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14th Amendment Pros And Cons

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The Bill of Rights was introduced into America's system of government along with the Constitution in order to appease Anti-Federalists that wanted to ensure the protection of their rights. The 14th Amendment was later added to guarantee due process and equal protection rights. The Bill of Rights and 14th Amendment are extremely effective in protecting the rights of all citizens and are most clearly shown in the 1st, 5th, and 6th Amendments. The full expanse of the 1st Amendment and the freedoms it provides have been debated since its implementation, but its involvement in Texas v. Johnson was a key step in setting the proper precedent for its use. In 1984, a man named Gregory Lee Johnson was charged with burning an American flag during a protest …show more content…

Wainwright. Clarence Earl Gideon was accused of breaking into a bar in Panama city Florida. He couldn’t afford a lawyer and requested for one to be appointed, but the judge refused and insisted that they move on with the trial. Even though the 6th Amendment right to an attorney was stated in the Constitution, apparently it didn’t apply if one did not have enough money. Without proper defense, there was no way Gideon would win; unfortunately he was convicted and sent to prison. To everybody’s shock, Gideon ended up appealing to the Supreme Court from jail, insisting that his 5th Amendment due process rights and 6th amendment attorney rights had been violated. The Supreme Court took his case and agreed with him, with Attorney General Robert Kennedy in Document 3 going as far as to say that the “whole course of legal history has been changed.” Gideon was able to have his conviction overturned and have a retrial, this time with a lawyer, and was found not guilty. This case shows how important it is to provide convicts with protection in court. They are innocent until proven guilty, and they cannot be tried properly without an attorney. This reevaluation of the 6th Amendment assures that all citizens will be given equal protection in court regardless of their social class, and the 14th Amendment further drives this

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For instance, the defendants were not allowed an attorney or any sort of help, although the prosecution was. This even violated the sixth amendment in the American Constitution, meaning it was outright illegal (EB 1). Another example of unfairness to the defendant, is that all of the judges of the court had no legal background or training, and ran the courts only from the knowledge of the Bible, and advice from Ministers (2 CSD 1). This lack of legal background almost guaranteed that if they had to make a decision, they would decide in favor of the prosecution, because that was the side they supported. Furthermore, the courts were also run unfairly because anytime someone was found not guilty, the judges would urge the jury to think again, trying to make them vote guilty (1 CSD

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The Constitution of the Unites States had many problems that had to be fixed by adding amendments. Once an amendment is ratified by the majority it trumps what the Constitution originally stated is the law. The Twelfth Amendment was added to the flawed Constitution, so voting for President and Vice President was separate. The goal was to fix situations like the 1796 and 1800 elections. The Twelfth Amendment was added to the United States Constitution, because the 1796 and 1800 elections found faults in the Constitution, and these additions caused major changes in the executive branch.

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Lincoln was practicing in a court of law; he was not trying to convince a group of individuals of Truett’s innocence at a local pub. Emotion alone, while helpful in the courtroom in some regards such as closing and opening statements and proving certain elements such a genuine fear of loss of life, possibly would not have handed Lincoln a victory. His ability to “zealously represent” his client was due to his preparation long before he stepped into a courtroom. A large part of this preparation is the construction of elements taught in this class: case briefs and legal memorandums. These devices help an attorney understand the interconnected fibers between statutes and common law as they apply to a case at hand.

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Gregg v. Georgia 1976 Constitutional Question: Is the death penalty constitutional, or is it a violation of his 8th and 14th amendment rights? Background Information: In 1976, a man named Gregg was tried and and found guilty for the murder of two people. After his trail he was sentenced to death.

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Imagine yourself struggling with financial problems. You get put into court and was denied an attorney when requested for they believe you can defend yourself with no degree in law at all. When unable to respond properly  you get put into jail just cause you couldn’t representing yourself.   Well that is what Clarence Earl Gideon experienced and had to argued for on Jan 15, 1963.

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Gideon went through all of the procedures that an attorney would in the process of his trial. He made an opening statement, questioned witnesses, and appealed to the jury. However, in spite of Gideon’s representation of self, the jury reached a guilty verdict. Because he had been in prison before and had a previous record his sentence was more severe than the usual sentence for burglary. While in prison Gideon who was somewhat illiterate took advantage of the Law Library by writing his own writ of certiorari.

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advantage, powerful military leaders which served them nicely in the beginning battles. However motivation for equality drove the Union to victory. Although, Lincoln issued the Emancipation Proclamation in 1863 and pushed for the 13th amendment, which he believed was crucial for peace, he did not live to see the abolishment of racial prejudice. The 13th Amendment commands that "Neither slavery nor involuntary servitude, exceptas a punishment for crime whereof the party shall have been duly convicted, shall exist within the United.

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Have you ever wondered what a court room means to most people? Well, to most it’s an equalizer for any man or woman present, but there is a flaw to this system. This flaw is bias, the amount of evidence, and witnesses. Today we will talk of whether or not Tom Robinson had received a constitutional trial. If you don’t know “To Kill a Mocking Bird” by Harper Lee, is a telling of age story, about a girl nicknamed “Scout” growing up, while slowly unlocking the secrets of her home town and the secrets of life.

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The Bill of Rights is essentially just a document that states our rights as citizens and the 14th Amendment states that, no matter your skin color, sex, or age, everyone is equal

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The 14th Amendment was ratified to the Constitution on July 9, 1868 and it allowed citizenship to all the people that were born or naturalized in the United States. The 14th Amendment substantially enlarged the safety of civil rights to all American citizens and is mentioned in more legal action than any other amendment. The Fourteenth Amendment involves essential ideas, advantages, exceptions, citizenship, due process, and equivalent protection. All of these involvements are included in Section One, also known as the Naturalization Clause. Before the Fourteenth Amendment was included, people that lived in the states were considered citizens of the United States.

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The 24th Amendment Fails the People The 24th amendment of the constitution to the United States of America needs to be changed. As of 2016, the 24th amendment states that in any federal election, poll taxes are not allowed to be given. The 24th Amendment should state that in all elections no one is allowed to receive a poll tax because the constitution states that anyone over the age of 18 can vote, no matter what, and it is technically against the 14th amendment to have anyone's rights from the constitution taken away.

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Wainwright, n.d.). Unable to afford an attorney, Gideon asked the court to appoint him one. However, during that time, under the laws of the state of Florida state, “the only time the court can appoint Counsel to represent a defendant is when that person is charged with a capital offense” (Hall, 2011, p. 76).

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The Fourteenth Amendment (Amendment XIV) The amendments were put into place to protect the rights and civil liberties of all American citizens from the federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states.

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70 Words | 1 Pages

In Gideon's trial, he is denied a lawyer. This causes the trial to be unfair and leads to Gideon being sentenced for 5 years. Gideon appeals for his right to Due process, which allows him to get a retrial with a lawyer. With the help of a lawyer, Gideon is found not guilty. This case ultimately sets up precedence for trials where people were denied their rights to due

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Wainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.

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