The Pros And Cons Of The 11th Amendment

Decent Essays
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

Related Documents

  • Improved Essays

    A 28th Amendment Congressional adoptions of amendments to the Constitution come few and far between, although prove effective in bettering the welfare of the United States. The Law of the Land must change alongside America’s changing views. The next necessary amendment to the constitution should be a set outline for term limits for both the House of Representatives and the Senate. Currently, term limits do not exist among Congress, leading to possible corruption and political scheming, allowing the same state representative to stay in office until he/she resigns or passes away.…

    • 420 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    I would like to articulate my counterview towards Mr. Trump’s recent intention of repealing the Johnson Amendment. In my opinion, the amendment should not be discontinued as a result of the following reasons: Firstly, should the amendment be withdrawn, politicians might take advantages of this benefit to maximize their personal interests. That is to say, the current regulations mandate on campaign finance, especially those from the merchants, and these funds are subject to taxations. Assume that during the election, if the amendment is not being enforced, politicians will take advantage of nonprofit organization’s tax exempt policy to bribe electors or organizations without paying tax, conducive to win the election.…

    • 347 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    13th Amendment Dbq

    • 1481 Words
    • 6 Pages

    Who was involved in ratifying the 13th amendment and what happened along the ride? Let us start with the question, what is the 13th amendment? The 13th amendment was passed by the Senate on April 8th, 1864, and passed by the House of January 31,1865. The amendment provided that “neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” (“13th Amendment:Abolition of Slavery” 1865). The ratification of this amendment represented the struggle against slavery.…

    • 1481 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    "“Where slavery and involuntary servitude is abolished, with the exception as punishment for a crime. That is the 13th amendment, the movie 13th was published in 2016 which elaborates on enslavement and our justice system. 13th was directed by Ava Duvernay showing Americans how the 13th amendment is abused by our justice system.“Where Duvernay is an African American woman who directed 13th which showed a lot of political interviews and interviews with people that have experienced the corrupt justice system. Henry Louis Gates Jr. was the first African American to get a doctorate degree Henry is a Black Lives Matter supporter and was interviewed in 13th. This can create some controversy because in his past he had some trouble with the police, making him biased on the questions he is asked in 13th.…

    • 699 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    13th Amendment Dbq

    • 851 Words
    • 4 Pages

    13TH Amendment This amendment was one of the greatest decisions ever made by president Lincoln due to all the controversy it was going to bring. This amendment was one of the most influential amendments to have ever been passed in the United States. This amendment was so important because it meant that slavery would come to an end and not to many people were okay with that due to the fact no one liked change.…

    • 851 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Over the years, there have been many debates regarding the constitution. One common debate being whether or not the constitution is flexible enough to live through the generations. Jefferson, a founding father, has stated, “The Constitution belongs to the living and not the dead.” This statement does allude to the longevity of the Constitution, as can be demonstrated through the amendment process, the elastic clause, and judicial review. The amendment process has allowed the United States government to amend the Constitution.…

    • 724 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Pros And Cons Of The New Constitution

    • 970 Words
    • 4 Pages
    • 7 Works Cited

    In order to resolve the differences, delegates from the majority of the states met at the Annapolis Convention in 1786. But they were not able to reach any agreeable conclusion. That led them to decide to meet again later in Philadelphia. In second convention, delegates observed that there is urgent need to frame an entirely new constitution. A key issue of conflict was the structure of the new legislative branch.…

    • 970 Words
    • 4 Pages
    • 7 Works Cited
    Improved Essays
  • Superior Essays

    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…

    • 1437 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    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.…

    • 1912 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    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”.…

    • 1016 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The 13th Amendment, passed by Congress January 31, 1865, and ratified December 6, 1865, states: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." The passing of this amendment freed slaves and made it illegal to have slaves, but the 13th Amendment did not give African-Americans the equal rights that they longed for. Consequently, slavery was a major setback for African-Americans leaving them deprived of education, which in the long run made it difficult for African-Americans to obtain any type of power in the United States. This shortfall of education hindered African-Americans from…

    • 1182 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The 14th Amendment

    • 717 Words
    • 3 Pages

    Section 1 (a) the executive branch may veto legislation and may call special sessions of congress the legislative may override a president’s veto, may impeach the president, approves appointment's of judges and approves treaties (b) the framers intentions were to keep any branch of government from having too much power and the checks and balances make their intentions possible. 2. 1. (a) skipped (b) it basically means that the law must be obeyed no matter what and no one is immune to the law also it means no one man has more power than the law.…

    • 717 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The sixteenth amendment is one of the most controversial statements that has aroused the American people with its ability to grant the government to control your financial state and also disable you to do certain things when they need money to use for no good reason. Do you want your money in someone else 's hands? Or do you want your own money to be able to control? The money that is given to the government through taxes is supposed to be used to support foreign affairs and have the federal government assemble a decent society to be prosperous.…

    • 1100 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    The 8th Amendment

    • 2053 Words
    • 9 Pages

    Too Young or Just Right? Through history, the way society has dealt with consequences to previous unjust actions have evolved over the years, especially with children. In the 18th century kids were being sent to jail or killed for innocent crimes. Cyriaque Lamar, an expert on this time period states “During the Victorian era kinds as young as 11 received adult sentences for minor crimes”.…

    • 2053 Words
    • 9 Pages
    Great Essays
  • Superior Essays

    Arizona can also be put into the frame of judicial activism. The Supreme Court created a new law, bypassing the elected legislative branch of government, in order to protect the rights of the accused. The law that requires police to read the defendant the “Miranda Rights” not only helps to protect the defendant from self-incrimination under duress, but it also reduces police violence and other forms of intimidation that could lead to a false confession. The new law protects the rights of the accused and changes the behavior of the police towards arrests and interrogations, reconciling growing police powers with individual basic…

    • 1238 Words
    • 5 Pages
    Superior Essays