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The importance of civil liberties
The importance of civil liberties
The importance of civil liberties
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There is a question as to whether the court should have the right to decide whether to enforce constitutionality based on what is explicitly written within the Constitution or what the court decides is implied protections within the Constitution. The Bill of Rights covers multiples protections including the right to privacy in beliefs, unlawful search and seizure without a warrant, and personal information. It is my personal belief that the court should consider the implied protections of the Constitution in addition to what is explicitly written. The simplest justification for this is that the world and needs to people within the United States have changed drastically since the 18th century when the Constitution was written. With that said, as the world transitions from one focused on private life to one that is considerably more open through social media and the constant exposure that individuals permit, the court will also find themselves needing to define public and private areas of the individual’s life and rights in order to maintain consistency. …show more content…
Protecting American’s right to life, liberty, and property is one of the main reasons that so many of our laws exist today.
As an individual’s lawfulness decreases, so does their right to privacy, which is a point of contest in our country. When it comes to issues such a LGBTQA rights, one’s personal and private right to believe that same sex relations are “wrong”, does not protect them from disobeying discrimination laws. The protection of privacy rights doesn’t allow an individual to interfere with another’s own privacy rights. Once a person’s actions do interfere, they should be considered unconstitutional and the courts should pursue their own course of action in order to protect the Bill of Rights and the constituents it’s meant to
protect. Lawrence vs. Texas (2003) protected the right to privacy of the individual from an unconstitutional law. In this specific case, same sex relations were criminalized. The reason for this law is based on something that should be a personal belief. While a personal belief may influence them to dislike certain behavior, it cannot be legislated, especially if it doesn’t hinder someone else’s rights. The law itself did hinder anyone who participated in same sex conduct because it criminalized sodomy. Specific privacy rights mention in the Bill of Rights within the Constitution are not all encompassing, as they were written to fit the needs America in that specific time frame. The courts should continue to utilize the Ninth Amendment to judge if someone’s rights are being protected to the point that they are trumping the rights of others. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” should continue to be used as a primary litmus test of sorts to decide if and when the courts should focus on implied protections as opposed to the explicitly stated protected rights.
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.
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases it is except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
The first Amendment of the United States Constitution 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.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
Bork complained that Douglas imagined "horrible events.that never happened, never will, and could be stopped by the courts if they ever seemed about to happen." (Pg. 134) It should have dawned upon Mr. Bork that Justice Douglas and his colleagues were precisely the court that would stop those horrible events from ever happening. The "originalist" philosophy is admirable in its use of such a strict discipline in interpreting the Constitution, yet the ultimate lack of flexibility in addressing modern problems in the Constitution is far too binding. The role of judges is ultimately based upon arbitrating what is right or wrong from the laws themselves, but when a problem arises that is not addressed within the laws/Constitution, then judges must be able to make decisions based on the general spirit of the original document. Basically, if the Constitution does not specifically prohibit a right, and most amendments concur with that right, then it is permissible for judges to create rights like privacy.
Privacy comes at a cost. It brings people who fight for the people the privacy of others when it is violated together. Cops not being able to search when they seize a cell phone makes them risk their lives because how people these days are, there could be bombs in the phone. Even though this amendment was ratified, people to this day still don’t have privacy they rightfully deserve. This effects me because I’m able to keep special information to myself. Also, if a police pulls over a family member and ask for their phone to investigate without giving a proper reason or having a warrant, that family member could say no. If a police hasn’t given you a good reason to hand something over, you have the right to resist or else the police are being unconstitutional. This amendment gives people the safety to do what they want(that’s legal). It also makes life better, but harder. Life is harder with this amendment because you have to watch out for who you trust that they won’t do anything to jeopardize your safety. This is relevant because a man in Indiana was tracked down by a GPS. It didn’t violate his 4th Amendment because the police got a warrant to put a tracking device in his mom’s car. This case represents how technology gives advantages and disadvantages. An advantage was that they were able to track him down for a burglary. The disadvantage would be that if they hadn’t gotten a warrant, he could have filed a lawsuit against
Since the Bill of Rights was ratified, there has been constant change in the world and therefore all the amendments have been tested and questioned. Many people in the past and in modern day, say that “a man 's house is his castle” and therefore that man has the right to protect his house and effects. That protection goes for anyone that wants to inflict harm in the person or property. It also extends to law enforcement and the government, not allowing them to conduct unreasonable searches and seizures.
Throughout American history, we have seen the United States become more progressive in their social issues, such as the abolishment of slavery, women’s suffrage, and the Civil Rights Movement. But as time has passed, we have encountered another group that is being discriminated against: homosexuals. Some states try their best to give equal rights to homosexuals so that they are respected as equally as everyone else. But in many states, such as Kansas and Arizona, private companies and businesses are given the right to turn down homosexual couples if it interferes with their religious beliefs. These two states also included places like hospitals where homosexuals can be denied from medical attention. These laws are very inhumane and are very hurtful to a large population of people today. But what if the people in states such as Kansas and Arizona think it is okay to have these laws instilled?
In this excerpt from Democracy in America Alexis Tocqueville expresses his sentiments about the United States democratic government. Tocqueville believes the government's nature exists in the absolute supremacy of the majority, meaning that those citizens of the United States who are of legal age control legislation passed by the government. However, the power of the majority can exceed its limits. Tocqueville believed that the United States was a land of equality, liberty, and political wisdom. He considered it be a land where the government only served as the voice of the its citizens. He compares the government of the US to that of European systems. To him, European governments were still constricted by aristocratic privilege, the people had no hand in the formation of their government, let alone, there every day lives. He held up the American system as a successful model of what aristocratic European systems would inevitably become, systems of democracy and social equality. Although he held the American democratic system in high regards, he did have his concerns about the systems shortcomings. Tocqueville feared that the virtues he honored, such as creativity, freedom, civic participation, and taste, would be endangered by "the tyranny of the majority." In the United States the majority rules, but whose their to rule the majority. Tocqueville believed that the majority, with its unlimited power, would unavoidably turn into a tyranny. He felt that the moral beliefs of the majority would interfere with the quality of the elected legislators. The idea was that in a great number of men there was more intelligence, than in one individual, thus lacking quality in legislation. Another disadvantage of the majority was that the interests of the majority always were preferred to that of the minority. Therefore, giving the minority no chance to voice concerns.
The scenes in creation being intellectual, the put together of constitutional democracy was very empirical. The Constitutional Convention was convened to formulate the constitution. What had to be clear was that the only way to assure a functioning constitutional democracy was the public's discussion. In philadelphia the delegates compromised. The outcome was to integrate states with large populations and states with small populations with a bicameral legislative branch. Also compromises that guaranteed say from both slave owning states and non-slave states could be listened to. The Bill of Rights
The significant impact Robert Dahl’s article, “Decision-Making in a Democracy: the Supreme Court as a National Policy-Maker” created for our thought on the Supreme Court it that it thoroughly paved the way towards exemplifying the relationship between public opinion and the United States Supreme Court. Dahl significantly was able to provide linkages between the Supreme Court and the environment that surrounds it in order for others to better understand the fundamental aspects that link the two together and explore possible reasoning and potential outcomes of the Court.
“The Fourth Amendment wasn't written for people with nothing to hide any more than the First Amendment was written for people with nothing to say.” (Dave Krueger). The Fourth Amendment protects the people's values, including the right of privacy. The Fourth Amendment includes, “The right of the people to be secure in their persons, houses, paper, effects, against unreasonable searches and seizure, shall not be violated.” When the founding fathers created the Constitution they ensured the people fundamental laws that would be used to any issue portrayed in the Supreme Court. That gave the people a relief that no one is ever above the law that is created. The privacy of the people was a very big value enforced by warrants. In the case of the
...regnancy, the Supreme Court decided that within the Fourteenth Amendment existed a fundamental right to privacy as the amendment guarantees liberty. Embedded in the Fourteenth Amendment?s right to privacy is the right to homosexuality and homosexual behavior.
Hardwick, the Supreme Court ruled in a 5-4 decision that the U.S Constitution does not prohibit states from classifying homosexual sex as illegal act was valid because there was no constitutionally protected right to engage in homosexual sex, where was instigated that the Constitution does not protect the right of homosexual adults to engage in private or consensual sodomy. The defense argued the case of the fundamental right to privacy which was protected by the Constitution's Due Process Clause. While the right to privacy protects intimate aspects of marriage, procreation, contraception, family relationships, and child rearing from state interference, it does not protect gay sodomy because there was, "no connection between family, marriage, or procreation on the one hand and homosexual activity on the other has been demonstrated,” (Bowers, Attorney General of Georgia v. Hardwick et al). It took the court thirty years to abolish the criminalization for private sexual intercourse between adult homosexuals, in a recent survey conducted in Ventura County was reported that 38.6% of the population disagree that homosexuals should not have a right to marry, where 42.9% of those who disagreed were men. (Refer Chart 1). When comparing whether or not people support the legalization of same-sex marriage based on political affiliation, the gap between the Democratic Party and the Republican Party is quite large, where the Pew Research Center reported that 63%
The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal meaning of the constitution. The interpretation of the constitution and amendments can make a big impact on outcomes. In our government and Judiciary, we see commonly see originalism being used to interpret the constitution and amendments, but there
Have you ever considered that by protecting your rights, you may be violating someone else’s? This has been a conundrum for generations. As a resident of the metropolitan area of Washington, D.C., I have recently witnessed controversy over the transgender community using public restrooms. Due to discrimination towards the transgender community and that aforementioned debate, this is considered a societal moral issue. There are laws that have been put into place to protect and give the transgender community rights to use the restroom of which they identify by. I also believe that transgender individuals should be given the right to choose the restroom of which they identify with because no one knows their former gender identity.