After the Declaration of Independence in 1787, the Federal Government turned to the creation of the Constitution in which delegates from 13 states convened to make compromises on their beliefs for the betterment of a nation. Although the Bill of Rights was initially not a part of the Constitution, the Federalists thought that it was crucial to ensure ratification of the Constitution. This ratification was one of the main reasons why the Bill of Rights needed to be added. Federalists feared a strong, central government, and created a Bill of Rights in order to prevent government abuse. Others believed that a dominating Government could prohibit rights in the future, which would not necessarily be expressed in the Bill of Rights.
Our group’s job was to propose a 28th Amendment to the constitution by making changes to article I section 8 and article II section 2 of the constitution. Article I section 8 of the constitution states that the congress has the power to declare war and raise and support armies. Article II Section 2 states that the president shall be the commander in chief of the Army and Navy of the United States. We proposed that the Congress should have the option to elect a new commander in chief in case of an emergency or if the Congress feels that the president is not doing a decent job with the situation. We also proposed that the president should have the option to withdraw from the commander in chief position if there is an emergency in the country
The 14th Amendment right to equal protection as recognized under Baker v Carr designed on the surface to ensure fair participation in the democratic process, however, it is more so a check on the majority. As Baker v Carr introduces, the 14th Amendment does not cover all types of discrimination. For example, discrimination by the means of improper districting of a state, intentional or not, is not covered by the Constitution. However, what the 14th Amendment does do effectively is put a check on the majority will through rights. The majority rules and the only way to prevent this is through rights, which dictate what people are and are not allowed to do.
The Twenty-fifth Amendment of the United States Constitution revolves around succession to the Presidency and construct procedures for filling a vacancy in the Vice President’s office, as well as responding to Presidential disabilities. It also supersedes the arguable terminology of Article II, Section 1, Clause 6 of the Constitution, which does not clearly state whether the Vice President becomes the President, or Acting President, if the President dies, resigns, is impeached, or is otherwise unable to honor the powers of the presidency. The Twenty-fifth Amendment is broken down into four sections, all pertaining to the Presidency, and what should happen if anything goes wrong. In regards to the Vice president becoming president, the only
So, the Fourteenth Amendment primarily serves as the basis for corporate personhood. Corporate personhood is controversial because a lot of natural persons feel that although corporations are indeed full of people, an entire business should not be granted personhood. As a result, the main argument against corporate personhood is that it is unfair to regard corporations as persons but not hold them responsible for all of their actions. For instance, a corporation can be prosecuted just as a natural person can, but unlike a natural person, a corporation cannot be
The 14th amendment to the US Constitution was ratified on July 9, 1868 in order to protect the civil rights of freed slaves after the civil war. With that being said, The Dred v. Scott case in 1857 held that African Americans were not U.S. citizens, even if they were free. The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. The 14th amendment states that" that all persons born or naturalized in the United States including African Americans are citizens of the country.
FEC (2010) can be distilled into three fundamental assertions: (1) corporations and unions possess free speech rights protected by the First Amendment, (2) limitations on corporate and union spending in elections infringe upon their right to free speech, and (3) independent expenditures by corporations and unions do not lead to corruption or the appearance of corruption. These arguments formed the foundation of the Court's decision and warrant careful examination to comprehend the underlying logic. The majority opinion contends that corporations and unions, as associations of individuals, enjoy the same free speech protections as individual citizens under the First Amendment. This argument rests on the interpretation that the scope of free speech should not be restricted solely to individuals but must encompass collective entities as well.
The Platt Amendment was established in 1901 which set policies intending to end the United States’ military occupation of Cuba after the Spanish-American war and it was designed to eventually grant sovereignty back to the Cuban government. It was proposed to congress by Senator Orville Platt, although it was primarily drafted by Secretary of War Elihu Root. The terms set in the Platt Amendment limited Cuba’s ability to from treaties with foreign powers that limits its own independence, make public debt with other entities to prevent other nations from having control over Cuba through debt, and it sold or leased land to the U.S. for coaling or naval stations for the United States’ own purpose. The purpose of the Plat Amendment was to prevent
The first 10 amendments to the Constitution make up the Bill of Rights which was written by James Madison. He wrote The Bill Of Rights in response of calls from several states for greater constitutional protection of individual liberties. The people who signed the declaration made a promise to protect the people from the government. The colonist wanted to keep their rights because they had a fear of a tyrannical government. People believed and were taught that The Bill Of Rights came from the desire to protect the liberties won in the American Revolution.
Far too long in this great country of ours have the big corporations taken advantage of the people at the bottom. Unfortunately, because of our laissez-faire oriented feelings this leaves millions of Americans who need to rely on government programs in order to survive. With this in mind the 28th Amendment will tackle the problem of big corporations head on with as little government intervention as possible. This Amendment will be composed of three parts initially the first two focused completely on the corporations themselves while the last part will deal with the individual so that he/
One of the most important main and lasting articles in American constitutional history is the 14th Amendment to the United States Constitution. The improvement, which was authorized in 1868 back when the Civil War and the annulling of bondage, was established to guarantee that all population rights were considered somewhat under the society and that their rights would not be defiled for one's management. The 14th Amendment has been quoted in various meaningful Supreme Court cases throughout the past, containing Obergefell v. Hodges and Brown v. Board of Education. It has existed while working to annul prejudicial societies, maintain the rights of marginalized groups, and guarantee that all have a right to endure an equal situation
When it comes to policing there is a huge struggle power struggle between individual rights and public order. You want to keep individual rights, but you also want to keep public order while keeping the public safe. It may seem hard to keep the balance between these two, but doing so is of utter importance. Here are some examples of why it can be hard to balance individual rights and public order when dealing with policing.
The citizens of America need unalienable rights to protect themselves from the government. The unalienable rights are the right to life, liberty, and the pursuit of happiness. In the document Andrew Sullivan
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.
INTRODUCTION “Religion is a matter of man’s faith and belief.” The right to freedom of religion is recognized both in international law and the Constitution of India. Throughout history, there has been a development of the right to freedom of religion and the freedom has been incorporated in international legal documents. Article 1 of The United Nations Charter, drafted in 1945, states that “(3) To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” Article 18 of the Universal Declaration of Human Rights [UDHR]