In June 21, 1973, Miller was convicted on the ground of advertising the sale of what was considered by the court as adult material. He was found guilty as he broke the California Statute. The California Statute forbids citizens from spreading what is considered offensive in societal standards. The question that was being asked was that if the action of Miller was Constitution thus is protected under the law. However, he lost the case due to a vote of 5 - 4. The court noted that the material that Miller distributed by Miller was not protected under the first Amendment. The court said that the materials Miller distributed were offensive to people, therefore violates the California Statute. (“Miller v. California.")This is a similar argument that is used
In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe.
In 1787 our founding fathers assembled the constitution of the United States of America. Of this which contains the most important document to the American citizen, the Bill of rights. The first Amendment states: “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 peaceably to assemble, and to petition the government for a redress of grievances” These freedoms granted by the Bill of Rights are often known as freedom of expression. These rights are most important to a truly free society. The first amendment provides us with new ideas and dismisses the fear of punishment
The 14th Amendment was a milestone in the United States history. It is the sole amendment that keeps our people and their rights together. The rights of the people are a major aspect to keeping the American society going in a positive direction. With no rights, the government of the United States would be purely communism with one leader giving all of the orders. In most cases, history has proven that way of running your society is not the most successful way of doing things. Other than the American citizens, another major factor that the 14th Amendment affects is the education system. Keeping the equality between all students is key in today's world. One of the most grossing arguments is on how to have total equality with all races, genders
Would you like your home to be searched in the middle of the night and have all of your stuff thrown on the ground just because a police officer may think that you have been doing something illegal? Luckily your Fourth amendment right protects you from this ever happening. The purpose of the Fourth Amendment is to protect U.S. citizens from unreasonable searches and seizures by the government. During the revolutionary war the British had imposed the writs of assistance which was a law that gave British government much more power over American Individuals. Americans were very unhappy with the writs of assistance because many would be thrown in jail without reason or a very weak one and their property would be destroyed by British officials who
The criminal justice system has a set of rules it follows when arresting, interrogating, and placing the accused on trial. These rules are known as procedural rights. Procedural rights are the rights of the accused/defendant, when going through the criminal justice system. They are the first ten amendments of the United States Constitution (Bohm, 2018). Also, known as the Bill of Rights. Four of the ten amendments are found in criminal justice proceedings. These are the fourth, fifth, sixth, and eighth amendments (Bohm, 2018).
The US Constitution is a document based on the US Federal government’s law and it presents legal checks and balance for the branches of government. The reasoning behind this system was to give an in depth set of values and guidelines for the American people. It is separated into three parts: The Articles, the Bill of Rights, and the changes and additions.
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 protection of those charged with crimes is as important as any other provision in the American Constitution. It may sound like a paradox at first that it is this important to protect criminals, but looking further into it, it begins to make a lot of sense. All humans, no matter what, should never be treated cruelly, as our founding fathers knew well, as this would put us at the same level as those we deem to be unfit to participate in normal society. Even though this provision has been in the Constitution since the inception of the Bill of Rights back in 1789, not much attention was brought to it until a case in 1910 brought to light the idea that cruel and unusual punishment was not limited to just barbaric, medieval acts, but that it
I personally find that out of all the amendments the most important one is the 6th amendment. Reason being that it is crucial in aiding the judicial process from wrongly persecuting innocent people and it allows our democratic process to continue without preventing innocent people for taking the fall while punishing those who harm it. It keeps justice in check, keeping laws in line and rulings to be fair. The 6th amendment helps the defendants have an attorney when they are unable to afford one. As stated on www.healio.com, the Gideon v. Wainwright case is what brought the need for constitutional protections being accessible by citizens. This being one of the main reasons this amendment is important because not everyone
The 7th Amendment is a criminally underrated amendment. If one was to ask the average American which amendment best protects their rights, one would likely hear the First Amendment, Second Amendment, the Fifth Amendment, or even the Twenty-first Amendment if they enjoy partying. However, these answers are all incorrect (not to say that the other amendments are not important as well of course). The Seventh Amendment best protects the right of all Americans by preventing the government from incarcerating a citizen on flimsy charges and ensuring that a citizen will not be imprisoned or punished without good cause. Without the Seventh Amendment, Americans could be subject to tyranny and have no protection from the government. The Seventh Amendment
Early Americans fought the Revolutionary war to be free of Great Britain, and that’s why we have our basic freedoms that allow us to do different things that other country’s citizens couldn’t. All of this is because of our first amendment. The first amendment has had an enduring impact on the United States because of it’s important meaning and purpose.
The Leonore Annenberg Institute for Civics video titled “Key Constitutional Concepts” explores the history of the creation of the United States Constitution in addition to key concepts crucial to the document. Two central themes explored in the video include the protection of personal rights and importance of checks and balances. The video strives to explain these concepts through Supreme Court cases Gideon v. Wainwright and Youngstown v. Sawyer.
On March 2, 1963, Ernesto Miranda was arrested from his home in Phoenix, Arizona in regards to a rape and kidnapping. After a two hour interrogation, the police had finally gained a confession from Ernesto. The problem arose when the police officers said they had not advised Miranda of his right to an attorney. Miranda’s lawyer was concerned that his Sixth Amendment Right had been violated. This case was noticed by the ACLU and was taken to the Supreme Court. This case raised issues within the Supreme Court on the rights of Criminal Defendants.
What is the preamble to the constitution? The preamble is important to the constitution because