Right to life, Liberty and Pursuit of Happiness - Essay Example

_________________________________ Day/ Time­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ ___________________________ _______________________ Essay Assignment________________________ Topic/ Title________ Right to life, Liberty and Pursuit of Happiness: Outline of the Paper. 1. Introduction. This paper highlights the various groups whose rights to life, pursuit of happiness, and liberty are breached. It describes these groups and provides a solution on how to ensure their rights are not breached. Theses Statement: In United States of America who still do not enjoy the right to liberty, life and pursuit to happiness, and they are gays and lesbians, death row convicts, and immigrants (Hispanics/ Latinos/ and African Americans). 11. Gay and Lesbians. Gays and Lesbians are discriminated upon in terms of their right to liberty and pursuit of happiness. This section looks at the defense marriage act of 1996, and how it affected the rights of the gay people. This section also looks at the efforts of the civil rights groups in protecting the interests of this vulnerable group. 111. Death Row Convicts. Death Row conflicts are denied the right to live. This section looks at the case laws that established the penalty, and the constitutional requirements. It depicts the ways of ensuring that this sentence is abolished in the member states of the Federation. IV. Hispanics/ Latinos/ African Americans These groups of people are discriminated upon in terms of employment and access to social facilities such as decent housing and education. This denies them the right to pursue happiness. It identifies the various ways of solving their problems, and ensuring that they are accepted within the society. V. Opposing View Points. It identifies the viewpoints of other researchers in relation to the groups of people whose rights to life, pursuit of happiness and liberty are breached. It identifies and explains the roles of the civil rights act of 1968, and the fair housing act in protecting the rights of these vulnerable people. VI. Counter Arguments. This section highlights my opinion concerning the observations of this group of people. VII. Conclusion. This part contains a summary of the main points addressed in the essay. Introduction The declaration of independence gives out the reasons as to why the people of North America sought independence from the British. The document was written by Thomas Jefferson, and it denotes that there are certain human rights which are not negotiable, and they include the right to liberty, pursuit of happiness, and the right to life (Jefferson and Sam, 31). The document further states that it is the duty of government to protect these rights, and failure to do so, people must overthrow the same government. In defending this assertion, the thirteen states of North America formed a constitution in 1787 that guaranteed these rights to its citizens. Despite advances in this area, there are other people in United States of America who still do not enjoy the right to liberty, life and pursuit to happiness, and they are gays and lesbians, death row convicts, and immigrants (Hispanics/ Latinos/ and African Americans). Gay and Lesbians Same sex marriages has experienced a lot of debate in United States of America, with some States enacting laws in recognition to the marriage, while others do not recognize such kind of a marriage. The American constitution under article IV, section 1, denotes that the Federal government has to respect the judicial proceedings and laws of the member states of the federation. Because of this clause, the United States Federal government recognizes various marriage practices conducted by the State governments, however in 1996, the United States Congress passed the defense of marriage act (Jefferson and Sam, 35). It gave the Federal government authority not to recognize same sex marriages, even if the marriage occurred in a State whose laws permit it. On this basis therefore, this law prevents people from enjoying their rights to liberty and pursuit to happiness. In their own opinion, marrying a person of similar gender gives them happiness, and initiating laws that regulate the behavior prevents them from pursuing such happiness. However, the United States Supreme court challenged the constitutionality of the marriage act, denoting that it violated the due process and equal protection clause of the Fourteenth amendment of the American constitution. In the American declaration of independence, Thomas denotes that King George introduced laws that were foreign and unacceptable to their constitution (Jefferson and Sam, 27). These laws were against their established laws, and they had a right to revolt against them. This statement is true and this is denoted by the existence of the various ways of resolving conflicts that emanate out of the breach of the laws operating within a state. For instance, human rights groups challenged the constitutionality of the 1996, defense of marriage act. To protect the rights of people with different sexual orientation, it is important to enact laws that recognize same sex marriages, and establish institutions which have the capability of protecting them (Neier, 29). It is also important to conduct civic education, educating the public on the rights of these people, and of the importance of accepting them the way they are. Another group of people whose rights are not guaranteed the freedom of liberty, and the rights to pursue happiness are the prisoners sentenced to death. Death Row Convicts For example, in 2011, the United States of America was the only country under the G8 alliance to execute its death row convicts. People who are against the sentence argue that it is inhumane, and it does not have the capability of preventing the commission of crimes that attract such a penalty. In fact, States that do not have the death penalty clause in their laws, have a limited number of violent criminal activities, as compared to states that have the death penalty clause in their laws (Banner, 32). In the 1972 case involving Georgia against Furman, the United States Supreme Court held that constitutes a cruel punishment, and it violates the eight amendment of the American constitution. However, in 1976, the Federal Supreme Court reinstated the use of capital punishment in America, through its ruling of Georgia against Gregg (Neier, 27). It denoted that the existence of capital punishment is not a breach of the eight amendment of the American constitution. The declaration of independence denotes that for efficiency in the administration of justice, it is important to create and establish judiciary powers. For instance, in United States of America, case laws are important sources of law, and they determine how a junior court interprets the law. The 1976 case authorized the use of death penalty, even though it breaches the constitutional right of an individual to live. However, there are some states which have dropped the death penalty clause in their laws. A good example is in 2008, when the District of Colombia abolished death penalty in their legal system. It is important for civil societies to put pressure on the remaining states that still practice death penalty to abolish the system (Neier, 28). This is by conducting education seminars to policy makers of the States, and lobbying the legislatures to introduce acts of parliament that outlaw the penalty. The Federal government should also create laws that will help in deterring violent crimes, and change the mode of punishment from death penalty, to life in prison without parole. Discrimination against races and especially discrimination against the Latinos, the Hispanics and the African Americans is another element that breaches the right of an individual to pursue happiness, and liberty. Hispanics/ Latinos/ African Americans Racial discrimination is not a modern problem in United States of America, as it started way back after the declaration of independence. People of the white race subjected African Americans to slavery, but following the enactment of the thirteenth amendment, slavery was abolished. In modern times, discrimination against races is denoted by the immigration policies of the United States of America (Banner, 42). For instance, American fears the Hispanic and the Latinos, on the notion that they challenge them on the available resources at their disposition. This has made this population to live in fear of deportation, or even inability to get a decent job, and residential place. Due to these problems facing the immigrants, they have managed to identify themselves with the Democratic Party, because they have the best ideals and philosophies that protect their rights. To solve this problem, it is important for the government to initiate laws that protect an individual from discrimination. Another method of solving this problem is for the Federal, and State governments to conduct civic education, educating its citizens on the misconceptions they have concerning the Hispanics, Latinos, and the African Americas. This will help in creating harmony and thus the pursuit of an individual’s happiness. The next solution is for the government to invest in the development of infrastructures for purposes of creating jobs, and providing social amenities. This will ease the competition for these facilities, and thus reduce discriminative policies, and tendencies amongst the citizens. Opposing View Points However there are various authors, who denote that discrimination against ones sexual orientation, unusual and inhumane punishment such as death sentence and discrimination in relation to race are not existent in United States of America. They argue that the United States Constitution protects and ensures the rights of every citizen, and this includes the right to live, liberty and pursuit of happiness. These are the guiding elements in the American declaration of independence. For instance, they denote that there are various legislations that the government has put in place to ensure that an individual is not discriminated in relation to race. Legislations such as the fair housing act, protects against discriminating a person in relation to providing him with a place of residence because of his race. The Civil rights act of 1968, establishes laws that protect an individual from discrimination, abuse of power by law enforcement officers, and his right to pursuit of happiness (Banner, 31). Counter Arguments: On this note therefore, critics argue that the American people are guaranteed of their rights, and only few incidences of breaches of these rights occur. This is partly because of indiscipline of the officers and people concerned. However, these views are not based on the reality of what is happening within the American society (Banner, 28). Every year, executions are carried out in the various States of America, and there are always street fights amongst members of various racial groups. In the school setting, it is always possible to observe that white students interact amongst themselves, and the Hispanic also amongst themselves. This is an indicator that racialism is strife in the States. Conclusion In conclusion, the citizens of the United States of America are deprived of their rights to life, pursuit of happiness and liberty in many ways. As discussed in this paper, the Federal and the State government deprive an individual of the right to live through the death sentence policy. This punishment is inhumane, and does not deter the commitment of the crime that attracts such a penalty. Racial discrimination prevents immigrants from accessing good jobs or social facilities, limiting their pursuit of happiness, and liberty. Homosexuality and Lesbianism is a controversial topic in United States of America, and it attracts mixed reactions. Some states allow same sex marriages, while others do not. This is because of the religious believes, and conservative values of a family life. On this note therefore, this paper has managed to explain these problems in detail, and thereafter giving solutions to the problem. References: Banner, Stuart. The death penalty: an American history. Cambridge, Mass.: Harvard University Press, 2002. Print. Jefferson, Thomas, and Sam Fink. The Declaration of Independence. New York: Scholastic Reference, 2002. Print. Neier, Aryeh. The international human rights movement: a history. Princeton, N.J.: Princeton University Press, 2012. Print. Read More