StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

The Bill of Rights and Later Amendments - Essay Example

Comments (0) Cite this document
Summary
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. Tenth Amendment, December 15, 1791 The Tenth Amendment brings state independence against the federal government and perhaps an unlimited power to the state as represented by the people to all other powers not expressly provided to the federal government…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.1% of users find it useful
The Bill of Rights and Later Amendments
Read TextPreview

Extract of sample "The Bill of Rights and Later Amendments"

Download file to see previous pages Due to the continuing reluctance of the Southern states in abolishing slavery, the federal government had found justification in going against state’s rights us protected by the Tenth Amendment by introducing the Fourteenth Amendment and establishing further federal authority to protect human rights. (Brown v. Board of Education of Topeka, Kansas [1954]. The right to vote by each citizen is not based on federal constitutional right but based on state’s right as protected by the Tenth Amendment and further explained in the Latin maxim Expressio unius est exclusio alterius (the express mention of one thing excludes all others) that applies to the federal governments powers (Calabresi and Prakash 1994). The powers of the federal government are limited to what is provided by the Constitution and all other powers are hence given to the state, giving them more independence and local autonomy. As an old rule, the federal government cpuld not interfere with state acts and must keep its interaction in arms length, avoiding any form of violation of each state’s rights. ...
Furthermore, aside from the Equal protection clause that is also provided in the Fourteenth Amendment, the federal constitution does not guaranty political representation or right to vote. It was held in Alexander v. Daley (2000) that "The Equal Protection Clause does not protect the right of all citizens to vote, but rather the right of all qualified citizens to vote". Qualification to vote depends on state laws and so is the right to vote. The interpretation of the Tenth Amendment provides that it is the state who has the authority to provide for the voting rights of its citizens. The Constitution again has given respect to local state’s independence and autonomy. In the case of Bush v. Gore (2000), Chief Justice William Rehnquist and Associate Justice Antonin Scalia provided that "the individual citizen has no federal constitutional right to vote for electors for the President of the United States.". It is the state legislature who has vested power to choose presidential electors, the right is rooted from the Constitution that provides that “Each State shall appoint, in such manner as the Legislature therefore may direct, a number of Electors…” (Article II, § 1, cl. 2). Individual citizens participate in the Presidential elections by voting a representative of their state (elector), who in turn would vote for the nominated and pledged candidate by the given state. State election is won by plurality of votes in each state as they chose for a senator or state representative that will represent them in Congress and in the Presidential elections (Patterson 8). A candidate must obtain an absolute majority in the Electoral College that is followed by most states except Maine and Nebraska whose votes are in proportion to the popular ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Bill of Rights and Later Amendments Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Retrieved from https://studentshare.org/environmental-studies/1421935-the-bill-of-rights-and-later-amendments
(The Bill of Rights and Later Amendments Essay Example | Topics and Well Written Essays - 1250 Words)
https://studentshare.org/environmental-studies/1421935-the-bill-of-rights-and-later-amendments.
“The Bill of Rights and Later Amendments Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/environmental-studies/1421935-the-bill-of-rights-and-later-amendments.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Bill of Rights and Later Amendments

The Universality in International Human Rights

The continuous changes in the international area have created the necessity for a flexible legal framework that could achieve the above target. However, in order for such a task to be successful, there must be a specific theoretical ‘vehicle’ that could present with accuracy both the existing situation, the problems under examination and the desired result. Towards that direction, the creation of the ‘international human rights’ sector gave to the nations the chance to organize their internal legal rules and their behaviour in the global area in the basis of a specific set of principles recognized by the international community as binding and directly applied in the interior of the participated countries. I...
10 Pages(2500 words)Assignment

Issues Impacting Womens Rights in Iran

The first problem suffered by women in present-day Iran is the conditions imposed upon them by Iran’s governing body, consisting of a hierarchy of fundamentalist Islamic clerics who ensure that the country functions under a patriarchal system that keeps women covered and quiet. How is it that in the name of the Prophet Muhammad, whose first convert to Islam was his wife, Khadija, who served alongside him during a time, according to authors Lakeland and Mernissi (1991), “. . . when the Prophet could be a lover and a leader hostile to all hierarchies, when women had their place as unquestioned partners in a revolution that made the mosque an open place, the household a temple of debate (11),” Iranian Islamic cleric...
7 Pages(1750 words)Report

Freedom Summer of 1964 and Its Relationship with the Civil Rights Movement

The other organizations which participated in this Registration campaign were the Council of Federated Organization (COFO) in league with the National Association for Advancement of Colored People (NAACP), the Congress of Racial Equality (CORE), the Southern Christian Leadership Confederation (SCLC) and the Students Non-Violent Coordination Committee (SNCC). During this campaign, large groups of African American people, supported by around 1000 white volunteers, braved the rains in order to enter the Forrest Country Courthouse to register their Voting Rights. Around 30 Summer schools were also established during this Freedom Summer Campaign in various parts of Mississippi town in order to educate the black minorities, since, due t...
11 Pages(2750 words)Case Study

The Human Rights Act 1998 and Immigration Control

As stated by O’Donnell (2004): “a truly democratic rule of law ensures political rights, civil liberties, and mechanisms of accountability which in turn affirms the political equality of all citizens and constrain political abuses of state power.” (p.32)

Various laws and policies have been designed to restrict entry for a variety of reasons. The reasons may be economic, as when foreign immigrants could take jobs that should have gone to citizens of the country. It can also be for reasons of security, quite relevant in this present time, considering the surfeit of terrorist bombings brought about by religious fundamentalism.

The primary Human Rights document in the United Kingdom is the Human...
11 Pages(2750 words)Term Paper

Music Piracy and Digital Rights Management

But the flaws inherent in the DRM system, which is large as a result of the Information Technology industry’s lack of foresight and rigorous testing of the new business model, has been drawing concerns from commentators right from its inception. For example, Robin Gear, a reputed technology analyst associated with PA Consulting expressed the following words of caution at a very stage of the technology’s application:
“If you have documents going around for the boards' eyes only, you can encapsulate data in that way. You can set up lists of people who have the right to view, modify, forward, and copy, etc. One thing perimeter security does well is that it keeps outsiders from getting in and getting information...
6 Pages(1500 words)Assignment

The European Convention For the Protection of Human Rights

Although the European Court of Justice has interpreted the Convention as imposing positive obligations on member states, the text of the Convention itself belies such a claim. Moreover, the supremacy of the provisions contained in the Convention functions to compromise the predictability and consistency of national laws with the result that it places an undue burden on member states. 

The House of Lords together with the House of Commons in its Twenty-sixth Report titled, Joint Committee on Human Rights distinguishes between negative and positive obligations in the context of the European Convention on Human Rights. The joint committee offered the following explanation:

“Most of the ECHR rights are...
14 Pages(3500 words)Term Paper

Perceptions of Womens Rights

As the colonies were making their break away from England, Abigail pushed for women to break with their traditional roles in the home and gain access to the education and legal means of providing for themselves. She did this by arguing women’s current restrictions in society were limiting their ability to fulfill their God-appointed tasks of seeing to the spiritual and moral well-being of the country. Started by Abigail, this argument built through the years to eventually bring about much of the types of change Abigail had in mind. This can be traced throughout her life and as echoes of her ideas are found in future women’s activists.
During Abigail’s lifetime, only relatively few girls were taught to read....
10 Pages(2500 words)Case Study

Struggle For Civil Rights

This struggle has historically affected four ethnic groups namely, native Americans, African Americans, Chicanos and Asian Americans. In the end, it is the hope of this paper that a better understanding and a more concrete application of the US ideology of “equality for all under the law”(Bush, 2003, p 48) be attained for ethnic groups in particular and the entire humanity in general. The struggle for civil rights during the 1950s onward was a” product of the post World War II world” (Bush, 2003, p. 48). The human world was in a condition of social unrest that even the United States of America was not exempted.
The struggle for civil rights in the US is the logical consequence of the long historica...

10 Pages(2500 words)Coursework

The British Constitution vs The Human Rights Act 1998

This research essay analyses the above statement and arrives at a conclusion.
Integration of the provisions of ECHR into U.K’s domestic law by way of HRA 1998 can be regarded as revolutionary as it facilitates the majority of the ECHR rights provisions directly applicable in the U.K. Before that integration, a U.K Court has to presume that when there is a clash between U.K’s domestic law and ECHR rights provision, the ECHR rights provision will always prevail. This principle has been laid down in R v Secretary of Home Dept ex parte Brind1 and R v Secretary of Home Dept ex parte Thakrar. 2
Courts have now the power to declare any statue which they find incompatible with ECHR provisions and order for fine-tunin...
9 Pages(2250 words)Case Study

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The Bill of Rights and Later Amendments for FREE!

Contact Us