Comparing The Foundations Of No Bill Of Attainder, Habeas Corpus
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Habeas corpus is the right of a person who is arrested to have a trial. By suspending habeas corpus, President Lincoln is preventing everyone who is arrested from being released. While the northern army was traveling around, people kept burning bridges and other nuances to slow their advances. Lincoln had to find a way to prevent this from happening so he suspended habeas corpus and had some of the perpetrators arrested. Lincoln said, “... often a limb must be amputated to save a life; but a life is never wisely given to save a limb.”
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Amendment VIII: Protection Against Unreasonable Bails, Fines and Punishments The eighth amendment protects people in the United States from bails and fines that are excessive and punishments that are cruel and unusual. This means that people who commit criminal acts are not allowed to be punished in an unusually cruel way. This amendment, as a part of the bill of rights was also a law in the British kingdom 102 years earlier than when it was added to the United States constitution and was also introduced in George Mason’s Declaration of Rights that he wrote for the commonwealth of Virginia in 1776, fifteen years before it was added to the constitution.
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After the Emancipation Proclamation, in 1861 Lincoln decided to issue yet another executive order, suspension of Habeas Corpus. Habeas Corpus is a legal guarantee, which gives the individual the right to know why he or she is being arrested and to be entitled to a trial. It is important to notice that Abraham Lincoln has suspended Habeas Corpus on numerous occasion during the Civil War (Foner, p.98-99). The reason I choose to focus on the executive order form March 3rd, 1983, is because at that time Lincoln suspended Habeas Corpus throughout the whole North. We must also acknowledge that Abraham Lincoln was much more careful inn suspending civil liberties during a war, than other American presidents in U.S history.
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Not everyone agrees with the government or if we should even have a government. What's the point of having rules, laws, someone in charge of running who could be unqualified? Each person in the government is protected by having for too much power. Every single person that has something to do with the federal government has some sort of power of someone. John Dickinson wrote The Articles of Confederation which were very weak and a disappointed to our country.
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Thomas Jefferson once wrote to James Madison: "A bill of rights is what the people are entitled to against every government on earth" seeing that some Federalist was skeptical of the idea of listing rights. James Madison called it "parchment barrier" but regardless of his skepticism the declaration of rights was added to the US Constitution13. Initially, some amendments proposed by Madison were rejected including his "proposal to extend free speech protections to the States. " What followed were debates over spelling out what constituted the Bill of Rights, especially the "due process of law" preserved under the 14th Amendment. However, it was not until in 1925, in Gitlow vs. New York, 268 U.S. 652, did the US Supreme Court found
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" Four of its main points include: “No taxes could be levied without Parliament 's consent. No English subject could be imprisoned without cause--thus reinforcing the right of habeas corpus. No quartering of soldiers in citizens’ homes. No martial law may be used in peacetime.” This is similar to the English Bill of Rights (1688), which guaranteed free elections and rights for citizens accused of crime.
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The Constitution, which was written in 1787, was not fully supported by the citizens of the United States (Buescher). Citizens of the United States felt that their natural rights regarding life and property were not being upheld or protected by the United States Constitution. From a response to these complaints came the Bill of Rights. The Bill of Rights, written by James Madison in 1789, holds the first 10 amendments, or alterations, to the United States Constitution. Madison, a member of the United States House of Representatives, proposed the Bill of Rights in response to requests from states and citizens who believed that the Constitution did not protect basic human individual liberties (Bobb).
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Hello, Conrad. Overall great post. It is a positive thing that ex post facto laws exist because they balance the United States Constitution with criminal law. For instance, the Fifth Amendment of the United States Constitution protects an individual from double jeopardy. If a person could commit a crime, be punished for his or her offense, then retried, there would very little balance and trust in the law.
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The bill of attainder violates the natural rights of the accused by not giving them a speedy trial with a jury. The sixth amendment was put in place to fairlypunish the accused and to make all punishments legit. Although the bill of attainder violates the bill of rights, under Article 1 section 9 of the constitution, the bill of attainder is ban. The fifth amendment states that there shall be no double jeopardy under any circumstances. Yet,Ex post facto law states that after the fact of the crime, a law could be made to make it illegal and make a person who has already been convicted have more punishment than they initially did.
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Civil liberties are defined as “the personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.” Civil liberties incorporate specific rights such as the right to free speech, press, assembly, and petition contained in the First Amendment. The United States Constitution or more specifically the Bill of Rights is the foundation for the impartment and preservation of civil liberties in America. The Bill of Rights consists of the first ten Amendments of the United States Constitution, these Amendments guarantee an individual with basic rights and liberties that will not be infringed upon by the government.
The Leonore Annenberg Institute for Civics video titled “Key Constitutional Concepts” explores the history of the creation of the United States Constitution in addition to key concepts crucial to the document. Two central themes explored in the video include the protection of personal rights and importance of checks and balances. The video strives to explain these concepts through Supreme Court cases Gideon v. Wainwright and Youngstown v. Sawyer. To begin, the video retraces the steps leading up to the Constitutional Convention in Virginia in 1787. It opens by explaining the conflict that led to the Revolutionary War and the fragility of the new nation.
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Author's name and Qualifications The Bill of Rights is a formal document that has the first ten amendments of the U.S. Constitution; so the author of the ninth amendment was James Madison who wrote the Bill of Rights. On June 8, 1789, James Madison went to the U.S. Congress and proposed a series of changes to the new Constitution. He argued that the Constitution wouldn’t be complete unless amendments were added that would only protected an individuals' rights. One of his qualifications was that Madison had gone to preparatory school and then to college at Princeton.
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It encompassed Enlightenment principles such as equal opportunity, equal rights, and popular sovereignty, and along with that it called upon revolutionary ideals that guaranteed individual freedom, equality before the law, and representative government for a sovereign people. This document was written on August 26, 1789 and just four years later Robespierre and the Committee of Public Safety, the people who initiated the Reign of Terror to preserve the French Revolution ideals and transition France into a Republic, choose to not abide by this document (that put revolutionary ideals into practice) during the Reign of Terror. Articles 1, 4, 9, 10, and 11 are a few examples of Revolutionary ideals that were disregarded during the Reign of Terror. Article 1 states “Men are born and remain free and equal in rights,” but this is overlooked when people are being accused and then sentenced to death. Article 4 states “Liberty consists in the freedom to do everything which injures no one else...each man has no limits except those which assure to the other members of the society the enjoyment of the same rights.”
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