Unit 9: Tiers of Rights Crystal Morgan Constitutional Law, LS 305-02 Professor Solomon September 29, 2010 The Constitution of the United States of America is known as the supreme law of the land. Within these historic pages, even in our modern times, is a section known as the Bill of Rights, which explains each of our freedoms. Every freedom is important and these freedoms have not been subtracted from but added to as time progressed. A couple of rights have “aged out,” which simply means that with modern progress they are not applicable anymore. But without the Fourteenth Amendment giving us the right to due process and equal protection of the laws, we would be left without a recourse for redress from losses resulting from …show more content…
They may present evidence and testify for one’s own defense, while exercising their Fifth Amendment[1] right not to self incriminate. One has a right to face his accusers and cross-examine any witnesses that the opposing side may present. Also, it is expected that the law be written in plain English so a layman may understand, among many other provisions that assist in keeping our courts a level playing field. The equal protection clause also in the Fourteenth Amendment similarly gives fair access to laws and to grieve to all persons. This applies to the courts as well. The historical roots of this concept date back to Thomas Jefferson with his famous quote: “All men are created equal” as found in the Declaration of Independence. This concept eventually paved the way to abolish slavery and segregation, thereby establishing rights regardless of race. During this period landmark cases were argued within the Supreme Court that we still look upon as primary authority today, such as the famous case of Brown v. Board of Education of Topeka, 347 U.S. 483 (1954). Women gained equal protection as well, and eventually the rights to vote and own property due to the equal protection clause, so one may not discriminate due to sex. Disabled individuals followed suit and eventually gained the official right to equal protection of the laws with
1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?
During the reconstruction a the 14th Amendment was passed, it protected the rights of the freedmen. Document A states, “No state shall make or enforce any law which shall abridge [take away] the privileges or immunities of all citizens of the United States.” This was to protect the rights of the citizens of the United States’ rights and to avoid discrimination. This protects the citizens from the state government. Aslo in Document A it states, “nor deny to any person within its jurisdiction the equal protection of the laws.” This segment states that all the citizens must have equal treatment from the government. These laws are still used today and are brought up in courts all over America.
The amendments were put into place to protect the rights and civil liberties of all American citizens from the federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states. This document drastically changed the perception of the citizens, showing that it protected the civil rights of whites and blacks. While the fourteenth amendment was instated to expand citizenship, it has caused controversy and debate in the court system with two major key points, the Equal Protection and Due Process Clauses.
The Fourteenth Amendment to the Constitution of the United States is perhaps the most sweeping and has likely impacted the general jurisprudence of the Supreme Court the most of any other amendment. This is because, where all other right-protecting amendments protect something specific, the fourteenth amendment was designed to ensure that states guaranteed due process rights, applied the law equally, and protected the “privileges [and] immunities of citizens of the United States.”
In this Modern Era, there are three amendments that greatly impact us; the 13th amendment, 19th amendment, and 22nd amendment. Throughout history many important decisions and laws were made based on age, beliefs, gender, race, and ethnicity which reflect on our society today. The constitution is an important decision wisely created by the United States to protect the natural rights of life, liberty, and pursuit of happiness, and within the constitution are the amendments. Amendments consist of civil rights, civil rights are given to citizens to enjoy political and social freedom as well as equality. Before the 13th amendment African Americans were deprived of their life and pursuit to happiness, when the 13th amendment was ratified and abolished
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 Fourteenth Amendment was ratified in 1868 and the amendment was put in place to protect former slaves and their rights in life. The most important part of the amendment reads, “No state shall ‘deprive a person of life, liberty, or property without due process of law; nor deny to any person… the equal protection of the laws.’” This simple statement has one of the most profound and incredible parts of the United States today. The equal protection of the laws show that there must be equal treatment for all citizens regardless of race, class, or gender. Although there has been many racial events happening after this amendment was passed this clause still stands to today and has helped shape the United States for the better. Having this clause in the Fourteenth Amendment protects the ‘little guy’ and makes sure that everyone has the same ability to do whatever everyone else is doing.
On a date that will be remembered forever as a step forward for our nation, July 28, 1868, the Fourteenth Amendment became part of the U.S. Constitution. The Fourteenth Amendment gave a new sense of hope and inspiration to a once oppressed people. It was conceived to be the foundation for restoring America to its great status and prosperity. The Amendment allowed “equal protection under the law”, no matter what race, religion, sex, sexual preference or social status. It was designed to protect the newly freed slaves. However, it only helped the white race.
The Fourteenth Amendment accomplished three important things in terms of providing equal protection of the laws. These three things, which are found in Sections 1 and 5, were providing a definition of citizenship, declaring what protections states were required to give to their citizens, and giving the federal government broad power to take action against states that did not provide the necessary protections to their citizens.
The purpose of this paper is to Advise Allan, Belinda and CareFree Pty Ltd as to the constitutional validity of the Medicinal Cannabis Act 2011 (Cth) (MCA) in terms of whether its provisions apply to them under the trade and commerce power s 51(i) and as to whether the MCEA (Medicinal Cannabis Export Authority) is constitutionally valid in light of the separation of judicial power doctrine. This paper begins by analysing the validity of MCEA. In doing so the paper not only confers to the characterisation of the laws under the trade and commerce powers of s 51(i), but also includes the implied incidental powers and the doctrine of principles of separation of judicial power. There after it advises Allan, Belinda and Carefree Pty
The framers of our Constitution knew that time has a way of changing countries and their citizens. Our country was in a whirlwind of change in 1789 as people were experiencing freedom from the tyranny of England for the first time in their lives. Our country was being molded and formed into a great nation by the founding fathers. Expectations and rules had to be set to protect the rights of the minorities and majorities. Amendments to the Constitution were written to ensure equality for all in changing times.
From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.
Throughout the United States there are many different laws among the fifty states that make up this union. The laws are different throughout the states because of the need of the laws. Living in one state and not having the advantages or disadvantages of a law in another state would not be that unfair or unequal. This is true because if you don’t like a law in your state you could always fight it and try to change it or you could always move out of that state and go to one that has the laws that you like.
“In the United States, due process refers to a set of established legal principles, derived from the Constitution, that seek to protect the rights of citizens.” Inga Johannsen was put in a situation in which she was discriminated invidiously. Citizens of the United States were treated unequally, ending in a very unfair result for Johannsen. The study that was found in Utopia was said to be too new to be fully evaluated, meaning, Inga should not have been fired until at least further evidence of this study was said to be accurate, if anything. If the situation was different, for example, Inga had just been hired by the school district; the results may not have been such discrimination towards her personally. However,
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.