Matthew Feeler Political Science 101 M/W Byron 11/17/16 Midterm: Question 1 The 14th Amendment was created after the civil war in 1868 and the underlying premise of the amendment gives equal protection and rights to slaves. This main idea was obviously the cause of the civil war and gaining freedom from slaves. Although, another part of the Amendment was what is known as the “due process” in which citizens are granted rights to life, liberty, and property. A huge topic of controversy for years has been the idea of same-sex couples being able to marry, and recently in 2015 the supreme court ruled that same sex marriage is legal which to some was very surprising, although some believe that with the 14th amendment, this is a right that should …show more content…
The 4th Amendment, which is considered one of the most important in detailing the privacy we are given, states that we as persons are given freedom from unreasonable searches and seizures. This amendment also says that no warrants can be issued without probable cause. Generally speaking, this created that no one can be searched unless a warrant is issued, although with someone who is in pursuit of crime, a warrant will be unnecessary. This amendment was also able to create the idea that phones cannot be tapped in with unless a warrant was written, this includes any and all phones, even public phones. The 5th amendment gives us protection against self-incrimination which allows us to have privacy of personal information. The 9th amendment basically asserts that any rights not given in the Constitution are not necessarily denied to an individual. This idea of the 9th amendment supports the 1st, 3rd, 4th, and 5th, amendments in verifying that we do receive privacy to a very promising extent amongst phone calls and emails. Now although, we understand, in certain cases these rights will be violated if there is enough verification and evidence that needs a warrant, then the warrant overrules to provide safety. So in conclusion, in fact the Bill of Rights supports our privacy of emails and phone calls even if there is no rights supported in the
Various guarantees create zones of privacy. The right of association contained in the penumbras of the first amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers “in any house” in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Fifth Amendment in its self-incrimination clause enables the citizens to create a zone of privacy which government may not force him to surrender to his determent.
•Explain what the amendment says (in plain English) – Search and seizure: the fourth amendment. This amendment prohibits officers and active members of the law to unlawfully search or enter a home or school without a search warrant; and even with a warrant you can only search where evidence might be found. If you are looking for a stolen car, you cannot check the kitchen cabinets the car won’t be there. If an area is improperly searched and something is found that cannot incriminate anyone, and is not allowed to be displayed in the court of law. •Explore what issues made it important for lawmakers in the Early Republic--important enough to add this amendment to the Constitution.
The Fourteenth amendment is a significant addition to the constitution and although the amendment has five sections, section 1 has had the moral lasting significance through its creation of three important provisions concerning citizenship, due process and equal protection. The Fourteenth Amendment granted citizenship to all people born or naturalized in the United States and subject to the jurisdiction thereof. The fourteenth Amendment also forbid the states to deny their citizens due process of law or equal protection of the law, that is, it made certain provision of the Bill of Rights applicable to the states. Lastly, the Fourteenth Amendment prohibits the government at any level from unfairly or arbitrarily denying a citizen their fundamental
The 4th Amendment may be aggravating for the police, but on the other hand is beneficial for United States citizens. The 4th Amendment preserves protection, produces citizens to feel secure, and prohibits insignificant searches. Without the involvement of the 4th Amendment in the United States, government or authorities could invade privacy and go through citizen’s belongings without any type of
The Fourth Amendment also provides citizens with privacy. One way it does this by not having the NSA listen to citizens’ phone calls. (4.4)This allows people the privacy of having their own private conversations; it gives them their right of privacy. Similarly, the NSA does not read citizen’s emails. (4.4) Again, this allows people the privacy of having their own private conversations.
The fourth amendment deduces a privacy of one’s person by not allowing self-incrimination in a criminal prosecution. Finally, the ninth amendment seems to declare a possible view of privacy by declaring that there could be “additional fundamental rights” not covered in the initial amendments which could be used by the people: like the right of privacy, which could be used in a court of law under certain
Cell phone can unveil information within our call history, text messages, pictures, and even internet searches. Access to our cell phones is like access to our lives. No matter how much time passes, the fourth amendment continues to
The potions of the Bill of Rights that have a particular significance to the administrations of justice are the Fourth Amendment, Sixth Amendment and the Eighth Amendment. The Fourth Amendment follows a excellent standard when it comes to our privacy. Our privacy should always be supreme until reasonable suspicion has shown guilt. Without this Amendment, a cop could search you anywhere at anytime based on his biased opinion of you.
The amendment 's go on from freedom from unreasonable searches and seizures, to the tenth amendment which is powers reserved to the states. Having all of these amendments in the U.S Constitution allows Americans to live freely in
The Bill of Rights are the first ten amendments in our Constitution which protect our fundamental rights and ensure a limited government. In 1868 the 14th Amendment was added, which guarantees citizens equal protection under the law and due process. For the Bill of Rights to be effective it would have to protect everyone rights equally, but there are too many cases when minorities or anyone else’s rights are infringed. Therefore the Bill of Rights and 14th Amendment is ineffective and does not protect the rights of all citizens. Someone’s race, gender, and religion could all affect how they are treated.
The Fifth Amendment is one of 10 amendments included in the U.S. Constitution, it was ratified in 1791 as a component of the Bill of Rights, providing that no person would be required to testify against himself or herself in a malefactor case and that no person will be subjected to a second trial for an offense for which he or she has been duly endeavored anteriorly. This amendment provides for due process of law where the government is seeking to deprive a person of life, liberty, or property and therefore precludes government confiscation of private property for public use without just emolument to the property owner. The Fifth Amendment is important mainly because it protects us from having our rights violated by the government. In
In 1787 the United States’ constitution was written, two years later the Bill of Rights was added. The Bill of Rights consists of ten amendments which were designed based on the American ideals to ensure that the federal government is not too powerful, and that it would protect the rights of the people or of the state. One of the most important amendments in the Bill of Rights is the sixth amendment which gives the people the right to enjoy a speedy trial when accused, and it allows the accused person to know the cause of accusation and who his accuser is. It clearly represents some of the American ideals such as: democracy, equality, and opportunity. The sixth amendment provides more requirements for a fair trial in criminal cases.
The Amendment That Gives Us Protection The constitution of the United States was written in 1789 and it consists of 27 amendments. One of the amendments is the fourth. The fourth amendment states that the people have a right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures and shall not be violated without a warrant issued upon probable cause. The fourth amendment prohibits unreasonable searches and seizures by the government and requires that search warrants need to be reviewed by the judge and a reason.
The founders of our country believed these rights so important, that they wrote them into the Constitution to prevent the government from becoming too strong. The Judiciary has the responsibility (Supreme Court) to ensure laws do not violate the Constitution, Each court must take into account the Bill of Rights when determining if a law is unconstitutional. While each amendment is very important we will only focus on the three aforementioned amendments, the First Amendment guarantees the freedom of religion, speech, press, the right to assemble and the right to petitioning the government for redress of grievances (Legal Information Institute 2015). The Fourth Amendment provides individuals with the right to be secure in their persons against unreasonable search and seizure (Legal Information Institute 2015). The Fifth Amendment stipulates that no person can be held for a crime unless indicted by a Grand Jury or be required to self-incriminate, and lastly cannot be deprived of life, liberty or property (Legal Information Institute 2015).
As a future lawyer, I believe that each human being on this earth, not just Americans, have the right to defend themselves and not be forced to bring themselves down. The eighth amendment is something that I am very passionate as well. Even though many people everyday are wrongfully thrown into jail and punished unlawfully, it is a right that every man or woman is entitled to have. The tenth amendment is significant due to the fact that the people who are being guided by the government should have a say in who they want to guide