States Constitution]

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Adair v. U.S. and Coppage v. Kansas Analysis

- Adair v. U.S. and Coppage v. Kansas became two defining cases in the Lochner era, a period defined after the Supreme Court’s decision in Lochner v New York, where the court adopted a broad understanding of the due process clause of the Fifth and Fourteenth Amendment. In these cases the court used the substantive due process principle to determine whether a state statute or state’s policing power violated an individual’s freedom of contract. To gain a better understanding of the court’s reasoning it is essential to understand what they disregarded and how the rulings relate to the rulings in Plessy v....   [tags: lochner era, supreme court, fifth amendment]

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Diversity in Higher Education

- ... 394). In 2010, the school conducted another experiment where it used the class-based system primarily to determine acceptance, with race-based as a “potential secondary factor boost” (Gaertner & Hart, 2013, p. 396). The researchers found similar results as in the 2009 experiment, with students from disadvantaged backgrounds being accepted at a higher rate than if race had been the sole determining factor. It was also determined that acceptance rates for underrepresented minority groups improved under the new system, with a seventeen percent increase in these groups being admitted, when class and race were considered, as opposed to only race-based admission policies being used....   [tags: 14th amendment, equal protection, supreme court]

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What Role Should The Government Play in Gun Control?

- What Role Should The Government Play in Gun Control. 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.      Gun control is a real issue with Americans today. Many people have different opinions about how to handle our growing dilemma concerning guns. There are those who believe we should ban guns altogether and those who believe we should not ban or restrict the people's right to own guns at all. Both sides have valid arguments, but neither side seems to know how to compromise because of their very different opinions....   [tags: Second Amendment The Right To Bear Arms]

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United States V Santana ( 1976 )

- ... In order to investigate the shooting, the police officers had to entered hick’s apartment, after going to his apartment, the officers found that there were three weapons along with a stocking mask. During the search that was done without a warrant, one of the officer noticed some expensive stereo equipment which he thought that had been stolen. The officer moved some of the components, recorded their serial number, and then seized it after learning from police headquarters that his suspicion was correct....   [tags: Fourth Amendment to the US Constitution]

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The Supreme Court 's Decision

- The Supreme Court’s decision in New York Times vs. Sullivan is of the most progressive, liberal, and Madisonian interpretations of the First Amendment. For three of the nine justices, however, the actual malice standard established by this decision is not enough to protect the civil liberties of the press. Justices Goldberg and Black’s concurrences espouse the idea that the First Amendment protects the right to freely criticize public officials with impunity. The concurrences in New York Times vs....   [tags: First Amendment to the United States Constitution]

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There Any Resolutions For Conflicting Constitutional Amendments

- ... The “[c]onservative pushback [beginning] with the dissenting justices: Clarence Thomas warn[ing] of ‘potentially ruinous consequences for religious liberty.’” according to Emily Bazelon, author of What Are the Limits of ‘Religious Liberty’. Justice Thomas predicts that the rights of gays to marry will bring to an end the religious liberties of the faithful. However, statement like that of Justice Thomas’ has stimulated the creation of purposefully discriminatory laws such as the reenactment of Religious Freedom Restoration Act (R.F.R.A)....   [tags: United States Constitution]

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Amendments And Evidence Of A Criminal Trial

- ... Weeks’s case essentially created the exclusionary rule (Wilson, 2014). The exclusionary rule prohibits wrongfully seized evidence from being introduced at trial and if evidence is introduced it is in violation of the defendant’s Fourth Amendment. This case is extremely important to law enforcement. The Weeks case set federal boundaries and guidelines for law enforcement to make sure they are conducted searches with valid warrants and are no longer using evidence that may have been illegally obtained....   [tags: United States Constitution]

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Amendments Ended the Civil War in 1865

- The civil war ended in 1865, as a result bringing three new amendments to the constitution they were; the thirteenth amendment which abolished slavery, the fourteenth amendment, which defined the national citizenship, and the fifteenth amendment that prohibited the denial of the right to vote due to race color or past. However, many slaves were withheld from the knowledge that they were free. Yet, other slave owners had to pay their former slaves as laborers out of necessity for example: Colonel P....   [tags: slaves, freedom, church]

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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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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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