The First Amendment to the United States Constitution prohibits Congress from executing a law which violates one freedom of speech. In 1970, the Federal and State courts examined the right of freedom of speech and expression to individuals incarcerated. This obligated correctional administrators to defend the limitation placed on these rights. In the case of Procunier versus Martinez, prisoners challenged the constitutionality of state regulations permitting censorship of prisoner mail. These rights were violated on the grounds of freedom of speech. However, a rule forbidden letters containing inmates' grievance of prison conditions. It proclaimed that the state regulations were unconstitutional. On its behalf, the Supreme Court set forth two …show more content…
In the case of Robinson versus California, the Court drew-out the Eighth Amendment's prohibiting cruel and unusual punishment to the states. Today, the Court identifies certain rights of offenders. At the same time, the Court confirmed that offenders do have fewer rights than free citizens. This was based on reasonable punishment and the restriction of the rights of prisoners. It was implemented by the Hands-Off Doctrine. This doctrine allowed the Rehnquist Court to grant correctional officials the authority to choose what restrictions should be placed on offenders. Another right protected by the First Amendment was freedom of association. In Jones versus North Carolina Prisoners' Labor Union, the Supreme Court supported the constitutionality of restrictions on the activities of a prisoner labor union. The Fifth and Fourteenth Amendments guarantee due process to all citizens. The Fourteenth Amendment guarantees all citizens equal protection of the laws. Prisoners have no Fourth Amendment right to freedom from unreasonable search and seizure. Prison officials can monitor prisoners' activities throughout prisons, watch prisoners in their cells, and conduct warrantless searches inside
More than than 270,000 troops are being denied their gun rights,mainly from the thoughts of those who are against the 2nd Amement. It really is common in the United States. And they also are very powerful and one shot can change your life for the worst, if used incorrectly. And that shot can or even could killed somebody. And that what makes them deadly. Guns are essiential to the United States of America because guns give us protection, and they are used for hunting and other recreational activities, and they really aren’t the biggest problem to the country.
You don't have to worry about a criminal committing the same crime twice, why? Because they won't be alive to even think about it!. The Eighth Amendment to the United States Constitution states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”, in other words, it protects American citizens from excessive or unnecessary punishments, fines, and bails. However, the death penalty is still an exception to “cruel and unusual punishments” when the punishment does not violate the standards of the Eighth Amendment. Based on the creation of death penalty in the eighth amendment, the constitution can be claimed as an inconsistently valuable but viable document in modern America. The death penalty also known as capital punishment is one that brings a lot of controversies but at the same time has been practiced throughout history in different forms and styles.
The U.S. Constitutional Rights are laws that guarantee the basic rights for the citizens.There are twenty-seven Constitutional Amendments in total, but 10 of them represent The Bill of Rights. The Bill of Rights ensures the basic individual protections such as freedom of speech and religion. The Bill of Rights became part of the Constitution in December 15, 1791 by George Mason.
The Eighth Amendment, ratified in 1791, and it had three clauses. The clauses are Cruel and Unusual Punishment, Excessive Fines, and Excessive bail. The Cruel and Unusual Punishment means that the state and federal government restrict how extreme the punishment is to a person who has done a crime. This clause is made so that the people that are accused are not tortured and killed cruelly. The Excessive Fines restrict the state and federal government the amount of money a person fined for a crime. This clause created was so that the government cannot take a lot of your money away. The Excessive bail means that courts can’t give a tremendous amount of bond to a person who has broken the law. This clause created so that the judge and jury cannot already make their decision before the case even begins. This is why the saying “an accused is presumed innocent until found guilty” is established.
Safety over rights or rights over safety is the question that the proposed 28th amendment makes U.S. citizens question. Michael Moore’s proposal is a contemporary approach on gun control in current day 2017 where fears of terrorism and mass shootings are relevant. Despite Moore’s new proposals Arizona citizens will better benefit by voting no on the proposed 28th amendment. This amendment will heavily affect Arizona as a limited constitutional carry state because it will not provide necessary help for times of need and will limit and infringe upon the rights assured by the second amendment.
The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.
To amend the constitution, various steps and procedures must be taken. When either Congress (which takes a two-thirds majority vote in both the Senate and the House of Representatives), or a constitutional convention (which takes two-thirds of the State legislatures) want to propose an amendment, they give it to the National Archives and Records Administration. The Congress proposes the amendment as a joint resolution to the National Archives and Records Administrations Office of the Federal Register for the publication process. The Office of the Federal Register adds legislative notes to the joint resolution and publishes it in slip law format. The Office of the Federal Register also puts together an information package for the States
The right to bear arms is a birth given right to all Americans by the Second Amendment to the United States Constitution. The Second Amendment has become controversial recently due to the technological advancement of firearms. Modern firearms are capable of both high rates of fire and greater capacities of ammunition, unlike the single shot muskets that were available at the time of the Second Amendment’s conception. American liberals view these improvements in firearms as dangerous and unnecessary. However, no matter how dangerous firearms may be, the Second Amendment is a necessity for one factor alone: protection from one’s own government and it must be upheld. The Second Amendment provides a physical tool for Americans to defend themselves against a tyrannical government, it allows Americans to form militias against a tyrannical government, and it allows Americans to maintain comparable firearms of the U.S. government in order to prevent the potential loss of American freedoms in the future.
Also, inmates have the right of the First Amendment such as freedom of speech or press, the right of the people peaceably to assemble, establishing of religion and redress of grievances. Because of the preferred position of this amendment, it is surprising that some of the early prisoners’ rights cases concerned rights protected by it consist of access to reading materials, and freedom of religious practice, according to the book.
The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted.
The First Amendment one that is watered down, serves as example of the freedom we as Americans have. It is best known as the amendment that lets us say what we want when we want. There is more to it that gets overlooked. It blocks government from establishing a theocracy, grants the people the right to peacefully assemble and protest the government for a redress of grievances. Our press is independent and is given freedom to publish at will. Our freedoms embolden us to speak out and organize for progress and against society's wrongs. Sometimes groups will organize to speak out but will sink to extreme measures as a means of expression. The first amendment has seen challenges in recent months. “Donald Trump referred to the press, and I'm quoting his exact words, as "dishonest, disgusting, and scum."Just ten days ago, you might have heard in a press conference, President Donald Trump said that the "press is out of control."(Chemerinsky, 553). To clashes between different ideologies on college campuses with some initiating riots. The first amendment grants many freedoms, however it does not grant protection from consequence.
“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.” - Second Amendment. Throughout history, this sentence of twenty seven words has caused an intense debate. The polemic is that some people claim that a gun control policy is unconstitutional, while others disagree and even say it is necessary in order to reduce crime. Now, what does gun control mean? If it means to analyze who is responsible enough to own a gun by a “Universal Background Check”; that sounds right to everyone. But in the article “What Are Obama’s Gun Control Proposals? An Easy Guide” published in the National Journal by Matt Vasilogambros. The author states that the “gun-control
The First Amendments is a blessing that the United States is fortunate enough to have. First and foremost, First Amendment protects the right to freedom of religion and expression, without any government interference ("First Amendment" n.p.). The freedom of expression includes the right to free speech, press, assembly, and to petition the government for a redress of grievances ("First Amendment" n.p.). Redress of grievances guarantees people the right to ask the government to provide relief for a wrong through courts or other governmental action ("First Amendment" n.p.). People are allowed to practice their own religions and do not have to conform to one religion, all because of the First Amendment. People's rights are protected with no government interference.
We have had several of the worst mass shootings in our nation's history in quick succession over the past few years. Certain legal restrictions and acts from our government could have prevented numerous deaths. Common sense background checks and limitations to cartridge size and assault weapons would surely have saved many lives at the Las Vegas Massacre, but certain men and women claim that these restrictions violate their second amendment right. They claim that guns aren't the problem. That guns don't kill people, people kill people. So limiting access to devastating guns is just avoiding the problem. The Second Amendment right presumably violated by common sense gun control is “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” (Second Amendment). The Second Amendment states that for the need of a well regulated militia to protect the security of the free state and the right for the people to keep and bear arms. Militias have been inactive for decades so in a sense the intent of the amendment is no longer relevant. Based on the 2nd Amendment, the Constitution is not still a valuable and viable document in modern America because it stands in the way of thorough background checks, training courses, and its vague wording and absolute intent make it inefficient to maintain peace and order and should be amended “To the People of the United
In the United States Constitution, the 8th Amendment prohibits the use and practices of cruel and unusual punishment. What exactly is considered to be cruel and unusual punishment? This question is a hot topic among America's many different current controversies. Many people are saying that the use of capital punishment (to be sentenced to death as a penalty in the eyes of the law [a capital crime]. An execution [capital punishment]) is a direct violation of the 8th Amendment to the Constitution of the United States (Capital Punishment). They say there should be another way to deal with these criminals other than having them executed. The purpose of this paper is to give a brief history of the death penalty