Wednesday, February 27, 2019
Civil Liberties & Civil Rights Essay
civilised Liberties & Civil Rights1. The article in the outgrowth Amendment of the US musical composition that prohibits the establishment of religion by Congress. 1. The stop Exercise Clause is the accompanying clause with the Establishment Clause of the starting time Amendment to the linked States Constitution.2. The Fourth Amendment to the f either in States Constitution is the decompose of the Bill of Rights which guards against excessive searches and seizures, along with requiring any warrant to be judicially sancti unmatchedd and support by likely cause.3. The 5th Amendment affirms that a person fecal matter be tried for a serious federal crime only if he or she has been indicted (charged, accused of that crime) by a grand jury. No one may be subjected to double jeopardy that is, tried twice for the analogous crime. All persons argon protected against self-incrimination no person can be legally compelled to answer any question in any political proceeding if th at answer could lead to that persons prosecution. The 5th Amendments Due butt against Clause prohibits unfair, arbitrary actions by the Federal regimen.4. The one-sixth Amendment to the United States Constitution is the part of the United States Bill of Rights that sets ahead rights connect to criminal prosecutions. The controlling approach has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.5. The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights (ratified 1789) prohibiting the federal organisation from imposing excessive bail, excessive fines or cruel and unusual punishments, including torture.6. The Fifth and Fourteenth Amendments to the United States Constitution to each one(prenominal) contain a Due Process Clause. Due surgical procedure deals with the validation of judge and thus the Due Process Clause acts as a safeguard from arbitrary denial of life , liberty, or prop by the Government outside the sanction of fairness7 . The 14th amendment is a in truth important amendment that defines what it means to be a US citizen and protects certain rights of the tribe. at that place are three important clauses in the 14th amendment Citizenship Clause the citizenship clause gives individual born in the United States, but especially at that time, African Americans the right to citizenship. Due Process Clause the due process clause protects the 1st amendment rights of the people and prevents those rights from being contractn a representation by any government without due process. equalize Protection Clause This part of the fourteenth amendment states that there may be no discrimination against them by the practice of law.8. The incorporation of the Bill of Rights (or incorporation for short) is the process by which American courts adjudge applied portions of the U.S. Bill of Rights to the states.9. Prior restraint (also referre d to as prior security review or pre- ordinaryation censorship) is censorship imposed, usually by a government, on conceptualization before the expression actually takes place. An alternative is to allow the expression to take place and to take appropriate action afterward, if the expression is found to deprave the law, regulations, or separate rules.10. symbolic pitch is a legal margin in United States law used to describe actions that purposefully and discernibly study a particular message or statement to those viewing it. Symbolic speech is recognized as being protected under the First Amendment as a form of speech, but this is non expressly scripted as such in the document.11. In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or position search, or to obtain a warrant for arrest, etc. when criminal charges are being considered.12. The exclusionary rule is a lega l principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the suspects constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.13. Some of the things you can do in the real world you cannot do in school.14. The American Civil Liberties Union (ACLU) is a nonpartisan non-profit organization whose stated kick is to defend and preserve the individual rights and liberties guaranteed to every person in this bucolic by the Constitution and laws of the United States. In the years following human being War I, America was gripped by the fear that the Communist Revolution that had interpret place in Russia would spread to the United States. As is often the courtship when fear outweighs rational debate, civil liberties paid the price. In November 1919 and January 1920, in what notoriously became known as the Palmer Raids, Attorney global Mitchell Palmer began rounding up and deporting s o-called radicals. Thousands of people were arrested without warrants and without regard to constitutional protections against unlawful search and seizure. Those arrested were brutally sueed and held in horrible conditions.15.A wharf owner sued the city of Baltimore for economic loss occasioned by the citys diversion of streams, which lowered the pissing level around his wharves. He claimed that the city took his property without just earnings in violation of the Fifth Amendment. Gideon is a edge facial expression in United States Supreme apostrophize history. In the case, the Supreme homage unanimously control that state courts are striked under the Fourteenth Amendment to allow for counsel in criminal cases for defendants who are unable to afford to contribute their own attorneys, extending the identical fatality made on the federal government under the Sixth Amendment The Supreme woo decision in Miranda v. azimuth required (for the first time) that someone accused of a crime be informed of his or her constitutional rights prior to interrogation. This protected the rights of the accused, or the defendant, in two new ways1) It educated the person about germane(predicate) constitutional rights and 2) It inhibited law enforcement officials from infringing those rights by applying the Exclusionary Rule to any proof/incriminating statements the defendant made unless he intentionally waived his rights. State woos are held to the same standard as Federal mashs when evidence is obtained without the use of a search warrant, ensuring material obtained without a legitimate search warrant or probable cause cannot be used to prosecute a defendant in any court. This was an important practical application of the Bill of Rights to criminal procedure. Gitlow v. stark naked York was a decision by the United States Supreme Court distinct on June 8, 1925, which ruled that the Fourteenth Amendment to the United States Constitution had extended the chance upon of certain limitations on federal government authority set forth in the First Amendmentspecifically the provisions protecting freedom of speech and freedom of the pressto the governments of the individual states.16. The U.S Constitution safeguards the rights of Americans to privacy and personal autonomy. Although the Constitution does not explicitly domiciliate for such rights, the U.S. Supreme Court has interpreted the Constitution protect these rights, specifically in the areas of marriage, procreation, abortion, private consensual homophile activity, and medical treatment. State and federal laws may limit some of these rights to privacy, as long as the restrictions meet tests that the Supreme Court has set forth, each involving a balancing of an individuals right to privacy against the states compelling interests. Such compelling interests include protecting earthly concern morality and the health of its citizens and improving the quality of life. In Griswold v. computed axial tomography, 381 U.S. 479 (1965), the State of Connecticut convicted two persons as accessories for giving a married couple discipline on and a prescription for a birth-control device. The U.S. Supreme Court upset(a) the convictions and found the Connecticut law to be unconstitutional because it violated a right to privacy in the marital relation.Civil Rights1. The Thirteenth, Fourteenth, and Fifteenth Amendments were important to the Civil Rights Movement.2. Its Equal Protection Clause requires each state to provide equal protection under the law to all people inside its jurisdiction. This clause was the rear end for brown v. Board of Education (1954), the Supreme Court decision which precipitated the dismantling of racial segregation in United States education, and for reed v. Reed (1971), where the Supreme Court struck down a law based on gender (with no rational relationship to a state objective) the first such application based on sex.3. Legislation frequently involv es making classifications that either advantage or outrage one group of persons, but not another. States allow 20-year-olds to drive, but fall apartt let 12-year-olds drive. Indigent single parents receive government financial aid that is denied to millionaires. Obviously, the Equal Protection Clause cannot mean that government is get to treat all persons exactly the sameonly, at most, that it is obligated to treat people the same if they are similarly circumstanced. Over recent decades, the Supreme Court has developed a three-tiered approach to analysis under the Equal Protection Clause.4.There were 3 thing said that day that would chage the way people looked at slavery -The court said that dread Scott had no right to sue because the framers of the Constitution (founding fathers) didnt intend for blacks to be case-hardened like citizens. Congress had no right/authority to take out a persons property. (Slaves often thought of as property) An if slaves were property the federal government could not restrict the slave master from carry an housing the on federal land that been off limits to slave owners. The second compromise was unconstitutional . The Plessy case does not impact society . It was disordered by Brown vs. Board of education in 1954. However, as a contributor commenting on this post, I must say that it led to win dispute over civil rights which eventually led to the Supreme Court reconsidering their decision in Brown v. Board of education and eventually overturning it. Brown v. Board of Education was a landmark United States Supreme Court case in which the Court declared state laws establishing separate human race schools for black and white students unconstitutional.U.S. was an important United States Supreme Court case dealing with the busing of students to promote integration in public schools. After a first trial going to the Board of Education, the Court held that busing was an appropriate reanimate for the problem of racial imbalan ce in schools, even when the imbalance resulted from the natural selection of students based on geographic proximity to the school rather than from flip over assignment based on race.5. They deliberated for a year, at which point they issued a second ruling, Brown II, which avoided specifying what sort of racial balance might establish compliance. Brown II stated that desegregation should be carried out with all deliberate speed.6. De jure (Latin for from the law) segregation is the separation of people on the basis of race as required by by law. For example, after the Civil War and the ending of slavery by the 13th Amendment to the Constitution (1865), the governments of the agent slave states found new ways to discriminate against black Americans.They enacted laws to require separate public facilities for blacks and whites. Blacks were required, for example, to attend separate schools, to use separate public rest rooms, and to use separate public drinking fountains. The separa te facilities for blacks were divinatory to be equal to the facilities provided for whites. This separate but equal doctrine was endorsed by the Supreme Court decision in Plessy v. Ferguson (1896). In reality, however, the facilities for black people were rarely, if ever, equal in quality to those provided for whites.Racial separation that exists as a matter of custom rather than as a legal requirement is known as de facto (Latin for in fact) segregation. For example, one neighborhood may include only white families, and another nearby neighborhood may include only black families. However, this racial segregation may induct developed informally in response to social and economic factors, not as a requirement of the law. De jure segregation has been declared unconstitutional by the U.S. Supreme Court. In Brown v. Board of Education (1954) the Court ruled against de jure racial segregation in public schools. In subsequent cases the Court outlawed racial discrimination in other areas of public life. In 1964 Congress passed the Civil Rights flake, which outlawed de jure segregation.7. The Civil Rights Act of 1964 enacted July 2, 1964 is a landmark piece of civil rights legislation in the United States that outlawed major forms of discrimination against racial, ethnic, national and religious minorities, and also women. It ended unequal application of voter registration requirements and racial segregation in schools, at the work and by facilities that served the general public known as public accommodations.8. The 1965 voting Rights Act was a natural follow on to the 1964 Civil Rights Act. Ironically, the 1964 Act had resulted in an outbreak of violence in the South. White racists had launched a rill against the success that Martin Luther King had had in getting African Americans to register to vote. The violence reminded Johnson that more was needed if the civil rights issue was to be suitably reduced.9. The 24th Amendment prohibits both Congress and the s tates from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax. The amendment was proposed by Congress to the states on August 27, 1962, and was ratified by the states on January 23, 1964.10. White primaries were primary elections in the Southern States of the United States of America in which any non-White voter was prohibited from participating.11. Shaw v. Reno was a United States Supreme Court case argued on April 20, 1993. The ruling was significant in the area of redistricting and racial gerrymandering. The court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict examination under the equal protection clause. On the other hand, bodies doing redistricting must be conscious of race to the extent that they must ensure compliance with the select Rights Act. The redistricting that occurred after the 2000 census was the first nationwide redistricting to apply the results of Shaw v. Reno.12. Ko rematsu v. United States was a landmark United States Supreme Court case concerning the constitutionality of Executive vow 9066, which ordered Japanese Americans into internment camps during World War II heedless of citizenship.In a 6-3 decision, the Court sided with the government, ruling that the exclusion order was constitutional. Six of eight-spot Roosevelt nominees sided with Roosevelt. The lone Republican nominee, Owen Roberts dissented. The opinion, written by Supreme Court justice Hugo Black, held that the need to protect against espionage outweighed Fred Korematsus individual rights, and the rights of Americans of Japanese descent. (The Court limited its decision to the validity of the exclusion orders, adding, The provisions of other orders requiring persons of Japanese etymologizing to report to assembly centers and providing for the detention of such persons in assembly and move centers were separate, and their validity is not in issue in this proceeding.) During t he case, Solicitor General Charles Fahy is alleged to have suppressed evidence by keeping from the Court a report from the Office of Naval Intelligence indicating that there was no evidence that Japanese Americans were acting as spies or sending signals to enemy submarines.