... "When search is grounded upon consent burden of justification of search, that is, that consent was freely and voluntarily given, falls squarely upon prosecution; question is one of mental awareness so that act of consent was consensual act of one who knew what he was doing and had reasonable appreciation of nature and significance of his actions; this is essentially a question of fact for the trial court" (U.S. ... v Elrod, 1971). The prosecution must also bear the burden of proof in cases where the defendant has challenged whether ... defendant. If the prosecution is unable to provide...

• Word Count: 1395
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• Has Bibliography

... to any test or affirmation. It had a higher object; to cut off forever every pretence of any alliance between church and state in the national government. The framers of the constitution were fully sensible of the dangers from this source, marked out in history of other ages and countries; and not wholly unknown to our own. They knew that bigotry ... or support any religious worship, place, or ministry whatsoever." While many The 1980 case of Lynch vs. Donnelly, came from Rhode Island. In this case, one city administrator included a creche, or nativity scene, in their city's annual Chri...

• Word Count: 1650
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• Has Bibliography

... , to pray? Not only that, but before school there was a bible study in the library and praise music in the cafeteria, in addition to the bi-weekly F.C.A. (Fellowship of Christian Athletes) meetings in the gym. And those are just the clubs. What about all the Christian music that our Choir and Band played at Christmas? I"m not talking about Jingle Bells; I"m talking about Silent Night and Handel ... 's Messiah, both obviously "Christian" music. The reason we are allowed to have these groups is because of the second clause: "or prohibiting ... topic all together, because someone will alway...

• Word Count: 1306
• Approx Pages: 5
• Has Bibliography
• Grade Level: High School

... ) attend mass regularly (adherents.com). In all of Europe in 1998 there were only 286,124,000 pronounced Catholics making up 39% of the population (adherents.com). In Russia in 1995 only 0.88% of the population (1,306,000 people) considered them self catholic. At Geneva in 1998 it was found that one third of all German Protestants go to church during the Christmas season, whereas only 4%-8% attend on ... a regular Sunday (adherents.com). Canada is considered linked with the United stated in many ways; we ... are just as industrialized and have very similar economic and social platform, ...

• Word Count: 1692
• Approx Pages: 7
• Grade Level: High School

The first amendment has survived more than two-hundred years, without being modified. The finite history of the first amendment proves its significance and role in America. It prohibits the establishment of a nation-wide religion, and guarantees freedom of worship, speech, press and to peaceable assembly. Without this Amendment, a religious minority could be mistreated, the government would set up a religion; protesters could be ... security interests. The term "clear and present danger" is the benchmark by which censorship values of the government as against the freedom of speech in times o...

• Word Count: 2064
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• Has Bibliography

... There were two groups, The Federalists and Anti-Federalists. The Federalists wanted the Constitution. Anti-Federalists' wanted amendments added to the Constitution. So they made the Bill of Rights. They knew that in the future we would have to add more amendments. The Constitution was made on September 17, 1787. It was ratified on June 21, 1788. This document is ... judiciary, consists of the Supreme Court and other federal courts. The Constitution has been amended 27 times since its ratification. The first 10 amendments are called the Bill of Rights. The first amendment has survived more...

• Word Count: 2212
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... and the laws in order to serve judges own considered estimate of the vital needs of contemporary society when the elected "political" branches of the Federal Government and/or the various State Governments seem to them to be failing to met these needs. The role of the High Court is to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to ... the constitutional validity of laws and to hear appeals, by Federal, State and Territory courts (High Court, date accessed 25 May 2001). This essay will show that this criticism of the cour...

• Word Count: 1578
• Approx Pages: 6
• Has Bibliography
• Grade Level: High School

... The school system provided special classes and speakers and also tried drug-sniffing canines to prevent student drug use, finally the school administrators determined students were in a state of rebellion and that disciplinary problems had achieved epidemic proportions (Roberts 191). Administrators believed the drug problem was pervasive throughout the general student population, and it ... can mandate a random drug testing program that is protected by constitutional rights. The Supreme Court has also recognized that students have a moderate expectation of privacy in the school setting....

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

... more cursing and violence. Profanity is more widely accepted today compared to the past. "The Movie Industry, prior to 1966, did not produce an abundance of films that contained profanity. After this year the profanities in movies became more acceptable and only progressed as the years went on" (Rowe 14). Movies that have become easily available for children to see often contain ... 's world, movies seem to be imitating life, or is it the other way around? The violence, profanity and sexual content in movies have its roots in the worst part of our society. In society today it seems that ...

• Word Count: 1278
• Approx Pages: 5
• Has Bibliography
• Grade Level: High School

... varsity Basketball team at his school his sophomore year. Stephen Kings first novel was rejected by publishers a jaw dropping 30 times!Last but not least, Bill Gates one of the richest most polarizing figures in America failed when he tried to launch his first company. All that aside I believe that success means different things to different people. One person who graduates college ... knew the Articles were not going to cut it. They needed a more effective more powerful government, one that could be spread out to reach all the states. The result of this realization was in the year 1786...

• Word Count: 1523
• Approx Pages: 6
• Grade Level: High School

... records and biographical sources, Beard concludes that the members of the Constitutional Convention consisted primarily of a cohesive group of economic elites who formed the foundation of America's government to benefit and protect the security of their personal property. In his book, he argues that the members of the Convention were indifferent about the future economic well being of America as long as the wealthy stayed wealthy, ... it is impractical for Beard to claim that our opinions are "emotional reactions" to our property interests. Beard uses Federalist No. 10 in order to show u...

• Word Count: 1327
• Approx Pages: 5
• Has Bibliography
• Grade Level: Undergraduate

... laws and amendments. Accounted from a letter from John Jay to George Washington, "will be led by the insecurity of property, the loss of confidence in their rulers, and the want of public faith and rectitude, to consider the charms of liberty as imaginary and delusive. A state of fluctuation and uncertainty must disgust and alarm such men, and prepare their minds for almost any change that may ... (US) wouldn't have any backup for their cause. John Jay sent instructions to the US Minister to Great Britain stating, "You will in a respectful but firm manner insist that the United States b...

• Word Count: 1623
• Approx Pages: 6
• Grade Level: Undergraduate

... how far such rights should extend still fuels the argument as to how far the courts should extend the constitution's protection of criminal rights. Reasonable Expectation of Privacy Under the Fourth Amendment of the Constitution, the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." Without probable cause or a ... Fourth Amendment and incorporate it into the Fourteenth Amendment established that evidence that was gathered illegally was not admissible in court. The Warren Court also ruled i...

• Word Count: 1330
• Approx Pages: 5
• Has Bibliography
• Grade Level: Undergraduate

... has many outside influences when deciding cases. (Greenberg and Page 440-442) The government's public policy-making is not without external opinion and pressures. First of all, the government itself is an influence. "...as Hamilton put it in The Federalist No. 78, the Court cannot force others to obey its decisions- (Woll 411) This inability to implement its decisions extracts some power ... . First George Bush was proclaimed the winner, and then the election was "too close to call." (Greenberg and Page 419) Soon after, reports of voting irregularities surfaced, then Democrats demanded h...

• Word Count: 1608
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

... (Parents Music Resource Center) feel it is their duty to clean up the music industry so as to protect today's children from becoming violent tomorrow. Megan Gilchrist in the article "Censorship in Music" states: ...A group of parents formed and organization called the Parent's Music Resource Center (PMRC). This organization does not want recordings that include topics or sexuality, violence, drug or alcohol ... instead they made up a logo that gave warning that a recording contains harsh lyrics. The RIAA brought forth this logo in 1990 and the logo stated, "Parental Advisory-Explicit Ly...

• Word Count: 1335
• Approx Pages: 5
• Has Bibliography
• Grade Level: Undergraduate

... a great step to getting the First Amendment back to its roots and true meaning. Over the years Amendments change to fit the opinions of those who are in office at the time. I don't believe that's what the authors of the Amendments intended to happen. Pornography was the way Larry Flynt chose to express himself, he was constantly being punished for his beliefs until ... right to free speech for years to come. Freedom Of Speech People in the United States of America take pride in living in a country that is known as the land of liberty. As citizens, we have certain rights as individuals. ...

• Word Count: 1279
• Approx Pages: 5
• Has Bibliography
• Grade Level: High School

... formed and the Great Compromise was agreed upon. The Great Compromise settled this matter by declaring that every state, regardless of its size and population would receive two votes in the upper house of the legislature. In the lower house, each state would have representation in accordance with its population. While this arrangement was thought to be brilliant, it was also counterproductive as it caused ... lower house. Northerners wanted slaves to be considered when deciding a state's taxes, but not for its number of representatives in the lower house. This issue was settled as a res...

• Word Count: 1362
• Approx Pages: 5
• Grade Level: High School

... , tighten the bit to a different place, file a claw, or draw a tooth, and when he is well bound up, fastened and caught in an inextricable net of laws and decrees, more or less contradicting each other, they tie him to a stake of the constitution they take a good look at him quite sure he cannot move this time. But then summons all his strengths and ... , or resignation" (Benedict 164) The author Michael Les Benedict is a professor who discusses the laws of impeachment, and challenges the conclusions of most historians regarding the legitimacy of the act. In his book he uses many sources ...

• Word Count: 1256
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• Grade Level: High School

... maybe all these are the reasons. (Schwartz 435) Finally, the opponents would not ratify it unless it had a declaration of rights. So several states met to make the rights of the people. In all 124 amendments were made by these States. The House of Representatives adopted 17 amendments The Senate reduced the amendments to twelve, which were accepted by the House and sent on ... sight. The second amendment does protect the county's freedom and protects the public too. The third amendment protects the right of civilians' privacy concerning soldiers. A soldier may not stay with a civilian d...

• Word Count: 1410
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• Has Bibliography
• Grade Level: High School

... infringed" (Strahinich 40). So basically, the right to own and use guns is a very prominent and prestigious right that society should be proud of. With the existence of militias not as prevalent as in the past, the militia portion of the amendment does not apply to today. Regarding gun control issues, many groups take the Second Amendment and use it to support their argument ... the Second Amendment must consider what it implies, and also think about new technology (134). Gottfried also states that the amendment was generated by a deep distrust in standing armies, and not just for the r...

• Word Count: 1693
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• Has Bibliography
• Grade Level: High School

... to these amendments, cannot change or interfere with these rights. Ancient Greeks and Romans created many of the basic ideas used in the Bill of Rights (Lowi & Ginsberg 1998). The United States Constitution was adopted in 1788, but a number of prominent Americans were alarmed at the omission of individual liberties in the proposed constitution.? (Early America, 2001) Both James Madison and Thomas Jefferson fought over the ... officer wrongfully searching a car, or an unexpected visit from the police wanting to search your house on grounds that you are suspected of carrying contraband. Th...

• Word Count: 1631
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• Grade Level: High School

... strong central government, without being a dictator, and that is his greatest legacy to the nation. Third of all, Washington attained political leadership because of his refusal to being about a strong central government by seizing power. He was experienced in leadership when he served in the military and he proved his ability to make decisions throughout the Revolutionary War. This was where ... his presidency he made many accomplishments. Including, he made the first presidential veto, blocking a 1792 bill to increase the number of U.S. representatives. He also prevented another war w...

• Word Count: 1451
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... had little ability to raise revenue; therefore there would be no way to pay off debts unless the states used taxes to pay of debts individually. Plus the government own large sums of money to the soldiers who fought in the war and it did not make sense to tax these soldiers and with that pay them their dues. Unable to tax without ... Great Britain (Doc. D, March 7, 1785), Jay insisted that the British remove themselves from the United States. The British still remained in the United States even after the war. This was in conflict with the Treaty of Paris. Western land claims were a long...

• Word Count: 1264
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... West Virginia court. Strauder argued to the state court that a law that limited jury service to only white male citizens denied him equal protection of the law. His argument was unsuccessful in the state court. However, he appealed his case and the Supreme Court found that colored people are singled out and denied by a statute all right to participate as jurors  is ... named Billy Taylor who had kidnapped, raped, and robbed a woman. He forced the woman to drive to a secluded area and then raped and robbed her in the backseat of the vehicle while her daughter and grandson were in the ba...

• Word Count: 1906
• Approx Pages: 8
• Has Bibliography
• Grade Level: High School

... without congress approval to declare war on drugs on July 17, 1971 (Kieffer, Par11). Kieffer assures this later led to the expense of $2.5 billion to this day fighting the war against drugs which is unconstitutional because in Article I section 8 of the constitution it gives only the congress the power to declare war, not the president (Kieffer, Par12). One issue with legalizing ... marijuana is controlling who can purchase the drug and keep it out of hands of adolescences. In David Sheffs article "Marijuana should be legalized, but" he talks about the changes in the brain of children qu...

• Word Count: 1375
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate