Essay On 10th 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.” - 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

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.

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.

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

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

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.

The First Amendment to the U.S. Constitution is part of our countries Bill of Rights. The first amendment is perhaps the most important part of the U.S. Constitution because the amendment guarantees citizens freedom of religion, speech, writing and publishing, peaceful assembly, and the freedom to raise grievances with the Government. In addition, amendment requires that there be a separation maintained between church and state.

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.

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.

In 1942 the Supreme Court, in Wickard v. Filburn, ruled unanimously in favor of restricting an Ohio farmer's acreage allotment to farm wheat grown for his own personal use. Congress’s authority to regulate local activities was questioned in reference to the 10th Amendment’s claim to states’ reserved powers (Oyez, 2015). However, Congress’s invocation of the Commerce Clause provided a loophole by which the case was settled. This sort of encroachment on personal matters was precisely the fear of Federalists when creating the Bill of Rights and in turn resulted in the 10th Amendment. The 10th Amendment was a precautionary measure to protect states from exploitative interpretations of The Constitution’s granted federal powers, and added a necessary provision to a system of mixed sovereignty in which each government has direct authority over citizens within the limits of said powers.

In the time of Katrina, this idea made federal government believed that their nonintervention was justified, causing the misunderstanding between governments at all level and the failure of efficient disaster aid. However, considering the purpose of the Constitution, this is a misinterpretation of the Tenth Amendment. The Tenth Amendment is not a reason for federal government to refuse offer common Defence and welfare to each states. The Bill of Right that contains Tenth Amendment serves to limit the abusive power of the federal government. It creates a Constitutional system includes big and small government with balanced power and the right to check each other. This idea does not conflict with the federal government’s original intentions as how the preamble and Article. I. Section. 8 declares. In fact, the Tenth Amendment indicates the federal government assistance to the state and local government’s work. Before and after the disaster, the federal government should provide help to coordination with states

FEMA takes over for state and local governments whey they tell FEMA what they need.

The responsibility for maintaining existing levees and building new ones falls to the federal, state and local governments. In reality, the costs of most infrastructure projects are in the hundreds-of-millions to billions of dollars. This means that the cost burden must fall on the federal government (Webster). The federal government, however, failed to provide the necessary resources to build protective infrastructure for U.S. citizens since, “Under the Bush administration there was little money for nor interest in internal improvements, as the federal dollar was spent mainly on the military while the nation's infrastructure continued to deteriorate” (George). Had more money been spent on internal improvements, more levees could have been built and the impact of the storm lessened.

Under the 1988 Stafford Act, the federal government guidance is to support the disasters only if they are of “such severity and magnitude beyond their state and the affected local government’s capabilities to support the disaster” (Edwards, 2014). The Governor may request to the president to declare an “emergency” or a “major disaster” if federal assistance is needed (Edwards, 2014). An “emergency” declaration usually considered when a hurricanes hit, whereas “major disaster” declarations is after disasters to render aid to state and local governments and individuals (Edwards, 2014). In the past, 86 percent of major disaster declarations requested by governors to the president have been approved (Edwards, 2014).

Basic disaster assistance falls into three categories as specified by the Federal government: assistance for individuals and businesses, public assistance, and hazard mitigation assistance. The scope of this paper will cover the analysis of the elements of eligibility for disaster assistance and will follow up with a conclusion about the Public Assistance Process, utilizing the Federal Emergency Management Agency’s (FEMA) Public Assistance (PA) Guide as the major resource for information.