Flux is the nature and salvation of our society, yet our individual natures, our
intellects and consciences fight entropy. As we seek stability, safety and justice in the
institution of law, and when those laws grow of necessity to address the issues of our
times, the interpretation of our forefathers’ constitutional intent can become obscured by
time and ambiguity. Indeed, our liberties today are won and lost not with blood on some
revolutionary battlefield, but with semantics. Although judicial interpretation of the right
of the people to peaceably assemble has led to the allowance of municipalities to require
assembly permits, some of the repercussions of such mandates have grossly narrowed the
ability of the public to exercise that right. We will make an exploration of the unintended
consequences and limitations of constitutional rights, brought about by such permits.
However, before we proceed, because the application of the constitution in
modern law is based on judicial interpretation, we should, for the sake of clarity, define
our terms.
As it is used in the U.S. Constitution, “assembly” is defined as: the coming
together of people for a common purpose. Interestingly, the same definition could be
ascribed to society. In fact, what action is more productive and fundamentally human
thanassembly? As governed by law, the word assembly refers to gatherings ranging in
function from labor rallies, impromptu “soap box” dialogs, and political protests, to
community picnics, and the music festivals in your public park. The wording of the first
amendment is that “Congress shall make no law …..abridging ……. the right of the
people peaceably to assemble“...
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...se of that
right and the subjugation of citizens in such a manner, although not interpreted as
unconstitutional, is surely against the spirit of liberty. As broadly as the liberties are
stated in the constitution, so too can they be broadly abused with poor or reckless
interpretation.
Works Cited
Andy Stapleton
Washington State Legislative Facilities Office
(360) 786 - 7079
Tabatha Abu El-Haj, ”The Neglected Right of Assembly”
Ari Kletzky, “What is Peaceable Assembly or the Right of Assembly?”
Richard Moore, “County lawyers won't commit to constitutionality of new code Large-assembly ordinance “likely” defensible, attorneys tell supervisors” The Lakeland Times 11/26/2010
... 1 helps to make sure that no one takes advantage of their rights. The Notwithstanding Clause is another significant reason why it is okay to have limitations on certain rights.
Constitutional Commentary, Vol. 27, Issue 2 (Fall 2011), pp. 347-360 Volokh, Eugene 27 Const. Comment. 347 (2010-2011)
Feinberg, J. “ The Nature and Value of Rights.” Journal of Value Inquiry 4(1970): 243
there are certain rights we do not have, so that our lives are kept safe. The
the laws it chooses, 2. the rule of law, which says that laws must be
not be permitted to declare who would or would not be able to bear arms on the
Amendment of the Constitution. It is a difficult concept to embrace when individuals are faced
views as to whether or not Judicial review, and the Supreme Court as a whole,
Law is a system of rules that are implemented throughout social establishments to govern behavior. A principle for judging acts as reasonable or unreasonable and they may seem objective, universal, and knowable, which dispositions are guide. Our function is rational activity, and our rational nature gives us dispositions when we are naturally disposed to seek to know, understand, and be
When an agency can choose between two or more alternatives that mean the agency has discretion. Arbitrariness can be cause by too much discretion; therefore it is best it is best if it is not too broad. On the other hand inflexible public administration can lead to too little discretion and this is just as bad. As it stands now the agencies are given too much discretion and are not being monitored enough. The framers protected civil rights through the federal constitution, stated constitutions and statutory law because they were concerned about the excessive and unchecked discretion which eventually led to arbitrary decision making. Americans show a cautious distrust if not anxiety of discretion. These rights act as restrictions on the discretion of lawmakers and law enforcers.
laws is to keep the bad things out from the old society out such as
Freedom of Petition; citizens have the right to petition to the government. For example if a neighborhood wants more schools or playgrounds. Civil suits, written docu...
Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,
In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order.
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.