Essays on Const

Perhaps one of the most commonly known rights guaranteed by the first ten amendments to the Constitution is the Fourth Amendment’s “right of the people to be secure in their persons, houses, papers and effects against unreasonable searches” (U.S. Const. amend IV). Interestingly, while the meaning of the term “unreasonable” might seem intuitive, the Framers of the Constitution did not provide a specific or detailed definition of it. However, after the Supreme Court; relying on the fact that Article III of the Constitution vested the Court with the judicial power to “all cases” that arise under the “Constitution, ...

In the 1996 case, United States v. Virginia, the Supreme Court held that the state run Virginia Military Institute’s (VMI) official and traditional policy of only allowing male students to be admitted was unconstitutional. According to the Court, as a state institution that barred woman from entering without a showing that the policy was furthered or was substantially related to an important government purpose, violated the Fourteenth Amendment’s Equal Protection Clause (United States v. Virginia, 1996). The Court came to this decision even though Virginia had decided to establish a female only school, the Virginia Women’s ...

Introduction

The 2nd amendment is one of the most important parts of the American Constitution, which gives an individual right to bear arms. “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” (U.S. Const. amend. II) has raised many public debates about the controversy of the topic with trying to limit and even ban the right of the firearms from citizens. The 2nd amendment added to the Constitution on the December 15, 1791 has been questioned and seen different interpretations. The American ...

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Brief Overview In the work of a school counselor, ethical code of conduct plays a central role identifying the quality of the profession. A failure to comply with the ethical rules may lead to the disciplinary and legal consequences that will affect the career as well as the entire educational establishment. It is essential to remember that school bears a list of responsibilities for the life and well-being of children and adolescents that are both legally and ethically safeguarded by the state and the entire community. Consequently, the educators have to preserve a balance between their personal beliefs and ...

Government Survaillance is unconstitutional and should not be conducted. It deprives citizens their right of liberty. Peolpe’s privacy should not be sacrificed for the sake of security. Security concerns have often been used to justify a breach of citizens’ privacy. Law enforcement groups have created different measures such as the use of surveillance cameras including in many public places to monitor the activities of unsuspecting citizens. In the surveillance process, the agencies involved use high-tech machines. These devices are controlled from a private area and are mostly invisible to the public (Norris, 2010). The tools are made in ...

The United States judicial system offers certain protections for criminal suspects who are at risk of arrest or a search without a warrant. One of the most important safeguards afforded under the U.S. Constitution is the 4th amendment, which prevents government officials from illegally searching individuals or seizing property without following standard procedure. The concept has evolved over time, and the exclusionary rule is now the primary way to defend people from illegal search and seizure by government officials. However, history has shown that this is an ineffective solution because it allows those who would have been convicted to ...

Introduction

No form of punishment engenders more controversy than the death penalty. Although capital punishment has been used since ancient times, its modern utilization is repeatedly called into question. The United States stands alone among Western world counterparts in its continued use of the death penalty. Among the international community, the general trend largely reflects a discontinuance of capital punishment. For instance, member states of the European Union have all abolished the death penalty (Shin, 2007, p. 505). Given the overwhelming number of nations that have since abolished the death penalty, it is somewhat surprising that the United States continues ...

While the Civil War may have legally ended slavery, remnants of slavery and racial animosity continued to exist, and perhaps still do, in many parts of the country. Even after the passage of the Reconstruction Amendments, which attempted to empower newly freed African American slaves and give them equal rights of citizenship, states managed to find ways to disenfranchise blacks from exercising their newly acquired rights of citizenship. Racial prejudice was especially pervasive in the South. The era of Jim Crow laws, which controlled nearly every aspect of Southern public life, maintained strict separation of whites and blacks (Welke, ...

Construction Law is a genre of law that is very detailed because its nexus operates on a concept in the United States that has been around since the age of Industrialization and that is relating to labor unions. Depending on where one travels within the United States to seek employment pertaining to construction work, they are potentially eligible to join a laborer’s union. What many of these labor unions do is to achieve a standard wage and benefits that construction employers pay construction worker within that specific state of geographic territory. Some of these unions have become quite ...

Introduction

In the American legal system, the rights afforded to a defendant who has been accused of a crime are fundamental and of paramount constitutional concern. The Framers were cognizant of the potential for government abuse and ensured that a criminal defendant’s rights were protected. The Sixth Amendment provides that in criminal proceedings, “the accused shall enjoy the right to a speedy and public trial, by an impartial jury” (U.S. Const. amend. VI). Thus, the Sixth Amendment safeguards the criminal defendant’s right to a speedy trial and guarantees that defendant is entitled to a trial by a jury ...

Toward a Happy Medium: Maintaining Balance Between America’s Right to Liberty and Need for Security Through the Fourth Amendment

Abstract

The Fourth Amendment to the Constitution is near the heart of the American model of civil liberty. In no other amendment do the notions of liberty and security rest at such delicate legal counterpoints. Maintaining balance between the two is a constant challenge. Decisions in landmark cases in the last half of the 20th century helped to affirm important Fourth Amendment principles and protections concerning search and seizure, drug testing and probable cause. But in the post-9/11 world, Americans’ right to ...