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Problems of judicial precedent
An essay about constitution
An essay about constitution
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The Constitution has been around for 228 years since the ratification, which is a long time. Times are very different now as compared to those, many years ago. Today, the world is different in so many aspects such as technological and medical advances, population growth, and minorities rising. These are things that the founding fathers would have never thought to be possible. So nowadays, the Supreme Court has to interpret the Constitution a lot more to be able to decide on subject matters because they have a hard time relating today’s problems to back then. For instance, the Third Amendment which states that citizens will not be forced into providing their home as shelter to the soldiers is not really useful today because it was created for …show more content…
For instance, in a 2008 case a man Photoshop his porn. This man used a picture of a real girl that he had taken while in vacation with her and her family, and he altered the photo into a fake sex act. He used pictures of adult genitalia and put them on the 11-year-old girl’s body. Previously on that year, the New Hampshire Supreme Court had ruled that fake child pornography does not qualify as child pornography due to the children not actually committing such acts. For this reason, I believe the Constitution should be amended because otherwise, it would be interpreted like the New Hampshire Supreme Court did. Even though the children would not be doing such sexual acts, they are still being exploited therefore, the Constitution should be amended to state clearly the prohibition of child pornography because that way even though some people might argue that it falls under the First Amendment of freedom of speech or that it is implied based on the right of privacy, if it is stated in the Constitution then it cannot be interpreted in some other …show more content…
Connecticut court case, the possession of child pornography could fall under the right of privacy because the court case stated that the government could not go inside the couples’ house to check if they were using birth control which led them to say that it violated the privacy of someone’s home. Likewise, the possession of child pornography could possibly fall within the same privacy as Griswold v. Connecticut. Additionally, in the 1969 court case of Stanley v. Georgia, they ruled that the government should not have control over the things a person does at the privacy of their home which protected anyone that possessed this obscene material. In this court case, the court used the First and Fourth Amendments to support their decision, and due to that, it is demonstrated that the protection of right to privacy can be applied here. Although, for reasons like this one, the interpretation of the Constitution is not always
The court determines whether on not an action is constitutional or not through the process of judicial review. Not only do they keep the Legislative and Executive branch in line, they keep other courts in line. Many and very few cases require the Supreme Court to review and overturn decision. Example are the Miranda v. Arizona cases where the police was in the wrong by violating Miranda’s Fifth and Sixth Amendment therefore ruling in Miranda’s favor. Also the Weeks v. United States case was an example of the Fourth and Fifth Amendment being violated was again ruling in the defendent’s favour. Finally, the Plessey v. Furguson case was a little different really displaying the courts power to interpret laws and ruling in the prosecuter’s favour. The Judicial Branch is certainly not the weakest branch and has a more important role than many people
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
A great deal of bills have been written and passed as legislation under the pretense that they would better outline the citizen’ rights and ensure their freedoms. Yet occasionally these laws are created with disregard to what is stated in our Constitution. At times they distort and twist the original meaning of the work, counter acting the purpose of creating the Amendments. The intention of Amendments was to be an outline of the rights of the people. They were to ensure that there would not be a repeat of what the framers had experienced when they set out on their mission to draft a document that would govern our country for years to come. Little by little our elected officials have been discounting our Constitution. There are many resulting repercussions; the most dear to everyone being the individuals rights. The end result of these interpretations being that our people are hurt, as we are slowly being stripped of our rights as U.S. citizens.
It is 1776, the United States had just declared it’s Independence from England and one of those reasons for departing was the requirement to house British soldiers at anytime. After the French and Indian War England felt the need to thousands of soldiers in the colonies and an colonial quartering act was passed in 1765.When the British required the quartering of soldiers in the colonies it had passed in England that quartering of soldiers was not required. This quartering act on the colonies along with overtaxing lead to the start of the Revolution.Once the Americans won the war and had need to draft a constitution for the newly formed country, the exclusion of this requirement had to be added to the Bills of Rights.
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
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.” –U.S. Constitutional Amendments
The United States government was founded on a written set of principles known as the Constitution. There have only been 17 amendments, or changes, since ratification. While the United States has evolved with time the role and function of the government, and the way the government guarantees civil rights and liberties, has also evolved. These changes have resulted from changing or broadening of the interpretation of the constitution. Although the core of the constitution has not changed, it has expanded and its interpretation has changed to keep up with societal demands.
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
The document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787.
are expected to tell the truth, even if that truth was to put you in
“They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” This quote from Benjamin Franklin illustrates how an emphasis on safety can drastically reduce the freedoms enjoyed by citizens of the United States, especially the Second Amendment of the U.S. Constitution which states that “...the right of the people to keep and bear arms shall not be infringed.” However, with active shooter situations such as Columbine; the Tucson, Arizona shootings, which nearly killed former Representative Gabrielle Giffords; and recent situations at Newtown, Connecticut; Los Angeles International Airport; and Westfield Garden State Plaza mall in New Jersey, the federal government has questioned this right guaranteed to us as U.S. Citizens. In Congress, it is a back-and-forth battle between the Republicans, who favor less gun control legislation and a literal translation of the Second Amendment, and the Democrats who would like to see more gun control legislation to protect the safety of citizens. However, more gun control legislation would punish law-abiding citizens, be a direct violation of the Second Amendment, and expand the power of the federal government into areas where the Founding Fathers never wanted it.
Growing up as an American citizen, one is normally taught their rights in each and every history or government class. However, knowing the name and brief purpose of an American right is completely different than knowing its history, background, and how it affects the country today. In America, our rights are listed in the Bill of Rights, which is the first ten Amendments to the United States Constitution. The second Amendment to the Constitution of the United States involves the right to bear arms. This Amendment is the subject of many present day controversies and cases.
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
This amendment protects all rights that go unstated in the constitution. Including privacy I believe ONLY things shared publicly should be looked into unless that person has incriminating evidence to their name. They are subject to search if cases are filed within law. To which all evidence is fair and can be used against