“The Magna Carta is a list of 63 clauses or grievances issued by the nobleman, clergy, and merchants.” Magna Carta was widely held to be the people’s reassertion of rights against an oppressive ruler. The Magna Carta protects the people’s rights through justice, law, and civil rights. In the year 1215, the Magna Carta, one of the most important document in history and was signed by King John of England. The magna carta gives people right and the freedom they deserve, through common law. This was important because the magna carta limited high officials power and gave rights and liberty to the people.
On the other hand, Civil rights include certain basic rights and freedoms like right to privacy, right to free speech, right to marry, right to vote and so on that are identified in the bill of rights. This is the responsibility of every institutions of the national government to safeguard the rights of citizens, the United State Supreme Court holds the great power in decision making process and controlling civil rights and civil liberties in American government. Supreme Court has ruled on them in several occasions. According to the book ‘We the
John Locke was a philosopher and political scientist. He had many interests and produced a number of writings that influenced future leaders. One of these leaders was Thomas Jefferson, who was involved with the aid of America and the act gaining independence from Britain. The Declaration of Independence and Locke’s views on government contain many similar aspects. These ideas includes the right to life, liberty, and the pursuit of happiness (natural rights); the protection that is provided by the government for these rights; and the altering or abolishment of government if it fails to provide and protect the rights of the people.
The Constitution may be a mess and need amendments, but it covers our basic rights and freedoms. There are many clauses within it that assure these rights will be kept and not changed. In one one of the clauses it states that no bill shall be passed that would override
The reason Congress is given this ability is because Congress has assumed the position in order to better do its job. In many cases the Supreme Court has had to decide whether the interference of Congressional actions were constitutional, in the majority of these court cases the outcome has benefited the federal government. For instance, the case over McCulloch v. Maryland Chief Justice, John Marshall, interpreted the Necessary and Proper Clause, by conveying that the federal government (Congress) has the ability, under Necessary and Proper clause “to find the great powers, to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies. The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation are entrusted to its Government.” Since the government collects taxes and borrows money, when Maryland did not comply with the U.S. National Bank they got in the way of tax collection. The McCulloch and Gibbons’ cases had an impact on regulation of
The protection of our rights as citizens is one of the most important tasks that we have. One law that the country itself is particularly divided is that of the seat belt law. This debate is as it sounds. Is the requirement of seat belts a constitutional restriction that some states place? I personally agree that the seat belt law is in fact legal, but some say otherwise.
The fact that the amendment uses the word state in the Privileges and Immunities clause along with interpretation of the Due Process Clause has meant that state as well as federal power is subject to the Bill of Rights. Further, the courts have interpreted the word "Person" to include corporations. They are also protected by "Due process" along with being granted "Equal protection." While there were other clauses in the amendment, none were as significant as
Political rights deals with how you exercise political and legal rights like right to petition, justice and freedom of association and freedom to assemble with the people you like. In short, exercising our rights are citizens. Civil rights are rights to have original thoughts of your own, expression of those thoughts, religion freedom and movement. These are old rights and goes back to the days of Magna Carta. These rights deal with one’s identity.
Much has been written about the importance of the Bill of Rights, the amendments recognizes individual liberty rights by the government, enforcing them amongst all citizens, including Native Americans. The trust responsibilities between Indian tribes and the United States has been an ongoing struggle of rights, tribal sovereignty, and relations with Congress. For example, the Santa Clara Pueblo v. Martinez, a United States Supreme Court decision, is a landmark in federal Indian Law that doesn’t enforce the fifth amendment of the Bill of Rights. However, the government’s security is taking action for its well-being in protecting its sacred history that the Founders established. In today’s era, the Constitution holds most controversial rights that determines our history.
The two of the most important parts of the government are the State Government and the Federal/National Government. These two governments are very different in many ways but, they each have their own responsibilities and there own set limitations. These strict limitations are put into place to keep the States from overpowering the Federal Government and there are limitations in place to keep the Federal Government from taking the States rights away. One of these limitations being the tenth amendment which states that "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 people." This in simpler terms means that all the powers the Federal Government doesn 't have belongs to the State or to the people.
(Columbia Electronic Encyclopedia, 2011) As stated previously, Habeas Corpus has evolved. These days, the writ is being used as an appeal to federal courts when a prisoner feels their constitutional rights have been violated. Again, Hebeas Corpus has been dated back as far as 1305. The English
Chicago (State Case) 5-4 under the opinion, Justice Samuel A. Alito writing for the majority, the Court reasoned that rights that are "fundamental to the Nation 's scheme of ordered liberty" or that are "deeply rooted in this Nation 's history and tradition" are appropriately applied to the states through the Fourteenth Amendment. The Court recognized in Heller that the right to self-defense was one such "fundamental" and "deeply rooted" right (McDonald v. Chicago. (n.d.)). The previous cases are what gives people the right to bear arms in the United States with the injunction of the constitution. There are laws to protect and make it legal by obtaining a license in the state in which an individuals is purchasing a gun but that do not stop the black market.
Chapter 4 of the book We the People talks about Civil Liberties, this chapter mainly talks about the Rights that were placed in the Constitution (not in the Bill of Rights), it also talks about the Bill of Rights and it describes the rights protected by the Bill of Rights. It also talks about specific rights that work close together with the Bill of Rights and Amendments rights. One of the first Amendments that is described in great detail is Freedom of Speech and Religion. The first Amendment protects US citizens right to talk about almost any topic in the United States. I said almost any topic because there are some forms of speech that aren’t protected by the First Amendment (these forms of speech can be limited or prohibited), some of the forms of speech that aren’t protected by the First Amendment are Fighting Words and Hate Speech, Student Speech, Libel and Slander speech.
The Declaration of Independence v. The US Constitution The Declaration of Independence is more important than the US Constitution because of how the contents changed America, socially and politically. For instance, without the Declaration of Independence, technically, the United States would not officially be separated from Great Britain. The Declaration of Independence addressed how King George III violated the rights of the men in the colonists. Yet the US Constitution laid the laws of the land, some of these amendments are still argued with, and not all people believe that they are executed how they should be or some just disagree with them completely. Furthermore, the Declaration of Independence is frequently mentioned in today’s political