Sunday, August 29, 2010

The Tenth Amendment

Source

Tenth Amendment vs TV Time. August 29,2010
http://findarticles.com/p/articles/mi_qa3827/is_200409/ai_n9425432/pg_2/?tag=content;col1


Constitutional Connection

The Tenth Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


Explanation

In this articles it states how the "favorite son rule" applies in an election. Which meant the states were not going to pick someone to represent that they thought were gonna win the race but a son of a former President. This shows the Tenth Amendment that states do have some power in things, but they don't always make the right decision. One man stated that "every republican ticket except one has included a Bush, Nixon, or Dole.

I feel that as the people we should consider a bit more what we do with the little power that we have. the people shouldn't always go with the more popular candidate, but the one that will help us more in the long run. I feel that is why we are in the situation we are in now. I hope as time pogress' that us as the people will handle our power better.

The Fifth Amendment

Source
United States vs R. Richard Evans. December 12, 1996
http://www.joeizen.com/evans.htm


Constitutional Connection
The Fifth Amendment

"No person shall be held to answer for a capital, or otherwise infamous crime, unless in a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law: nor shall private property be taken for public use, without just compensation"

Explanation

This Articles reflects on the Fifth Amendment that you do not have to answer questions in court if you chose not to. Nor can you be convicted of the same crime twice which is called double jeopardy, or self incriminate yourself. This article tells about the case with R. Richard Evans vs United States. There was a conflict about the IRS & Mr. Evans had to appear in court. He was asked a series of questions. He answered some of them but refused to answer other questions, which were mainly about how much money he made, how often he got paid, etc. Mr. Evans understood that the IRS was gonna take some of his money so he didn't want to give them any information. He stated that his Fifth Amendment rights gave him the power to reject answering some questions.

I feel that the Fifth Amendment is a very logical one because not everyone has the courage to be as openly honest as some people. The Fifth Amendment right has also gotten people out of many situations. If you don't want to tell someone about you life or your past you don't have to except with some occasions. No one can Violate your Fifth Amendment right but you because no one can force you to talk. Someone can intimidate you but no one can force you physically to talk. Infidelity is another reason the Fifth Amendment right is so important. a popular phase referring to this right is when someone says "I plead the Fifth".

The Fourth Amendment

Source

Terry vs. Ohio argued December 12, 1967
http://www.answers.com/topic/terry-v-ohio

Constitutional Connection

The Fourth Amendment

"The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Explanation


This articles demostrates your Fourth Amendment right. Which basically says a police or someone of authority cannot search you out of random without a warrant. This article was about a man that was walking with his friends one day & they were suspiciously observing a store. A policeman watched closely as they paced back & forth about a dozen times before walking up the street. The policeman stopped them & searched them to find suspect Terry with a gun. He was arrested & once arrived at court said the policeman violated his Fourth Amendment Right. Which technically was true since no warrant was involved.

I feel that the Fourth Amendment should be obeyed at all times but in some cases your life & other peoples live are at danger. If someone like Terry was walking up & down my store i would want the police to come & arrest him. I feel that this Amendment only goes to the cops that wrongfully search people just because of the way they walk or the way that they dress. Who do you feel should have won the case between Terry & Ohio.

Sunday, August 22, 2010

The Second Amendment

Source

Brandy Act Checks Nix 136,000 Gun Buys in 2002
http://usgovinfo.about.com/cs/guncontrol/a/bradychecks.htm


Constitutional Connection

Second Amendment
“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.”

Explanation

In this article it explains how a background check has to be performed in order for a firearm from a licensed dealer to a purchaser. This is performed to check and make sure that they have no gun offenses or anything relating to violence with a gun. If they do they are unable to buy a gun legally. With these restrictions less people will own guns legally and the ones that due will be brought to justice hopefully.

This article shows that not every human being is allowed to bea a firearm. These are also rules to the Constitution rules. Even though the Constitution states that a person has the right to a gun dowsnt mean every person can. If the police was to arrest someone with a license to a gun they would be violating that persons rights. However, if a person is taking advantage of the right and demonstarting unsafe actions with their firearm they can be detained.

I feel that this law is helpful but not as efficent as it could be. People break the Constitutional laws all the time but this one results in the killing of many innocent people. Illegal trade of guns happen everyday but with this Amendment people who try to do it the legal way that can't most of the time will give up because they don't want to be in prison again. A world without this law would be corrupt. everybody would have a gun even psychotic people who don't understand when and when not to hurt someone. I feel this is a need Amendment that should be strengthened with the help of the government.

The First Amendment #2

Source

Russian police detain 100 during freedom-of-assembly protests. August 1,2010
http://timesofindia.indiatimes.com/world/europe/Russian-police-detain-100-during-freedom-of-assembly-protests/articleshow/6242990.cms


Constitutional Connection

     First Amendment
"Congress shall make no law abridging the freedom of speech, or the right of people peaceably to assemble, and to petition the Government"




Explanation

In this article 100's of people gathered to protest against police on Moscow Victory Square. Police arrested about a hundred people violating their right to freedom of assembly. Protesters chanted "away with state police" The head of the leading Russian human rights organization Helsinki Group, Lyudmila Alexeyeva, allowed the police to violently interfere.

This article shows how citizens know their rights & the Constitutional laws are violated. The people of Moscow understand that they have the right to disagree with the government if they don't like something that they are doing. The government has to understand that citizens have more power than they give them. The people that were arrested cannot be detained for long because they have rights.

I disagree with the police actions because the people are only addressing their opinions. The government should'nt be so quick to take actions and think some things through. If they did American might not be in the situation there in today. Freedom of Assembly is one Constitutional right that people use very wisely. They know that they are able to disagree or protest on anything the Government or anybody else has to say.

The First Amendment #1

Source

So Much For Free Speech. August 25, 2004
http://www.nytimes.com/2010/07/18/opinion/18sun1.html?_r=1&ref=freedom_of_speech_and_expression

Constitutional Connection

First Amendment
 "Congress shall make no law abridging the freedom of speech, or the right of people peaceably to assemble, and to petition the Government."

Analysis of Connection

While certain people have the right to broadcast things over the radio or the screen depending on the time & the rating. The First Amendment clearly states that a person has the right to freedom of speech. In this article it states that a person can say something at 10:00pm on broadcast television that they can't say at 9:55pm. They feel it is some things that should not be said at all on broadcast television no matter what the time is.

This article expresses the First Amendment in the U.S constitution. In the U.S Constitution the founding fathers gave every human being the right to speek freely and express their opinion. In the first amendment they also gave the right to freedom of assemble & press. It is a violation of the first amendment if someone is punished for expressing their feelings. You may not agree to something a person has said or is saying but they have the legal rights to do so.

If there wasn't an Amendment saying that an human being has the right to freedom of speech the world would be a differnt place. People would be inprisoned or even killed for some of the things they say. this article is pretty interesting. I totally agree with their ideas that no matter the time nor the day something explicit or vulgar should be said on television. Parents don't want their children to hear swear words or sexual language when their watching television late at night because they can't go to sleep.