Limiting Constitutional Rights to Bear Arms The capital issue in the hypothetical court case detailed within Application 1.2 is the boundaries for limitations on the personal right to bear arms. Those boundaries are unclear in this case, because the Continue Reading...
Constitutional Rights of Prisoners The hands off doctrine that existed throughout the United States through the 1960s was the notion that the law did not apply to prisoners. It Convicted offenders, who were incarcerated, were not eligible for the sa Continue Reading...
For example in "Bonita P. Bourke, et al. v. Nissan Motor Corporation in U.S.A.," (California Court of Appeals, Second Appellate District, Case No. B068705, July 26, 1993). The plaintiffs said the company's review of e-mail messages over a company sy Continue Reading...
However, the courts did find that police officers at any time may be forced to appear in a lineup, although this constituted a seizure of the officer's physical person. Explain how the free exercise of religion can pose problems for criminal justic Continue Reading...
Griswold appealed her conviction, arguing that the Fourteenth Amendment's due process and equal protection clauses prohibited the anti-contraceptive legislation. The Supreme Court agreed. While the Court acknowledged that the Constitution never expl Continue Reading...
(The Sixth Amendment, http://civilliberty.about.com/od/lawenforcementterrorism/p/6th_amendment.htm. Retrieved 6 December 2009.) The Fourteenth Amendment, although not (obviously) a part of the Bill of Rights, presents rights that are as central to Continue Reading...
In the case of Bowers v. Hardwick the United States Supreme Court failed to strike down Georgia's sodomy laws, as they applied to homosexuals, because rather than treat the matter as one of privacy rights, the court instead viewed the case from the Continue Reading...
The 8th Amendment and Prison Life Not all of an individual’s Constitutional rights are lost the moment the person is incarcerated. On the contrary, it is there that they become more important than ever because it is in the penitentiary that ind Continue Reading...
Minor's Constitutional Rights courts have recognized some Constitutional rights for students attending public schools that school officials need to be aware of. Even though, school officials have been given the right to control student conduct on sc Continue Reading...
Criminal Defense, Constitutional Rights Arrest Constitutional Rights Before and After Arrest Constitutional Rights are essential when considering a person's relationship with the authorities before and after his or her arrest. These rights practic Continue Reading...
violation of the student's Constitutional rights The issue is whether there has been a possible violation of a student's "constitutional right to education" due to the fact that during the time she had to stay in the cage based on Mr. Billups' orde Continue Reading...
These amendments are strings of thoughts and beliefs made possible through enactment, and a new period in history is chronicled once again. Take as an example the First Amendment to the Constitution. This amendment directly concerns the Bill of Rig Continue Reading...
Constitutional Rights – The Trial by Franz Kafka Introduction The Trial by Franz Kafka is considered to be a narrative that details the arrest, trial and execution of Joseph K, the protagonist of the novel, who plays the role of the chief clerk Continue Reading...
Right to Carry Handguns for Self-Protection: The right to carry handguns for law abiding citizens has been a continual social and political debate about the restriction or availability of firearms within the country. Actually, the right to carry han Continue Reading...
5.0 Conclusion As this paper has argued, the Second Amendment was designed not only to protect the militias; it was also intended to protect an individual's right to own and bear arms. Those groups opposed to the private ownership of firearms shou Continue Reading...
The framers did not mention police departments or other local governmental units, which has led to some misconceptions about the right of people to arm themselves when protected by municipal government agencies. However, this is because municipal po Continue Reading...
Amendments from the Bill of Rights in U.S. amendments 1st amendment 5th amendment 8th amendment Policy necessary for police investigators when interrogating suspect Type of crime Constitutional right upheld Rationale of the policy Evaluation Continue Reading...
Nelson -- the decision in which was binding on all lower courts -- was decided in favor of the state law in Minnesota banning same-sex marriages (UMT 2010). Conclusion The issue of the rights of gay, lesbian, and transgendered people are still in Continue Reading...
Rights of Accused One of the most significant legal principles that originated from the English Law and is cherished by conservatives is the due process clause. Actually, the Due Process Clauses can be regarded as among the most essential and contro Continue Reading...
In the case, Carty was a passenger of a vehicle operated by another individual. The vehicle was stopped for speeding, and the driver of the vehicle was asked to sign a form of consent to search the vehicle. During the search, the officer did a pat d Continue Reading...
The prima facie evidence provision in this statute blurs the line between these two meanings of a burning cross. As interpreted by the jury instruction, the provision chills constitutionally protected political speech because of the possibility that Continue Reading...
Right to Privacy, 1st Amendment The parameters of one's right to privacy have long been a subject of controversy and while the Constitution does not expressly guarantee one's right to privacy, there are several amendments that were designed to prote Continue Reading...
On this matter, House Democratic Leader Nancy Pelosi stated, "Congressional leaders have no business substituting their judgment for that of multiple state courts that have extensively considered the issues in this intensely personal family matter." Continue Reading...
If Harry had been stopped at a sobriety checkpoint, the outcome of his case would be dramatically different. The Supreme Court has determined that sobriety checkpoints are legal, as long as they are conducted in a neutral manner. Stopping all appro Continue Reading...
Constitutional Law The case of the 'Lawrence vs. Texas' of June 26, 2003, was in a nutshell about privacy rights and 'equal protection' under the law, and whether 'sodomy' can come under the protection of the U.S. Constitution. Who were the Petitio Continue Reading...
Right to Vote Today there are still a few countries in the world that deny women's right to vote or condition it based on education grounds, like Lebanon or age, like the United Arab Emirates, but in the vast majority of the countries women have ear Continue Reading...
Following In Re Marriage Cases, a group of protesters gathered enough signatures in order to place a constitutional amendment on the ballot in November, 2008. The amendment set out to limit marriage in California to opposite-sex couples. However, th Continue Reading...
His presence at the premises was a product of the coercive interrogation rather than any freely-given consent to search secured through legal means. The State will argue that no warrant was required for Hardbutt to search the premises because Hipho Continue Reading...
Embedded into the express rights and freedoms of the United States Constitution and Bill of Rights is the right to bear arms. The Second Amendment states explicitly the purpose for its existence: "A well regulated Militia, being necessary to the secu Continue Reading...
5 ounces of steel in them. The bill did not pass, but eventually a compromise bill went through requiring all handguns to have at least 3.7 ounces of steel. No completely plastic gun has ever been produced, although guns with a plastic frame are popu Continue Reading...
amendments are an important part of the U.S. constitution and their effect on the legal system. Generally, the constitutional amendment process is crucial to the United States Constitution and legal system because it allows it to grow and incorpora Continue Reading...
rights of juveniles in regard to criminal proceedings have been highly debated for a number of years. It is an issue that continues to be debated and the likelihood is that it will remain so. Needless to say, juveniles charged with criminal offenses Continue Reading...
Rowan County, North Carolina had a prayer policy that was aligned with Christian norms as well as the prevailing values of freedom and liberty in the United States. The policy pertained to the opening ceremonies before public meetings, which include Continue Reading...
" Radical abolitionists began springing up all across the nation. They started a movement early in the 19th century and gained power and strength as more people began to speak out against the owning of human beings. Many abolitionists defied the or Continue Reading...
Habeas Corpus / GWOT The civil rights entailed by habeas corpus -- a Latin phrase meaning something like "let you have the body" -- ultimately find their origin in the Magna Carta, a document which was signed (somewhat reluctantly) by King John of E Continue Reading...
The First Amendment The First Amendment states that “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 p Continue Reading...
Earl M. Maltz, Dred Scott and the Politics of Slavery. University Press of Kansas, 2007. Eric Maltz's book Dred Scott and the Politics of Slavery is a standard history of the key issue of slavery in the western territories in the United States from Continue Reading...
Constitutional government Creating a system of checks and balances A constitutional government places limits upon the exercise of power in writing. Power is invested in institutions, not simply in people or customs. According to President Woodrow Wi Continue Reading...
In asserting that the right to bear arms must be interpreted in the collectivist point-of-view, the author rationalized that "the more collectively the right is interpreted, the more broadly Congress can legislate to restrict the right to bear arms" Continue Reading...
The first argument would be to point out that essentially, the right to bear arms is an individual right that can be exercised by any member of the civil society. In so doing, an individual is merely accomplishing a right that is rightfully his/hers Continue Reading...
