The Bill of Rights and the 14th amendment are very important aspects of our government and the way it functions. The Bill of Rights, or the first ten amendments, was ratified in 1791. The 14th amendment was ratified 77 years later, in 1868. Thesel 11 amendments were created to protect the rights of the people. Before the Constitution was ratified, the anti-federalists demanded a Bill of Rights be attached. Afraid of the government gaining too much power like Britain had before, the anti-federalists would not support the Constitution until a Bill of Rights was guaranteed. Eventually, the Founding Fathers ensured the people that a Bill of Rights would be added directly after the Constitution was ratified. James Madison wrote the list of ten amendments …show more content…
In document 1, the Bill of Rights and the 14th amendment are listed. The two most important amendments on the list are most likely the first and last. The 1st amendment ensures civil liberties. The first is “no establishment of religion” and the second is “freedom of religion”. These are two key aspects of the 1st amendment that have shaped the very foundation of the United States. The first part says that the federal government cannot establish a national religion while the second part says that you may practice or not practice any religion you want. The next part says “(freedom of) speech” which endures all speech, both pure and symbolic, are protected and cannot be taken away by the government. After that, “(freedom of) press” is stated. This says that the government may not censor anything that the press with publish or show to the people. Finally, “(freedom of) assembly and petition” is protected. This means that all people have the right to peacefully assemble whenever they’d like and may start a petition whenever they’d like. However, not all of these are without limits. There is a time, place, and a manner restriction. This means that all of the above things are protected to an extent and if the line is crossed, the right can be taken away. The 14th amendment has three key parts. The first is “incorporation of (the) Bill of Rights to the states”. This means …show more content…
As stated earlier, eminent domain is protected in the 5th amendment. Many argue that this gives the government the power to take anyone's property. While eminent domain is mostly used to build schools, roads, or hospitals, it is sometimes used to rebuild a neighborhood, expand a growing business, or to create a facility that will increase tax revenue. Since the later options are not the commonly viewed “public facilities” it is said that the protection of eminent domain restricts the rights and protection of citizens. This idea is represented in the cartoon shown in document 6 with the concept of eminent domain represented by a wrecking ball. Part of another amendment is discussed in the political cartoon in document 2. This cartoon shows one man burning a flag and another behind him burning the flag on his pants. This cartoon argues against the free speech protection in the 1st amendment. In the Texas v Johnson case, flag burning as symbolic speech was ruled as being protected by the 1st amendment. However, the man in the cartoon burning the flag on the first man’s pants would not be protected by the 1st amendment. This has caused many disputes, stating that if the first man can burn a flag then why can the second man not? These are just two points that someone who believes that the Bill of Rights and the 14th amendment do not protect the rights of
The overall issue did Justice Vinson state in this case is the concept of the 14th Amendment which stipulates the equal protection clause. Thus, the petitioner will not get his full-constitutional right in the law school for Negroes that is not fully-equipped with facilities that will help him get his law degree. In addition, limited part-time educators for Negroes is unacceptable. Whereby, admission to the Texas University of Law School will provide him the best education that white people and other race achieved. Only then, that the 14th amendment will be
The state of the New York doesn’t deprive the rights of the employers to give contracts which relate to the type of the business. However, it protects them since it gives them the capability to determine number of hours which is comfortable to an employee. Actually, this gives advantage to employers since it increases the chance for the employees to be productive. The Fourteen Amendment also protect the employer and should strictly be followed since it gives the right to determine number of hours but responsibly.
The fourteenth amendment has been and still is the most important amendment in the Constitution. It has been instrumental in improving the rights of citizens and has been used to litigate many landmark supreme court cases; it has been referred to in more court case than any other amendment. written into law on July 9, 1868, the fourteenth amendment grants citizenship to everyone born or naturalized in the United States. Furthermore, it bars states from denying any person life, liberty, or property, without due process of law or to deny to any person within its authority the equal protection of the law.
(1962) this was a landmark decision that decided that redistricting issues present justiciable questions, therefore the federal courts had to intervene and decide redistricting cases. It resulted in the defendants being unsuccessful. This case said that the law upheld by the Tennessee Constitution regarding the establishment of districts was a violation of the 14th amendment to the United States Constitution. It has to do with the equal protection clause; this clause forces every individual citizen of the United States to be treated equally and without bias with regard to their pursuit of happiness. The 14th Amendment to the United States Constitution does not allow the government to infringe on the individual person’s rights to pursue a happy
In 1787 The constitution was written in attempt to stabalize the states and create a more perfect Union. Delegates that wrote the constitution payed really close attention not to give the government too much power and protect the citizen's rights (this in the constitution is known as the Bill of Rights). The Bill of Rights are the very first Ten amendments of the constitution. In my opinion the most important amendments in the Bill of Rights are the 1st, 2nd 3rd and 14th amendment (although it isn't technically in the Bill of Rights). The 1st amendment states that congress must respect an establishment of religion and cannot prohibit someone from their freedom of speech. Without this amendment congress could punish business owners and everyday
An educated society has always been thought of as an essential need for the people of the Americas. The Land Ordinance of 1785 and the Northwest Ordinance of 1787 were enacted in the colonies pre declaration of independence from England. These were the first ordinances or acts passed that stated responsibilities of the nation for an education system. Article 1, Section 8 of the Constitution allowed Congress the power collect taxes to provide for the general welfare of the United States. It is under this "general welfare" clause that the federal government has assumed the power to start educational activity in its own right and to participate together with states, and people in educational activities.
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. Proposed following the often times bitter 1787–1788 battle over ratification of the Constitution, and crafted to address the objections raised by Anti-Federalists, the Bill of Rights amendments add certain safeguards of democracy—specific guarantees of personal freedoms and rights; clear limitations on the government's power in judicial and other proceedings; and explicit declarations that all powers not specifically delegated to Congress by the Constitution are reserved for the states or the people—to the Constitution. The concepts codified in these amendments are built upon those found in several earlier documents, including the Virginia
In 1791, a vital document for the United States of America was written. The Bill of Rights. James Madison fulfilled the Anti-Federalists wishes by adding a list of rights to the constitution in order for the document to be ratified. The Bill of Rights addresses rights and freedoms which were violated under British rule. Although all 10 amendments are important, I have analyzed each one and ranked their importance. In 1791, some amendments would seem more important than others due to the recent events from the Revolution. Each amendment is relevant in its own way but some are exercised more than others by individuals in the United States. The first amendment of the Bill of Rights is the most important amendment.
In 1791, the Bill of Rights was drafted by congress after arguments ensued over whether the Constitution would uphold the rights of the American people. James Madison proposed twelve Amendments so to limit the power of government, allowing for a more stately and locally controlled system but, only ten were ratified. The ten amendments to be ratified were created to give American citizens freedoms they did not have under British rule. However, in current society the freedoms protected in the Bill of Rights are conflicted by the federal government and the confliction are justified as being beneficial for the general public. The altered interpretations of the Bill of Rights have forsaken freedom of speech, allowed unjustified search and seizure,
The Bill of Rights is the first ten amendments that were ratified on December 15, 1791. It defines basic rights that the people of the United States have. The Bill of Rights amendments include (a) Freedom of relgion, speech, assembly, and politics; (b) Militia and the rights to bear arms; (c) Quartering of soldiers; (d) Searches and Seizures; (e) Grand juries, self-incrimination, doublejeopardy, due process, and eminent domain; (f) Criminal court procedures; (g) Trail by Jury in common law cases;(h) Bail, cruel and unusual punishment; (i) Retention of rights of the people; (j) Reserved powers of states. (Volkmer, 2011,
It is without a doubt that discrimination in this country has existed since its early stages. However, to this day after many movements and eras to try and eliminate it all together, it remains. And in this class, we seek to understand why. For these last couple of weeks, we discussed the 14th amendment and more specifically referenced its equal protection clause which vows to protect the fundamental rights of “all” citizens of the United States. Because of this state and federal governments attempt to create neutral laws that will apply fairly to all citizens in the United States. Which seems to be the best thing they can try and do nonetheless if a bill is said to be neutral, but has an unequal influence on a particular group of people problems
The Ten Amendments are part of the Constitution and are known as the Bill of Rights. They were proposed to Congress in 1789 and became a part of the Constitution on December 15, 1791. James Madison was the main author who wrote the Bill of Rights and he had a lot of support from John Adams and Thomas Jefferson. Till this day we still exercise all of the Ten Amendments and we have also expanded them.
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.
A very popular constitutional issue in America is the First Amendment. The First Amendment is meant to protect, but in today’s society it is being questioned that the argument is being overly used. The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference (Esmaili). Freedom of religion created the separation of church and state. It prohibits the government from interfering with a person's practice of their religion. The right to freedom of speech allows individuals to express themselves without government interference or regulation. The right of freedom of expression gives the right to assemble and gather for peaceful and lawful purposes. It was adopted into the Bill of Rights in 1791. The Court later interpreted the Due Process Clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. Putting this is layman’s term, you can pretty much say what you want without being penalized.
The fourteenth amendment is also known as equal protection clause. Under the fourteenth amendment, the U.S. Constitution prohibits the states from denying a person that lives in the state the equal rights of the law (LII, 2017). The fourteenth amendment applies to education, especially those that are English language learners (ELL), this means that these students cannot be denied the same rights as non-English language learners. In the Supreme Court case of Lau v Nichols in 1974, this case involved a Chinese American student that attended the San Francisco Unified School District, this student was placed into a general education classroom despite the lack of being proficient in English (Wright, 2010). The school in which this student attended was found in violation, the school was giving ELL students the same material as all other students who speak proficient English and expected the Chinese American student to be able to comprehend the information that is being taught. School districts need to provide the same material, but in a modified form where the student’s will be able to access the information to learn it in the same manner as those non-English language learners.