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Race discrimination in the united states
Race discrimination in the united states
Equality and liberty similarities
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Thapa 1
Pranil Thapa Prof. Sherry Sharifians GOVT 2305-73062 February 11,2018 Civil Rights and Civil Liberties in America Civil rights are expansive sets of rights put in place with the aim of protecting citizens from unfair treatment from an elected government. In other words, they are rights that guarantee an equal treatment of all the citizens regardless of their political affiliation (Crenshaw, Kimberlé Williams, et al, p.15). They advocate for fair treatment for all in areas such as education, housing, public accommodation and employment among others based characteristics that are legally protected by the constitution. Similarly, civil rights are curbs designed to protect the powers of the majority and ensure that they make decisions that benefit everyone in a country. They protect citizens from any form of discrimination by the majority. On the other hand, civil liberties are limitations placed on the government to prevent it from doing things that might interfere with personal freedom of its citizens. Civil liberties are freedoms
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For instance, the law enforcement agents have in many cases made decisions that are inconsistent with the requirements of the constitution in cases where they have been targeting the blacks and the Hispanics in the stop and frisk provision of the constitution. There are potentials of violating the civil liberties or civil rights because people are stopped on the way without any reasonable cause and detained for some hours before they are released. This violates the freedom of movement of people. The Supreme Court has made landmark rulings on the cases brought before it. For instance, in the recent past, the Supreme Court opined that the police were using the stop and frisk provision to target the Hispanics and the African Americans. Therefore the Supreme Court held that the stop and frisk rule violates the requirements of the fourteenth
In the case of U.S. v Jones, the judicial branch had to address the questionable topic of whether or not the Fourth Amendment was violated (). Since this case was not black and white and did bring up many questions as to what was constitutional, the judges had to use judicial review. Judicial review is the power that allows judges to interpret the meaning of laws (Class, March 13). Once a law is understood a certain way, the people must follow it (Class, __). The U.S. v Jones case deals with the Bill of Rights (United, 1). This is due to the circumstance that the Fourth Amendment is included in the Bill of Rights document stating that “searches and seizures” cannot be done without a warrant (Class,___). The case of U.S. v Jones was about the violation of Jones’s Fourth Amendment when a GPS device was placed on his jeep without his consent because he was suspected of drug possession (United, 1). Since judges have the power to informally amend the Constitution using judicial review (Class, ___), they must take into consideration many contributing elements when making a decision.
Separate but equal, judicial review, and the Miranda Rights are decisions made by the Supreme Court that have impacted the United States in history altering ways. Another notable decision was made in the Tinker v. Des Moines Case. Ultimately the Supreme Court decided that the students in the case should have their rights protected and that the school acted unconstitutionally. Justice Fortas delivered a compelling majority opinion. In the case of Tinker v Des Moines, the Supreme Court’s majority opinion was strongly supported with great reasoning but had weaknesses that could present future problems.
The way the police officer Martin McFadden had ignored the fourth amendment in order to catch John W. Terry & Chilton that was planning to rob a store and so the officer had stop and frisk the two suspect in which McFadden had found a concealed weapon which was a .38 caliber pistol and had two of the gun on them and so that they were charged by that ignoring the fourth amendment to find that the two were going to rob the place but also McFadden had frisked a person. Terry sentenced to 3 years, Chilton had served 13 months.
During this era, LBJ and the Civil Rights Bill was the main aattraction. July 2, 1964, President Lyndon Baines Johnson signed a civil rights bill that prohibited discrimination in voting, education, employment, and other areas of the American life. At this point, the American life will be changed forever. LBJ had helped to weaken bills because he felt as if it was the states job and not the goverment, but why did he change his mind? Was polictics the reason LBJ signed the Civil Rights Bill of 1964?
The Supreme Court exercised its interpretation of the Constitution and found that a violation of the First Amendment was apparent and therefore, also a violation of the fourteenth Amendment showing that due process of the law was not given.
Stop and Frisk is a procedure put into use by the New York Police Department that allows an officer to stop and search a “suspicious character” if they consider her or him to be. The NYPD don’t need a warrant, or see you commit a crime. Officers solely need to regard you as “suspicious” to violate your fourth amendment rights without consequences. Since its Beginning, New York City’s stop and frisk program has brought in much controversy originating from the excessive rate of arrest. While the argument that Stop and Frisk violates an individual’s fourth amendment rights of protection from unreasonable search and seizure could definitely be said, that argument it’s similar to the argument of discrimination. An unfair number of Hispanics and
The stop-and-frisk policy could be considered a big controversy facing New York in recent times. The whole concept behind this stopping-and-frisking is the police officer, with reasonable suspicion of some crime committed or about to be committed, stops a pedestrian, questions them, then if needed frisks the person. This policy started gaining public attention back in 1968 from the Terry v. Ohio case. A police officer saw the three men casing a store and he believed they were going to rob the store; this led to him stopping and frisking them. After frisking them, he found a pistol and took the weapon from the men. The men then cried foul and claimed they were unconstitutionally targeted and frisked.
The Fourth Amendment states “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Despite this right, multiple minorities across the country suffer at the hands of police officers through racial profiling; the singling out of a person or persons as the main suspect of a crime based on their race. Many people have also suffered the loss of a loved one because police believed the suspect to be a threat based on their races therefore the officers use their authority to take out the “threat”. Although racial profiling may make sense to police officers in the line of duty, through the eyes of the public and those affected by police actions, it is a form a racism that is not being confronted and is allowing unjust convictions and deaths.
Law Enforcement policy is designed to help law enforcement agencies cut down on the amount of crime in communities and give structure to the agency. It also helps lessen the number of certain cases in certain areas, as well as from a certain group of people. There are several policies that I disagree with, but there is one policy I will be discussing. Law enforcement officers sometimes stop and frisk people based on gender, race, financial status, and social ranking. It is a very controversial issue because anything dealing with race and ethnicity can cause a lot of disagreement and discord. According to a New York judge on dealing with the stop and frisk laws, "If you got proof of inappropriate racial profiling in a good constitutional case, why don't you bring a lawsuit? You can certainly mark it as related . . . . I am sure I am going to get in trouble for saying it, for $65 you can bring that lawsuit" (Carter, 2013, pp.4). The stop and frisk law is one reason I do not believe in law enforcement profiling. Even though some law enforcement officers allow personal feelings and power to allow them to not follow policy, some policies are not followed morally because I do not feel that officers should be allowed to frisk someone who is innocent and has not committed a crime because it takes the focus off real criminals and onto innocent people; it causes emotional stress. I know because I have been through this several times.
The First Amendment is what we chose because it covers good areas (topics) that are occurring in the world on a daily basis. Many people like the items that The First Amendment covers, and some people don't like them. Either way there are many other amendments that have been ratified by the two-thirds of the House and Senate. There are ten amendments in the constitution, but there are 17 other amendments that aren't in the constitution. Therefore, in total there are 27 amendments.
The rights to free speech and the press are among the most celebrated and protected rights that the First Amendment affords American citizens. (U.S. Const. amend. I). One of the inherent rights that one is able to enjoy under the First Amendment is the right to criticize public figures and measures. (U.S. Const. amend. I); (Milkovich, 2714)(dissenting); (Hustler, 880). This Court has routinely recognized the First Amendment’s “vital guarantee” of free and uninhibited discussion of public issues, while also maintaining that society has a ubiquitous and robust interest in not only preventing but also remedying attacks upon one’s reputation. (Milkovich, 2707). The law provides but one avenue in hope of vindication for a man whose reputation has been falsely dishonored, a defamation action.
American Civil Rights Movement By Eric Eckhart The American Civil Rights movement was a movement in which African Americans were once slaves and over many generations fought in nonviolent means such as protests, sit-ins, boycotts, and many other forms of civil disobedience in order to receive equal rights as whites in society. The American civil rights movement never really had either a starting or a stopping date in history. However, these African American citizens had remarkable courage to never stop, until these un-just laws were changed and they received what they had been fighting for all along, their inalienable rights as human beings and to be equal to all other human beings. Up until this very day there are still racial issues where some people feel supreme over other people due to race.
Furthermore the question of who has rights has a constant impact on what it means to have rights, as the definition of it varies from person to person, and society to society. This question is contested and debated, as it tends to effect the unity of a nation, as is shown in the case of gay rights activists and those in o...
First off, there were many ways that people tried to fight for civil rights. Big ways that they did this were through marches, walks, sit-ins, public speaking, riots, and more. A huge part of the civil rights movement was that everyone wanted the right to vote, no matter what your skin color is. In 1965 in Alabama there was a march from Selma to Montgomery to get black voting rights. During this, they experienced police violence (which was not uncommon), but this helped raise awareness of the hardships black people wanting voting rights had. Later the year of the march, the Voting Rights Act law was passed which allowed all people voting rights. The trail that they walked is now known as the “Selma to Montgomery voting rights trail” because
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations and private individuals, and which ensure one's ability to participate in the civil and political life of the society and state without discrimination or repression.