The United States Constitution’s 11th amendment also states that an officer must show that they had probable cause in order to have lawsuits brought against them dismissed. In situations involving police use of excessive force the 11th amendment; protections have had multiple successes due to death caused by a police officer. A majority of cases heard regarding probable cause often lead to a dismissal of charges, but the penalty is usually in monetary form as an end result of a lawsuit. The 11th amendment granted diversity jurisdiction to the federal courts, allowed lawsuits between a State and Citizens of another State called, Sovereign Immunity. The law is ethical and morally correct, but not successful in assuring police are charged…
The Bill of rights was added to the constitution in 1791 to ensure limited government and protect the right of the American people from the national government. The addition of the 14th amendment in 1868 required the states to also guarantee citizens their due process rights and equal protection of the law. The bill of rights has protected and expanded the rights of the citizens of the united states. In the picture with the man burning the flag is supposed to resemble the Texas v Johnson case of 1989 the court ruled in favor of Johnson because they believed that the bill of rights protects a person’s right of expression as long as it does not harm anyone else.…
The 16th amendment was a transformational event in the history of the United States Constitution by which an unregulated direct federal tax on all of the money a person makes in one year was authorized. The amendment reversed the preceding Constitutional tax structure prohibiting such taxes under which the American people had grown to be the freest and most optimistic people in the history of the world who were all in favor of a much different structure under which the scandal ridden and deeply distrusted big wigs of Washington, D.C. were granted the express written consent to reach directly into every wallet, be it that of a Wall Street tycoon or that of the average blue collar, hard working man. At that time it seemed like a great way to get back at the people who were ripping off the nation by killing all other competition and basically taking over, but would soon realize that their plan to…
Dissenting Opinion This case will help introduce “another progressive time of tolerance in this cultivated by the legal that I wish, consequently, completely to renounce any reason on my part to hold that the Federal Constitution propels the instructors, folks, and chose school authorities to surrender control of the American government funded educational system to state funded school student.” (Justice Hugo Black) Educational…
This amendment “forbids the state to deprive any person of life, liberty, or property without the due process of law”. However, property is not defined by the constitution, but rather created and defined later on by state statues or other rules which entitle citizens to different types of benefits. b. A previous case established a precedent for the importance of education, Brown v. Board of Education, with the statement that “education is perhaps the most important function of state and local governments. This case says that depriving a student from an education even for a period of 10 days is a serious event in the life of that child whom was suspended.…
The original 10th amendment from the bill of right stated that “the powers not delegated to the United States by the constitution, nor prohibited by it to the states respectively or to the people.” (cooper class notes). This amendment is now as the “States Rights”, these rights were meant to have a separation between state government and federal government, just like the separation of state and church, there needed to be a balance between level of governments. This helped the government keep a balance been them and also make sure that no American rights were being violated. In contrast the 14th amendment stated that “granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.…
The 8th amendment stops the federal government from any excessive bail, excessive fines, or cruel and unusual punishment. The 8th amendment also applies to the states and not just the federal government. The 8th amendment was adopted as a part of the Bill of Rights in 1791. Because of this amendment, there are very rules laws for the death penalty for example execution by firing squad is not allowed (this used to be a form of capital punishment where they would kill the victim with firearms). This amendment states that there should not be too many bails out of jail in the country.…
The Bill of Rights to every American is the crown jewel center piece of our constitution and from which just about all legal proceedings are based from. Akhil Reed Amar's "The Bill of Rights as a constitution" pages 1131-1210 and 1193-1284, details and analyzes the strengths and weaknesses of the Bill of Rights. Amendments such as the fifth, ninth, and tenth are currently the sole topic of college courses such as Constitutional Law, the sixth, eighth, and a majority of the fifth are taught in Criminal Procedure and the seventh is taught in Criminal Procedure. Teaching these amendments to Americans is essential so that when issues arise we can have the knowledge we've learned right on hand. In the current day and age interpretations of the…
Imagine that last week your best friend was murdered. Now, you’re in court and the offender was ruled to have only 11 years of prison, instead of the death penalty in the eyes of the pubic. Would you agree that the punishment given was proportional and justified the crime offended? It certainly wouldn’t have back then, so why is it now? The 8th amendment have changed based on how our prosectives changed over time and so has our ways of interpreting the terms “ cruel and unusual”.…
The fifth amendment is part of the bill of rights in which each amendment specifies not only our rights but our protections against the government when needed. It is stated within the amendment that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…”. Similarly, it is also divided into three separate clauses that enhance the major phases when dealing in a criminal investigation and prosecutions. The first one is the grand jury, secondly right to self-incrimination, and finally double jeopardy. The way it came to be in this order was due to not only history, but by also the clarification Alfredo Garcia initiated.…
The 14th Amendment of the United States Constitution ensures that all United States citizens get equal protection of laws by the government. This was made to ensure that many African Americans have their basic rights protected. The 14th Amendment even caused the Supreme Court to become involved in the process of protecting these rights for the children of immigrants and Native Americans. It also ensured the safety and protection of rights for all Americans regardless of race. There are numerous cases where the 14th Amendment was used to make the cases about the facts rather than the race.…
The 9th Amendment simply states that rights may be given to citizens of the United States even if they are not explicitly afforded in the Constitution. The only case I could find relating to the 9th Amendment was Griswold v. Connecticut. This case is only loosely related though because the majority opinion, written by Justice Douglas, mentions the 9th Amendment but does not relay on it for the rationale. Justice Goldberg in his concurring opinion, expounds greatly on the meaning, past history and James Madison’s intentions in including the 9th Amendment in the Constitution.…
The Fifth and Fourteenth Amendments of the U.S. Constitution agrees due process as the Fifth “has an explicit requirement that the federal government not deprive any individual of life, liberty, or property without the due process of law” and the Fourteenth “explicitly prohibits states from violating an individual’s rights of due process and equal protection” (Overholt et al, 2008, par. 2). These due process protections require that an officer have a fair process before they disciplined or fired if the act is related to officer’s liberty or property interest (Overholt et al, 2008). A property interest is where a police officer expects to continue his job under rules established by “a collective-bargaining agreement that requires…
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted “ (US). This is what the Eighth Amendment states. Although excessive bail and fines are intriguing, what’s more striking about the Eighth Amendment is that it mentions “cruel and unusual punishments”. Although you would think “cruel and unusual punishments” might be rare I think you’d be surprised how many cases deal strictly with what the Eighth Amendment prohibits.…
The Constitution was drafted in 1787 and ratified by the states in 1789. In the Case of Marybury v. Madison, the Supreme Court ruled that it had powers to interpret the Constitution. According to legal resources, constitutional law deals with the fundamental principles by which the regime exercises its ascendancy. In some instances, these principles grant concrete powers to the regime, such as the puissance to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the regime can do, such as enjoining the apprehending of an individual without sufficient cause.…