Wednesday, August 28, 2019

Constitutional Law Essay Example | Topics and Well Written Essays - 750 words

Constitutional Law - Essay Example In such a way, the power of government officials to harass and/or infringe upon what the founders saw as the â€Å"fundamental† and â€Å"innate† rights of mankind is severely restricted. Firstly, it must be understood that regardless of what type of economic situation the given country ascribes to, and even regardless of the particular political situation that may exist within its boundaries, the restriction of government from being able to stop and search an individual without any type of probable cause or warrant violates the very most basic forms of human rights and democratic ideals by which a free and open society is ultimately founded upon (Cady, 2012). Taking this example and present era, or the recent past, it can easily be determined that the fourth amendment the United States Constitution provides a level of protection of the individual, is/her papers, and personal effects, that many nations have not traditionally respected (Leong, 2012). Yet another reason w hy the fourth amendment to the United States Constitution can and should be considered as the most important is with respect to the fact that the prior amendments, and subsequent amendments for that matter, would make little if any sense if there was not a level of guaranteed protection for the personal facts, documents, and persons that were subject to search. What is meant by this is that the freedom of expression would necessarily be negated if any and all individuals that expressed an alternate view to whatever political party or power was in control at that time were summarily searched and harassed, the entire fabric an understanding of why the freedom of speech was important and should be appreciated would necessarily evaporate (Harr, 2012). Similarly, the right to own and bear arms would have little if any merit if any and all non-owners worsen merely harassed and searched by law enforcement officials at each and every juncture. The same can of course be applied with regards to the rights of African-Americans or women to vote, the same could be applied with regards to freedom of assembly and/or freedom of religion. In fact, each and every amendment the United States Constitution is predicated upon the belief that the United States government will not retaliate against a specific group of individuals for exercise of their rights (Robinson, 2004). By constraining the level and degree to which government and/or law enforcement officials can target and search specific subsets of individuals, this particular amendment provides a very broad level of freedom with respect to the fabric and foundations of the Republic. Finally, the fourth amendment is one of the few amendments to the United States Constitution that specifies a particular course of judicial action with regards to the way in which the rights and law of the United States must integrate with one another. Although it is true that the other amendments make necessary reference to the means by which law is utilized to protect these rights, the fourth amendment is unique due to the fact that it specifically delineates the means by which searches and seizures must take place in order to ascribe by the very laws that have been discussed and applied (Richardson, 2012). Although it is not the intention of this analysis to set the United States apart as the best country on Earth or seek to define it in glowing

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.