The first amendment says: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech…” (Bill of Rights). Freedom of speech is a good example of the limitations we have as US citizens because we are not permitted to use that amendment if it affects public safety. For example, we are not allowed to say that we have a bomb in an airplane when it is not true. As long as it does not provoke any other consequences in other people we can use the first amendment. The second amendment works the same way; we have the right to have a gun as long as it does not interfere with public safety,
The 14th Amendment 1868 due process clause this dictates that neither state or Government could get in the way of personal rights this is an extremely effective away to protect the civil liberties of its citizens . This is an extremely effective way at protecting the civil liberties as it is enforced by the Supreme Court there are many cases such as the New York Times vs. United States the Nixon administration sought an injunction against both the New York times and the Washington Post, in order to stop the publication if content
There are many things that are looked down upon in the United states, but aren’t necessarily illegal. One of those things being burning the American Flag. There aren’t any written laws against flag desecration, and it should stay that way. First of all, burning the flag is a means of free speech. Freedom of Speech is the political right to communicate one's opinions and ideas using one's body and property to anyone who is willing to receive them.
8. Penumbras Emanations The United States Constitution does not directly state our right to privacy, but the rights are specifically mentioned in the Bill of Rights in the First, Third, Fourth, Fifth, and Nine Amendments. Justice William O. Douglas explains that “have penumbras… that give them life and substance,” (113). Furthermore, penumbras literally means shadow, or, “zones of privacy” for which people have the freedom to make choices without the government interfering. Penumbras Emanations is important because the modern-day reading of the Constitution helps protect human rights as society changes.
The Supreme court decision included, “ Congress was deprived of all legislative power over mere opinion, but was left free to reach actions which were in violation of social duties or subversive of good order.” Ultimately, this case highlighted the power of the Supreme Court to deviate from the free exercise clause in cases of religious acts that are socially unacceptable or justifies multiple marriages ( Reynolds vs. United States). Lastly, political institutions that limit the impact of Supreme Court decisions include the fact that Constitutional Amendments can be passed at any time to overturn the decision of the Supreme court. This specific power is safeguarded under the Supremacy clause, which designates the Constitution as the “supreme law of the land,” and a doctrine that can be utilized in times of conflict in the law. Lastly, appellate jurisdiction limits Supreme Court decisions, as the Supreme court has the jurisdiction to hear cases from lower courts and change the outcomes of those decisions if
Why has the United States paid lip service to the 14th & 15th Amendments while it venerates Amendments 1-10? Amendments 1-10 are known as the Bill of Rights and guarantee individual freedoms and protections from the intrusion of the federal government. Perhaps the most important and critical amendment is the first Amendment:“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” This amendment details the freedoms the founders were seeking to give the people; for with these rights they guaranteed that we can assert our views of religion, of speech, that we can protest and change unfair practices. Three Amendments are called the Reconstruction Amendments for the period following the Civil War called Reconstruction 1865-1877. The concept was that the defeated southern states would be rehabilitated and brought back to normal standing as citizens of the united states during this reconstruction period.
The Supreme Court ended up ruling that Phelps and his protesters were cleared and covered by the first amendment right (“Snyder vs. Phelps”). The Supreme Court’s decision was wrong because they should not be protected by the first amendment, the time, place and manner of their protest was inappropriate, Fred Phelps and Westboro violates Kant’s reversibility criterion. The first reason why Supreme Court was wrong is because Fred Phelps broke the first amendment. According to dictionary.com, the first amendment to the U.S. constitution, ratified in 1791 as part of the Bill of Rights prohibits Congress from interfering with freedom of religion, speech, assembly, or petition. However United States Supreme Court has recognized that the right to speak is not equal at all times and in all
Reflections on the First Amendment HIS301 United States Constitution Reflections on the First Amendment The First Amendment; what is the significance of the three provisions the rights and responsibilities it gives the American people. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The first Amendment gives cause for many court cases with the dealing of separation of religion and state freedom of speech you would think that one case would be more than enough to cover it but form looking at the cases it maybe rather
Although it was written in 1789(“The story of the Bill of Rights”), The First Amendment has stood the test of time like a champ. This amendment gives us freedoms that we consider as basic unlike other countries, who are not as fortunate to have them. The US Constitution, Amendment 1 states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Eventually this amendment caused a lot of court cases to come about. From people protesting to others burning draft cards The Frist Amendment has been used as an excuse for almost anything although not everyone is successful with pleading it. One important case is
Opponents to gun rights claim that we live in a different time than in 1791 and it is true that guns are not owned today to repel invasion of a tyrannical government. However, one would also have to realize that many of the reasons for gun rights in 1791 are still true today, such as; facilitating a means of self-defense and repelling invasion of one’s home (Poe 199). As recently as 2008 the Supreme Court ruled in DC that it is a constitutional right for law abiding citizens not affiliated with law enforcement to possess a handgun for protection, over turning the gun ban. The United States has such a deep historical connection with guns and just as historically many people today still enjoy recreational shooting both with modern and antique