The Fourteenth Amendment

The originally Bill of Rights protected the rights of citizens from infringement by the federal government, but made no mention of the states. The Fourteen Amendment, adopted shortly after the Civil War, protected citizenship and individual rights from infringement by state governments. Under the Fourteenth Amendment’s due process clause, the United States Supreme Court began to apply the most important rights guaranteed in the Bill of Rights against the states. This process began in the early 1900s and is known as the doctrine of selective incorporation. Duncan versus Louisiana was the landmark case in which the court incorporated the Sixth Amendment right to a jury trial against the states.

First, the Constitution guards us from tyranny by dividing powers between the central and state governments otherwise known as federalism. The Constitution expressly granted broad powers to the federal government, but not to the states. For instance, the Constitution includes the Necessary and Proper Clause, which allows Congress to make any law they deem appropriate to fulfill its duties. Instead of showing how much power that states have, the Constitution stressed what the states couldn 't do. The addition of the Bill of Rights, including the Tenth Amendment, helped to correct some of this imbalance. The Tenth Amendment reserved to the states or the people all powers either not specifically delegated to the national government or specifically denied to the states. This meant that the central and state

Citizens are protected by two constitutional amendments, under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable.

The Second Amendment is a part of the Bill of Rights, (the first 10 Amendments to the Constitution) the framework to elucidate upon the freedoms of the individual. The Bill of Rights was planned and sent to the states, and were later ratified on December 15, 1791.The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification (three-fourths of the States) on December 15, 1791.

Congress wanted to change the amendment over time but the interpretive rule did not allow it . Since then congress had and understanding of power and they had to come to a balance of power. The federal government can only control what is given to them by the constitution, and the state's only have control of whatever the constitution does not cover. Federal government has ran into issues with states trying to take control of what they can't. State governments have run into issues with federal government , like trying to regulate businesses when they are only allowed to regulate production.The purpose of the tenth amendment changed over time until it was revived in (New York V. United States) when a court did not let a state legislature handle radioactive wastes problems.

In the United States Constitution it is stated that “No single section of the constitution deals with federalism. Instead, the provisions dividing power between the states and the national government appear throughout the constitution. Most of the constitution is concerned with establishing the powers of the national government. National power is also based on the supremacy clause of article VI, which says that the constitution and laws made in accordance with it are “the supreme law of the land”. This means that when national and state laws conflict, the national laws will be followed. Article I, section 9 limits the power of the national government over individuals. The tenth amendment the constitution also limits the state powers in Article I, section10 and denies the states certain powers” (Keeping the

On a date that will be remembered forever as a step forward for our nation, July 28, 1868, the Fourteenth Amendment became part of the U.S. Constitution. The Fourteenth Amendment gave a new sense of hope and inspiration to a once oppressed people. It was conceived to be the foundation for restoring America to its great status and prosperity. The Amendment allowed “equal protection under the law”, no matter what race, religion, sex, sexual preference or social status. It was designed to protect the newly freed slaves. However, it only helped the white race.

The Fourth Amendment protects citizens from unreasonable search and seizures. (People v. Williams 20 Cal.4th 125.) A defendant may move to suppress as evidence any tangible or intangible thing obtained as a result of an unreasonable search and seizure without a warrant. (Penal Code §1538.5(a)(1)(A).) Warrantless searches and seizures are presumptively unreasonable. (Williams, supra, 20 Cal.4th 119; see also Minnesota v. Dickerson (1993) 508 U.S. 366 (stating searches and seizures conducted outside the judicial process are per se unreasonable unless subject to an established exception).) While the defendant has the initial burden of raising the warrantless search issue before the court, this burden is satisfied when the defendant asserts the absence of a warrant and makes a prima facie case in support. (Williams, supra, 20 Cal.4th 130.) Accordingly, when the prosecution seeks to introduce evidence seized during a warrantless search, they also bear the burden in showing that an exception to the warrant applies. (Mincey v. Arizona (1978) 98 S.Ct. 2408; see also People v. James (1977) 19 Cal.3d 99.) Evidence obtained as a result of an unlawful search and seizure is considered “fruit of the poisonous tree” and should be suppressed. (Wong Sun v. United States (1963) 371 U.S. 471; see also Minnesota v. Dickerson (1993) 508 U.S. 372 (stating unreasonable searches are invalid under Terry and should be suppressed).)

Imagine living in a world where everyone was considered equal. Imagine living in a world where people were considerate of others. Imagine living in a world where everyone had the same rights and privileges. The Framers took a step at achieving this world with the passage of the 14th amendment. The intent of the 14th amendment was to prevent state governments from denying African Americans in the U.S. from their citizenship. At the time Africans were unable to attain citizenship because of their skin color. The Framer’s objective in formulating the 14th amendment was to grant citizenship to everyone born in the U.S., regardless of skin color. The 14th amendment expanded the protection of civil rights to all citizens in America.

The Fourth Amendment of the Constitution was ratified in 1791 and is an important amendment in the Bill of Rights. The Fourth Amendment is “the right of the 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” (Charles Wetterer). The issue of searching and seizing first originated in Britain in the mid-1700’s where British officers had general warrants to search citizens. While this became an issue for citizens in Britain, it became apparent also in the colonies where British soldiers were searching with only general warrants. Many citizens believed it was an invasion of privacy. So after independence from Britain, and the failure of the Articles of Confederation, the Constitution was produced. George Mason, an important political figure in Virginia, had written the Virginia Declaration of Rights, and he and other delegates believed the primary purpose of the government was to protect the rights of its citizens. To further that, he believed citizens had the right to be secure from unlawful searches and seizures. Once the idea of the Bill of Rights came into play, the Fourth Amendment was also created. The Fourth Amendment actually guarantees two things: You cannot search or seize unless you have a warrant and a

The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These pamphlets however ridiculed the king and his ministers. After finding this out the king issued warrants to have the pamphleteer’s homes ransacked and stripped of all their books and papers. Even back then the pamphleteers knew that their rights

The Fourth Amendment of the United States Constitution applies to a person and their home by providing protection against unreasonable seizures and searches. While it provides protection, not every search and seizure can be deemed unreasonable unless it is classified as per the law, by determining whether there was: a) the level of intrusion of the individuals Fourth Amendment, and b) whether or not it pertains to the government’s interest, such as safety of the public.

July 9, 1868, the day the Fourteenth Amendment was ratified and establish into the Constitution. On this day, the Federal Government granted citizenship to “all persons born or naturalized in the United States.” This all changed on October 3, 1965 when Lyndon Johnson passed the Hart-Celler Immigration Bill. When this bill passed, it allowed politicians to redefine the way the Fourteenth Amendment was written. The obvious reason politicians would want to take advantage of this is for votes. If you have illegal aliens coming into the country and politicians granting them citizenship, the aliens are more than likely going to vote in favor of the politician that allowed them to accommodate with ease. This not only transformed the law and Constitution, but America itself.

In regards to human rights, the due process clauses of the Fifth and Fourteenth Amendments are often thought as being violated when civil-asset forfeiture takes place (Worrall, n.p.). The fact that owners of seized property have few means to challenge said in cases in a court of law and are considered guilty until proven innocent only make retrieval of the property that much more difficult. Because asset forfeiture is part of the Civil Justice System, there are no provided attorneys for defendants as their are in most criminal trials. This forces victims who cannot afford an attorney to have slim chances of recovering their property or having their case thrown out altogether because of the absence of a lawyer.

Protection against unreasonable search and seizures is like information on what is in our food. It is our right as Americans to have it. When the Constitution was written in 1787, only nine of the thirteen colonies signed it. Ever since 1789, the Bill of Rights- which includes the first ten amendments- have been a part of the Constitution. The citizens did not want the government to be able to enter their homes whenever they felt the need to, thus Amendment four was born.