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Modern impact of the bill of rights
Essay for first and second amendment
Essay for first and second amendment
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In 1790 to 1820, when the bill of rights was constructed; two of the most important amendments, the first and second amendment, was ratified. Introduced by James Madison on December 15, 1791. The first amendment made a huge impact when it was ratified in 1791 because as states "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". This allowed for social, political, and religious movements regardless of either side to rise up without prosecution from the government. Especially during moral panics separating religion and the state from making laws based on …show more content…
In 1951, the US supreme court upheld the convictions of 12 communist party members convicted under the Smith Act were not protected by the first amendment. Speech supporting the upthrow of the federal government is not protected. Another example is in 1971, under the New York Times v. United States, the US supreme court upheld the publication of Pentagon Papers. They state that this case establishes that the press has almost absolute immunity from pre-publication restraints. There are many other cases such as the black rights movement and the feminist movement. The second amendment, the right to bear arms states that "a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed". This allowed for the people of the nation to arm themselves for self-defense and to defend against a tyrannical government. Part of the reason for the second amendment was the dictator rule of the British Parliament. In 1871, the NRA was constructed by a pair of Union
The articles "Freedom of Speech: Missouri Knights of the Ku Klux Klan v. Kansas City" and "Freedom of Religion: Lyng v. Northwest Indian Cemetery Protective Association" both engage in conflicts pertaining to the First Amendment in the Bill of Rights.
The Schenck case in the early 1900s dealt with the freedom of speech as it related to the draft of World War I. Charles Schenck sent mass mail that stated “the draft was a monstrous wrong motivated by the capitalist system” (Schenck v. United States). The federal government found this to be in violation of the Clear and Present Danger Test as well as the Espionage Act and arrested Schenck for his actions. The case proceeded to the Supreme Court and was ruled in favor of the United States unanimously. The opinion of the court violates the free speech clause as well as a right to have peaceful protest by denying Schenck to share his opinions of the draft with others despite the opinion of the government on this action.
The origins of the first Amendment date back to when the Constitution and Bill of rights were first being debated and written down. Thomas Jefferson once said, “A democracy cannot be both ignorant and free.” The American settlers desired freedom and a sense of sincerity, or openness. The harsh oppression the British placed on the settlers left lasting a lasting impression on the settlers’ minds. They used their familiarity and experiences with the oppression to form the ideals of the Constitution and the Amendments. According civilliberty.about.com, the father of the Constitution, Thomas Jefferson, was somewhat captivated with the concepts of freedom of...
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
The Second Amendment of the U.S. Constitution states "a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Second Amendment states, “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” This statement basically means that people should be able to own guns for their own security and that right should not be taken away. The Second Amendment was added to the Constitution because the creators of the Constitution wanted to make sure that it protected basic rights, including the right to bear arms. It was also added to the Constitution because shortly after it was ratified, James Madison wanted to give more power to the state militia and to give more power to the people to give them the ability to fight back against the Federalists and the tyrannical government they were creating. After fighting off the British, the Second Amendment was created to give citizens the opportunity to fight back against controlling government and protect themselves with their own weapons.
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
One of the first documents of the ownership of weapons was King Henry’s II of England law the English Assize of Arms of 1181 which allowed every non slave or non- imprisoned man access to a weapon (Alters 1). Even back in those times, they were given the right by the king to protect themself in time of emergency. This right has been important since guns were made back in the black powder times. In 1783 the Revolutionary War ended; this called for the country to have its set of rules after separating from England. In 1787, thirty-nine leaders of the nation gathered in Philadelphia to sign the Constitution. The second amendment says four main facts: the right to the individual possession of arms, the fear of a professional army, the dependence on militias regulat...
On December 15th, 1971, the first X amendments to the Constitution went into affect. The first X amendments to the constitution were known as the Bill of Rights. The First Amendment was written by James Madison because the American people were demanding a guarantee of their freedom. The First Amendment was put into place to protect American’s freedom of speech, freedom of religion, freedom of assembly and freedom of petition. The First Amendment was written as follows;
According to www.archives.gov, the second amendment of the United States Constitution reads that: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” This amendment is
The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration, which is something not many other nationalities have the fortune of saying. The Founding Fathers were the framers of the Constitution of the U.S., and the responsible for the elaboration of the First Amendment. The majority of the Founding Fathers were enlightenment thinkers who were in love with liberty, and thought that basic political rights were inevitable for man’s nature. After having experienced the tyranny from their mother countries, the Founding Fathers carefully constructed the Constitution of the United States in a way where tyranny was avoided and a government for the people, by the people and of the people was developed, which is clearly reflected in the Constitution. At the time of inception of the United States, the Founding Fathers created the First Amendment in order to ensure that the government would not interfere with Americans’ basic civil rights. The rights outlined on the First Amendment were considered so important by these leaders that many states refused to ratify the Constitution of the United Sates until there was a conjecture of amendments that would protect individual rights in the future.
It has been said by the former Executive Vice President of the National Rifle Association, Wayne LaPierre, that “The only thing that stops a bad guy with a gun is a good guy with a gun.” The United States was founded on the principle of limited government and the most freedom possible for citizens. This included the right to bear arms guaranteed in the Second Amendment. James Madison, one of the framers of the Constitution, wanted the Second Amendment to guarantee citizens the right t...
There have been many cases where exceptions have been made over the first amendment, such as in the Tinker vs. Des Moines Community School District Case. Teenagers by the name of Christopher Eckhardt and Mary Beth Tinker had planned to wear black armbands to their school to show their support for a truce in the Vietnam War. When word reached the principle, of Christopher and Mary Beth’s plan to arrive with the black armbands, the principal created a policy stating that, “any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension.” (The Oyez Project). After being kicked out of school, Tinker’s parents sued them but their case was dismissed due to the fact that the first amendment does not grant one the right to express their opinion at any place nor at any time. Another official claimed that the first amendment is not fully guaranteed to children. While the first amendment may be a boon to the United States, it is not always just. There are limitations, and conditions surrounding the first amendment and our freedom of speech. In Tinker’s case, her armband was seen as disruptive, and distracting to other students, justifying the school’s actions against the student of suspending and eventually expelling
The second amendment states “A well regulated militia, being necessary to the security of a free state, the right of people to keep and bear arms shall not be infringed.” The Founding Fathers included this in the Bill of Rights because they feared the Federal Government might oppress the population if the people did not have the means to defend themselves as a nation or individuals.
The National Rifle Association (NRA), recognized today as a major political force and as America's foremost defender of the Second Amendment, “A well regulated militia being necessary to the security of a Free State the Right of the people to keep and bear arms shall not be infringed.” The NRA adheres to the belief that the Second Amendment guarantees the right of individuals to bear arms. Recent U.S. Supreme Court cases have confirmed those beliefs. In spite of whether one personally adheres to these interpretations of the amendment or not, the fact is there are over two hundred million guns in this country. Moreover, there are over seventy-five million firearm owners. In addition to the NRA’s political activity for second amendment rights, it has fulfilled a service, as since its inception, it had been the premier firearms education organization in the world by providing firearms safety and training.