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In Our Defense

When our forefathers created the Constitution, they were not aware of the dramatic changes in the future. The first ten amendments which are also known as the Bill of Rights, are the most prominent rights given to an individual in the United States of America.

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; pr the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The clear and present idea is that the any speech which creates controversy or danger against any individual group or interest. This was seen in the 1987 case, Missouri Knights of the Ku Klux Klan vs. Kansas City. In this case the KKK (Ku Klux Klan) an anti-color regime, broadcasted its view over the Kansas City television, hate words against African American people in the country. This was marked constitutional because free speech is free speech. If it was marked unconstitutional then the words of Dr. Martin Luther King Jr., would be deemed unconstitutional. The remedy that was given to Reverend Cleaver, the opposition directed by KKK, was to organize a TV show that stated the errors


The Third Amendment, "No soldier shall, in time of peace be quartered in any house without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Third Amendment was best described by Justice Joseph in his book "Commentaries on the Constitution", "The provision speaks for itself. Its plain object is to secure the prefect enjoyment of that great tight of the common law, that a man's house shall be his own castle, privileged against all civil and military intrusions."

This amendment is also known as the "forgotten" amendment because it lies between the most controversial first and second amendments. It is rarely discusses in courts. In the lifespan of two centuries Third amendment has never been truly been interpreted. The case most closely related to this amendment was Engblom vs. Carey. In this case Engblom and Palmer, two correction officers at Mid-Orange facility were living in dorm-like apartments at the correction facility, with private accessories. When a statewide strike took place, both officers were on strike and Governor Carey issued the National Guard to take the place of the officers. This according to Engblom was a violation of the third amendment. First time since the amendment was ratified it would be taken to court, however the court gradually dismissed the case because the Correction Facility was being "housed" by the state. Thus, the third amendment was not violated. As Engblom tried to appeal, he continued with no success, and leaving the third amendment untouched.

The Fifth Amendment, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in case arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person by subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process law; nor shall private property be taken for public use, without just compensation." The right to a Grand Jury Indictment is very important for a fair case. The groups of people that make up this jury are expected to be more reasonable and understanding of situations, than a judge. Rudy Linares was able to appreciate the advantages of having a group of people understanding of his situation. His son was in such a state that he could no longer watch him suffer. He felt the child was already dead, and removing a respirator was just putting him out of his suffering. The grand jury agreed with him, and he was set free. Would a judge see the situation the same way? Linares did not believe so, and was very grateful for his right to a grand jury indictment. The trial of Zenger in 1735 often referred to as "germ of American freedom" drove the grand jury to rule against domineering prosecution. It is believed that this move revolutionized America.

The 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

They stand when the state is a time of emergency. Many times you can see the State Troopers on the streets. We see them during the flood warnings, and recently around monuments and tourist attractions, since the Terrorist threat.

This has a simple impact on the theory and practice of federalism. Federalism should not be abused by either the states or the government. They should both coincide and work to make the American people comfortable since they will be significantly impacted.

The courts will take these interpretations and seem if they have any reasonable evidence. If they are correct in any case. In my view, they have to see it through another perspective. Sometimes different, events and time makes different situations a bit complicated. The courts need to real

Some common words found in the essay are:
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Approximate Word count = 3184
Approximate Pages = 13 (250 words per page double spaced)


  

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