Historical Background Constitution, Bill of Rights and Fourth Amendment:
America’s first constitution, the Articles of Confederation, was a document signed amongst the 13 original colonies that established the United States of America as a confederation of sovereign states. The Articles of Confederation were ratified in 1781, five years after the Declaration of Independence and two years before winning independence from Great Britain. During this time, states acted like independent countries and federal government lacked the power it has today. The national government was comprised of a single legislature called the “Congress of the Confederation”. There was no executive or judicial branch.
The Articles of Confederation gave Congress the …show more content…
Position Statement: Of all of the Amendments to the Constitution, the Fourth brings about checks and balances that prohibits our government from violating our freedom, works to insure domestic tranquility, promotes the general welfare, and secure the blessings of liberty to ourselves and our posterity. These key factors make the Fourth Amendment the most critical amendment to the common good of the residents of the United States.
Historical Background On Fourth Amendment and Impacts On Society and …show more content…
While it is powerful it is not absolute for it is limited by the other two branches making the checks and balances in our government take place. Judicial Review includes the ability for the court to review laws or an official act of an agent of the government.
Terry v. Ohio (Know My Rights). A police officer suspected that three men were about to rob a store and confronted them. He performed a frisk and discovered illegal concealed weapons. The three men were convicted and appealed claiming that the frisk violated their Fourth Amendment right.
The Supreme Court did not overturn the conviction, stating that the law enforcement officer had "reasonable grounds" for suspecting that a criminal suspect may be armed, he may pat down the outer layer of the suspect's clothing for weapons. This outcome represents a ruling that was made in the interest of the Common
America’s first constitution, the Articles of Confederation, was a document signed amongst the 13 original colonies that established the United States of America as a confederation of sovereign states. The Articles of Confederation were ratified in 1781, five years after the Declaration of Independence and two years before winning independence from Great Britain. During this time, states acted like independent countries and federal government lacked the power it has today. The national government was comprised of a single legislature called the “Congress of the Confederation”. There was no executive or judicial branch.
The Articles of Confederation gave Congress the …show more content…
Position Statement: Of all of the Amendments to the Constitution, the Fourth brings about checks and balances that prohibits our government from violating our freedom, works to insure domestic tranquility, promotes the general welfare, and secure the blessings of liberty to ourselves and our posterity. These key factors make the Fourth Amendment the most critical amendment to the common good of the residents of the United States.
Historical Background On Fourth Amendment and Impacts On Society and …show more content…
While it is powerful it is not absolute for it is limited by the other two branches making the checks and balances in our government take place. Judicial Review includes the ability for the court to review laws or an official act of an agent of the government.
Terry v. Ohio (Know My Rights). A police officer suspected that three men were about to rob a store and confronted them. He performed a frisk and discovered illegal concealed weapons. The three men were convicted and appealed claiming that the frisk violated their Fourth Amendment right.
The Supreme Court did not overturn the conviction, stating that the law enforcement officer had "reasonable grounds" for suspecting that a criminal suspect may be armed, he may pat down the outer layer of the suspect's clothing for weapons. This outcome represents a ruling that was made in the interest of the Common