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Democracy definetion nature and process essay
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Everyone knows our country was founded by the interpretation and message of two documents: The Declaration of Independence and The United States Constitution. The Declaration of Independence addressed the British that colonists and all people under the British control were guaranteed “certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness”. The Constitution is the supreme law of the land should be maintained to keep these unalienable rights self evident. A country of any kind with a constitution such as ours should not make the mistake that British made. The country chooses a national symbol for those to unite upon to avoid a tyrannical rule. A symbol that the found fathers then thought was important …show more content…
When a government is upholding the right to liberty, given in the Constitution and promised in the Declaration, citizens have a right to protest o change. Protest is necessary for Flag Burning is seen as a heinous act and many seen it as an act of disrespect. Disrespectful for the men and women who make the sacrifice and sometimes , if necessary, the ultimate sacrifice. Many want the constitution to protect the flag from any discrimination to protect the ones who have fallen. If the government is to mandate protection of flag, criminalizing any nature of disfiguration of the flag, it will be trampling on civil liberties as we know. The Flag stands for freedom and the freedom is imposed is for it to be burned when strictures against liberty and democracy is shown by the government. The questions for americans ponder: Is burning the flag necessary? Should it be illegal just because I do not like. Many believe that flag burning does not fit within “typical”american ideals. Last time I checked ,we do not share the same values as one another most of the time. We still consider to have typical american values with one …show more content…
The Flag Desecration amendment went for back law enforced during the Vietnam Era. For 20 years, the lower court upheld the act and the Supreme Court denied previous attempt to call desecration of the flag a violation of the 1st amendment. The Supreme Court has decide upon what the 1st amendment relates to amendment. Three PArticular cases to look upon. Street vs New York (1969), Texas vs Johnson(1989), and U.S Eichmann(1990). The Supreme interprets the constitution, which is a main argument against the
Free speech and the First Amendment rights do not give people lisence to desecrate a symbol of pride and freedom. It is not all right to protect those who let it burn, lighting up the sky with their hatred. It definitely is not acceptable to insult the men and women who fight every day to protect this nation by burning the symbol of their labors. Therefore, it is crucial that the Supreme Court pass the amendment to the Constitution to protect the flag of the US.
The Declaration of Independence refers to “our constitution”, in this respect they were referring to the Ancient British Constitution. The United States was expressing the fundamental aspects of British politics; among these were Classic Republicanism, Enlightenment Liberalism, and Protestant Christianity. In the Declaration they balanced all of these English traditions; expressing what they believed to be the true spirit of the British Constitution. As Edmund Burke would say, “(the Revolution) was carried out not to create new liberties but to preserve old ones” (Wood, p. 58). The main issue that the colonies had with the British following 1763, was England’s belief in the doctrine of
Is the upholding of the American flag as a symbol of the United States more important than the freedom of speech provided by the First Amendment? Are there certain freedoms of expression that are not protected under the First Amendment and if so what qualifies as freedom of speech and expression and what does not? The Supreme Court case of Texas v. Johnson proves that the First Amendment and the freedom of speech are not limited to that of spoken and written word, but also extended to symbolic speech as well. Texas v. Johnson is a case in which the interpretation of the First Amendment rights is at the top of the argument. This case discusses the issue of flag burning as a desecration of national unity and that the flag of the United States should be protected under a law. Texas v. Johnson expanded the rights of symbolic speech and freedom of expression under the First Amendment and was presented as a precedence for future cases along with influencing the final decision on the revision of
Stripes and stars forever, right? Well, what exactly does that mean? The American Flag can be seen almost anywhere. From the high-school, to the ball park, and even in our homes, the American flag stands as a symbol of all that is good and true in America. When one thinks of the flag, they usually think of the blood that was shed for this country. It was shed so that we could have liberties, such as, freedom of speech and expression, which fall under the first amendment rights of the Constitution. However, when you think of a burning flag, what comes to mind? One might say it shows disrespect and hatred to a country that has given so much. In the case of Texas v. Johnson, Gregory Lee Johnson was accused of desecrating a sacred object, but, his actions were protected by the First Amendment. Although his actions may have been offensive, he did not utter fighting words. By burning the flag, Johnson did not infringe upon another's natural human rights. He was simply expressing his outrage towards the government, which is within the jurisdiction of the First Amendment.
After enduring “a long train of abuses and usurpations” the colonists decided to declare themselves free of British rule (para 2). Jefferson writes that given their “unalienable rights . . . Life, Liberty, and the pursuit of Happiness”, “it is the Right of the People . . . to institute new Government”, one that will fairly represent them, to reestablish order (para 2). The Declaration of Independence does not seek to convince or even encourage action; rather, it aims to declare. There are no mistaking Jefferson’s words. The Colonists are tired of the mistreatment and they are effectively severing all “Allegiance to the British Crown, and . . . political connection” (para 23). The audience of The Declaration of Independence, the world, is specifically addressed twice. The first
In the First Amendment it says “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.” Although some argued that the right to burn the American flag is fundamental to the First Amendment
The king says “That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.” This quote/statement explains that all people have rights including men, all men are created equal, all men are treated the same as any other person. The Declaration of Independence also tells us that the Government also has the job to help people have the truths that they want or want to hear from them. “That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation in such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.” This is stating that the people in America should abolish and alter their rights that they do have, the government that prevents the truths need to
Much history came within the Texas v. Johnson case. It all started during the 1984 Republican National Convention, this is where Johnson participated in a political demonstration to protest what policies Regan was administrating (Brennan 1). A march was occurring throughout the city streets, which Johnson did take part in. Johnson burned an American flag while protesters chanted him on (Brennan 1). No person was specifically injured during this protest; although, many witnesses were severely offended (Brennan 1). Johnson was convicted of Desecration of a venerated object, which violated the Texas Statue. The state court of appeals affirmed Texas Court of Criminal Appeals and reversed the case stating it was a form of expressive conduct, so it was alright (Brennan 1). In a 5 to 4 decision the Supreme Court came to the conclusion that Johnson’s burning of the flag was protected under his First Amendment rights (Brennan 1). The court also found that although witnesses may have found it offensive, does not...
Freedom of speech and expression is a right given to all Americans under the First Amendment of the Constitution. It is a difficult concept to embrace when individuals are faced with ideas they oppose. In this kind of situation, the protection guaranteed to American citizens becomes even more important. The First Amendment was designed not only to protect the freedom to express ideas and sentiments with which one agrees, but also the ideas and sentiments with which one disagrees. It is for precisely this reason that the government should maintain the right of individuals to express their dissatisfaction with the policies of the government through the act of flag burning and not amend the Constitution to make such an act illegal.
Some people see the American flag as patriotism. These people are the ones who have their flags out all year around. The ones who always have them flying high. Some of these people even have American flags hanging off their cars. To some people the American flag is their son or daughter who they have lost either in the line of duty in the military, on the police force, or even the fire department. Although its sad but true some Americans have no patriotism and could care less what happens around them. These people will only care if it affects them in a harmful way.
The early Americans had been under British rule for quite a time, the founders of America had feared possible abuses of governmental powers. Our founders only wanted one thing, that is American liberty. They did not want to necessarily have a higher foreign authority ruling their colonies. Eleven years after the Declaration of Independence, Alexander Hamilton wrote, “Give all power to the many, they will oppress the few. Give all power to the few, they will oppress the many.” This is saying that if you give power to one class or one group of people, they will not please the others and will continue to tyrannize them. The other way around, will also be the same result. This is mainly because all of mankind is power-hungry. Alexander Hamilton
Can an individual be prosecuted for openly burning the American flag in a political protest? Gregory Johnson did this in a political protest outside Dallas City Hall. He was then tried and convicted of desecrating a venerated object under a Texas law (Penal Code 42.09), which states that "a person commits an offense if he intentionally or knowingly desecrates a state or national flag" (317). The question of whether this Texas law is in violation of the First Amendment, which "holds that Congress shall make no law... abridging the freedom of speech" (316), was brought before the United States Supreme Court in Texas v. Johnson (1989). A divided court ruled 5 to 4 that the Texas law was in violation of the First Amendment. Using the same Constitution, precedents, and legal standards, the Supreme Court justices came to two drastically different positions regarding the constitutionality of prohibiting flag burning. To see how such a division is possible, we are going to compare and contrast both the arguments and the methods of argumentation used by both the majority opinion (written by Associate Justice Brennan) and the dissenting opinion (written by Chief Justice Rehnquist), which critiques the majority opinion.
Abstract Several times in our nation's history, Congress has introduced a bill that would provide for banning flag desecration. Each time, however, the Supreme Court ruled that this act was protected by the First Amendment freedom of speech rights. The debate over this topic continues, with both sides arguing for "the good of the country."
Flag Burning can be and usually is a very controversial issue. Many people are offended by the thought of destroying this country's symbol of liberty and freedom. During a political protest during the 1984 Republican Convention, Gregory Lee Johnson was arrested for burning an American flag. Years later in 1989, Johnson got the decision overturned by the United States Supreme Court. In the same year, the state of Texas passed the Flag Protection Act, which prohibited any form of desecration against the American flag. This act provoked many people to protest and burn flags anyway. Two protestors, Shawn Eichman and Mark Haggerty were charged with violating the law and arrested. Both Eichman and Haggerty appealed the decision because the law was inconsistent with the first amendment to the Constitution. The right to petition the government for a redress of grievances is protected by the first amendment of the Constitution. Burning American flags and other such actions are not treasonous and should no be treated as so, as long as these actions are done to petition the government for a redress of grievances.
While we have a constitution that lays out our clear cut civil liberties and all the rights we possess, other countries chose to restrict those freedoms. Due to the many advantages the Constitution gives each American citizen, the US has been able to keep this document intact as long as they have while other countries have to constantly restructure their government principles. This stability leads to greater efficiency in our legislative process and a strong sense of national pride. For a nation filled with differences and mixed opinions, the Constitution is a perfect fit. It was written as unbiased as possible to ensure that it was not limiting anyone or anything, instead, giving each citizen the ability to keep their government in check and grant freedom to everyone. During the time the document was written was when the Colonist knew exactly what it felt like to live in a world of oppression and unjust government. As a result, Madison and the other leaders at the time made it a goal to put the power in the hands of the people and make freedom an utmost priority. With an Unbiased approach to government that gives no advantage to one group or another, and with amendments that only help citizens take control, the Constitution is what the early colonist left Europe and died