... n 1957, the Supreme Court declared that obscenity has never been constitutionally protected speech (1). In another court case cited by Hacker, the 1973 Miller vs. California case established a three-point test for judging illegal obscenity. It said that the average person, applying adult community standards, must find that the work in question: Appeals to a lewd, abnormal, or degrading interest in nudity, sex ... displayed, sold to anyone under the age of 18, or broadcast over the airwaves (2). Hacker declares that, nearly 40 million Americans are online--an estimated 4 million are under...

• Word Count: 816
• Approx Pages: 3
• Has Bibliography
• Grade Level: Undergraduate

... opinions on how much power the federal government should have, and how the Constitution should be interpreted, that caused such hostility and aggression between the two regions. Advocates for States' Rights, and advocates for a strong central government, found themselves at a standstill with each other. Each political party was unwilling to budge on their opinions, and growing more hostile and frustrated ... The Federalists in the North, wanted a strong central government and chose to take a loose interpretation of the Constitution. The opposing political party, the Democratic-Republica...

• Word Count: 693
• Approx Pages: 3
• Grade Level: Undergraduate

... development of "democratic nationalism and delegated republicanism. In a nutshell the Anti-Federalist believed that a stronger regional and local governments where far superior for the administration of laws and the safeguarding of personal liberties than a large consolidated republic. The argued that by keeping the majority of the legal ... objection against the feebleness of the representation is. that it will not possess the confidence of the people. The execution of the laws in a free government must rest on this confidence, and this must be founded on the good opinion they entertain ...

• Word Count: 1372
• Approx Pages: 5
• Grade Level: Undergraduate

... limits the control of the centralized government by allowing regional voices to be heard on the national level while they monitor and control their local interests. Since Federalism does allow for modification of the extent of control of the centralized and regional governments, it can be altered as needed to suit the needs of the general populace on the national and ... ...

• Word Count: 585
• Approx Pages: 2
• Grade Level: Undergraduate

... laws created by the majority. However, it is a profoundly undemocratic device. Supreme Court Justices are appointed for life and are thus unaccountable to the democratic process. But it is important for democracy to protect the minority from mob rule? Eugene Rostow, in his work "The Democratic Character of Judicial Review" (1952) purports, thus, that it is a defined role of the Supreme Court ... to ensure that the minority is protected from "tyranny of the minority." Therefore, it seems that the Supreme Court is the perfect venue for this case. Nevertheless, there is concern over ideolo...

• Word Count: 930
• Approx Pages: 4
• Grade Level: Undergraduate

... proposed the establishment of a national bank to manage the money collected by the newly imposed tariffs. His vision was strongly opposed by Thomson Jefferson and James Madison, setting the stage for the differences of opinion that are found in the two-party system. Hamilton, Madison and Jefferson reached a compromise that would relocate the national capitol to the Virginia border of the ... Credit that would tax alcoholic beverages. He also proposed the establishment of a national mint. He believed that these policies would encourage manufacturing which would in turn lead to economic gr...

• Word Count: 1140
• Approx Pages: 5
• Grade Level: Undergraduate

... it is male-female. We must understand that marriage itself has already been through a cycle of changes and these changes must continue until it fully transforms into an institution suitable for all people. Society must remember the 1959 Virginia Court case wherein Richard Loving, a white male, attempted to marry Mildred Jeter, an African American woman. A marriage license ... rights at the state government. On the federal level, marriage status triggers more than 1,000 benefits and protections to couples according to the Human Rights Campaign, a national organization for gay and lesbian...

• Word Count: 2287
• Approx Pages: 9
• Grade Level: Undergraduate

... tax money on less important issues. With little to no government assistance, some families are financially incapable of sending their children to school, and debt for graduating students continues to increase each year. In today's society jobs are increasingly requiring a college degree; because of the importance of a degree, ... higher salary; this is because in today's continually advancing world, companies are striving to earn profit and become the best at what they do. For that to be possible, companies need to employ the most trained and knowledgeable people. With a college educatio...

• Word Count: 1804
• Approx Pages: 7
• Grade Level: Undergraduate

... other words the Constitution does not prohibit making distinctions among people, but it does forbid unreasonable classifications of people. Lastly, the heightened (or intermediate) standard of scrutiny is a more thorough analysis than rational scrutiny but less so than strict scrutiny. The court must be persuaded that the governmental purpose, objective, or interest is "important."" The means to achieve the interest is ... ...

• Word Count: 439
• Approx Pages: 2
• Grade Level: Undergraduate

... in the Bill of Rights, all in the name of possible potential security. First, the 1st Amendment of the Bill of Rights states: "Congress shall make no law prohibiting the free exercise thereof the freedom of speech or the right of the people peaceably to assemble- However, under Section 802 of the Patriot Act, the federal crime of "domestic terrorism" is ... ...

• Word Count: 481
• Approx Pages: 2
• Grade Level: Undergraduate

... not the NSA surveillance has violated the Fourth Amendment. The NSA has many actions which relate to the Fourth Amendment. One of these actions is the NSA can collect metadata for all of telephone communications, track the numbers of both parties on a phone call, as well location, time and duration. The NSA can also access the smartphone app data or map ... effective intelligence agency "The NSA is a useful tool to protect U.S. information systems and produce foreign intelligence information. It is also one of the most important centers of foreign language analysis and research within ...

• Word Count: 775
• Approx Pages: 3
• Has Bibliography
• Grade Level: Undergraduate

... lack of citizen's rights in the Articles of the Confederation. In Article IV, all the rights that were stated include "privileges and immunities" of "free inhabitants," with the exception of "paupers, vagabonds, and fugitives." Only free inhabitants have free "ingress and regress" to other states and the right to trade. On the other hand, the Constitution was very specific of the certain rights ... by George Washington, were against slavery. However, they soon realized that slavery was a highly profitable revenue and their opinions changed accordingly. Still, the North and the South too...

• Word Count: 498
• Approx Pages: 2
• Grade Level: Undergraduate

... World War II, Japanese Americans experienced a monumental peril to their rights as American Citizens. Because they were thought to pose a threat to our national security they were placed into camps for control over any malicious outbreaks that were predicted to occur. Not only was this a complete contradiction to America's constitution, the founding law of the land, but it could be seen ... a time of crisis, we weren't able to realize what kind of atrocity we were creating. American Citizens were being held against their will and rights, in military prisons because our free-willing gove...

• Word Count: 749
• Approx Pages: 3
• Grade Level: Undergraduate

... most broadly defined and interpreted amendments. When invoked, the Tenth amendment has an interest in almost every aspect of our daily lives, including legalization of medical marijuana, abortion, gun free zones, driver's licenses, employment legislation, violence against women, and commerce. Whether the members of the U.S. Supreme Court follow the Marshall or Taney philosophy becomes very important due ... the "substantial effects" test and began considering the actual impact of an activity on interstate commerce. Requiring that intrastate activity substantially affect interstate comme...

• Word Count: 5600
• Approx Pages: 22
• Has Bibliography
• Grade Level: Undergraduate

... of whether extracurricular activities are rights or privileges However, In Schail v. Tippecanoe County School Corporation, a federal district court ruled that a drug analysis program for student athletes was justified by the school's "legitimate need to ensure drug-free athletes" (Gittins 1988). In this ruling, participation in interscholastic athletics was considered a privilege, not a "property" or "liberty" interest protected ... in close association with each other and their teachers, routine physical and medical examinations, and repeated vaccinations for various diseases, public s...

• Word Count: 1422
• Approx Pages: 6
• Grade Level: Undergraduate

... in that person becoming a slave. Due to the construction of racism, unconscious racism is a trait in today's world that has become socially acceptable to obtain. For hundreds of years, the idea of race and racism has come up in people's everyday lives. Living in a society where the idea of racism is accepted ... test to see if the African Americans knew enough about the United States in order to become a legal immigrant. These tests were often too difficult for even the common white man to pass. These tests were set into place to "weed out the unfit". The idea of these tests ... then an...

• Word Count: 762
• Approx Pages: 3
• Has Bibliography
• Grade Level: Undergraduate

... British colonies in the America's. Under British sovereign rule the states had become subjected and confined to laws laid down by the monarchy of England. It is necessary for us to provide a brief analysis of the colonies under British rule, as it was American societies reaction to the harsh nature of the imposed laws under the despotic reign of George 3rd that ... equality and justice proving it seems that constitutional framework not only serves as a political guideline but also encompasses moral and spiritual issues allowing for ethical change and growth within an increasingly divers...

• Word Count: 2722
• Approx Pages: 11
• Has Bibliography
• Grade Level: Undergraduate

... to mind when discussing the current state of affairs within our modern government. It is true that Lincoln's message was originally intended to address the division of slave and slave-free states, but these words ring no less true when applied to the division of American politics between parties of interest. The Founding Fathers knew what we know now, that humans ... men and women will set aside their pride and focus on working unitedly to restore the American government to that which the Founding Fathers had envisaged, a government that works together for the prosperity of the people w...

• Word Count: 600
• Approx Pages: 2
• Has Bibliography
• Grade Level: Undergraduate

... instigate an immediate reaction. As was seen in the case regarding Terminiello Vs Chicago that caused the Supreme Court to take stances such as Justice Holmes" statement: " Accordingly a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they ... are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of...

• Word Count: 733
• Approx Pages: 3
• Grade Level: Undergraduate

... currently have ID cards, saying infirm voters could use absentee ballots, which do not require the same level of identification, or get one of the free cards that the state - in a hollow promise - has vowed to distribute," according to an opinion article in the New York Times. The ... problem with this argument is that the alternative options being provided for those without the proper ID are still discouraging for three main reasons. Firstly, providing free state IDs will not solve the problem in many cases, because the reason why a lot of people ... to vote. According to Steinbock, ch...

• Word Count: 2997
• Approx Pages: 12
• Has Bibliography
• Grade Level: Undergraduate

... something to hide would be hurt if the exclusionary rule was eliminated. Nothing could be further from the truth,. Maybe that would stay true for a year or two, or even a decade. Eventually, however, problems would surface because a free society cannot exist where individuals have no privacy. Individuals having no privacy leads to either a violent rebellion against those in power, like our own ... . Police having absolute power to search any individual would destroy privacy in the United States, and could eventually corrode our free society until it becomes a fascist police state. Even t...

• Word Count: 611
• Approx Pages: 2
• Grade Level: Undergraduate

... same individuals, so the company officials pocketed millions of dollars in profits from the excess or kickbacks of the ultra high bills (Berger, Free and Searles 341). There were other corporate and political crimes being committed during this time in history, but this particular crime was one of ... to that political year. It should be obvious that "soft money" is a growing problem and dare I say threat to our system and idea of "free" elections in the United States. I want to briefly discuss three aspects of "soft money" in financing political campaigns, and in that discussion touch on...

• Word Count: 2580
• Approx Pages: 10
• Has Bibliography
• Grade Level: Undergraduate

... be allowed on college campuses because they would act as a deterrent to criminal behavior. And 3.8% believed that concealed weapons should not be allowed on college campuses because they would deter free speech and academic freedom. The total vote ballot count was 991. The issue of the constitutional correctness of this policy was brought up by the Attorney General Mark Shurtleff, who ... ruled the 25 year old gun ban policy unconstitutional with the 2nd amendment, nor does the policy comply with the Utah's concealed-carry law. Mr.Shurtleff mentioned that only the state legislature has ...

• Word Count: 576
• Approx Pages: 2
• Grade Level: Undergraduate

... war lies in Opportunity cost. Opportunity cost is defined as the cost of opportunity lost in pursuit of another option. This cost analysis is relevant in the case of the drug prohibition policy in that the resources use to implement the policy are limited, police and ... type of liberty we most often refer, such as our first amendment rights. Negative liberties prevent the federal government from interfering with certain rights for example freedom of speech and freedom of press. Drug Prohibition is most closely classified as a positive liberty because it forces the government to ... pro...

• Word Count: 1653
• Approx Pages: 7
• Grade Level: Undergraduate

... notifying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?" Early in 1963, an 18- year old woman was kidnapped and raped in Phoenix, Arizona. The police investigated the case, and soon found and arrested a poor, and mentally ... 5-4 majority. The Supreme Court decision detailed the principles governing police interrogation. In addition, they decided that the police have to make certain points clear for the accused before questioning and suspect. Ernesto Miranda, the defendant was a Mexican immigrant working as a truck driver. Mi...

• Word Count: 1732
• Approx Pages: 7
• Has Bibliography
• Grade Level: Undergraduate