Preview

Pros And Cons: The First Amendment Of The Constitution

Good Essays
Open Document
Open Document
269 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Pros And Cons: The First Amendment Of The Constitution
The first amendment of the Constitution provides that "Congress shall make no law . . . prohibiting the free exercise [of religion].” Although expressed in absolute terms, this constitutional guarantee has never been interpreted as creating an absolute shield for every religiously motivated act. This does not mean all conduct bases on religious beliefs is free of governmental control; such behavior: “remains subject to regulation for the protection of society.” Prohibition of activities alleged to be based on religious tenets has been long considered constitutional if such conduct jeopardizes the public health, safety, or morals, or presents a danger to third persons.
Until 1990, in controversies adjudicated under the Free Exercise Clause,

You May Also Find These Documents Helpful

  • Good Essays

    compensate for the former states' rejection. The legislators in Tennessee were in a 48-48 tie,…

    • 284 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    This article discusses the Eighth Amendment, which states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” According to the child rape statute in Louisiana, the death penalty or life imprisonment is being administered to convicted pedophiles, as such; research on mental abnormality, and Forensic Psychology to assess the punishment. The author of this article is Brian Sellers, BA, University of North Carolina, and works in the Department of Criminal Justice. As a knowledgeable individual of the law, he explored the pros and cons whether the death penalty is appropriate for pedophiles, hence the many studies being conducted to support his point. This article will highlight…

    • 130 Words
    • 1 Page
    Satisfactory Essays
  • Best Essays

    All the turmoil because of the government’s stance to try and protect as it is supposed to do without stepping on peoples religious rights( according to the Amendment clause) leads us to believe there will be more cases like this in the future. “This is not what the founders intended, nor is it the way we usually think about the two clauses of the First Amendment” ((Shmoop Editorial Team, 2008). “We usually think of them operating in tandem to protect our religious rights. But history has suggested that in many cases, it is the tension, not the harmony, between them that best protects religious freedom” ((Shmoop Editorial Team, 2008).…

    • 2785 Words
    • 12 Pages
    Best Essays
  • Good Essays

    We can consider United States as new born nation and, United States are proud to have one of the oldest and strongest written constitutions in the world. The idea of new constitution awaken many colonial countries and political system that are running by monarchy system. Whether other countries are following the right step or not, it is undisputable that the U.S. stable Constitution’s ideologies have led people to reconsider how to organize and rebuilt their government political structures.…

    • 507 Words
    • 3 Pages
    Good Essays
  • Better Essays

    ‘Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.’…

    • 1280 Words
    • 6 Pages
    Better Essays
  • Good Essays

    The Fourteenth Amendment to the United States Constitution was ratified on July 9th, 1868. It helped grant citizenship to “all persons born or naturalized in the United States (Primary Documents in American History).” One of the reasons the amendment was made to help former slaves become citizens after the civil war. They were being denied the right to become citizens after slavery had been abolished. One of the main points in the Amendment was that states can not denounce land, freedom or life from any person or citizen in the United States without a trial. Birthright Citizenship was another major part, as it stated that any person born in the US, a US territory or a US military base or was born abroad to an American citizen who has lived at least 5 years in the US, automatically became a citizen. People who are under oath from another country cannot be in office for any position. The Fourteenth Amendment covers a diverse range of subjects, as it has been cited the most out of any…

    • 830 Words
    • 4 Pages
    Good Essays
  • Good Essays

    When our founding fathers were writing the Bill of Rights, they deemed it necessary to put into place an amendment that protected the common man. This amendment defends his right to self preservation, and helps deter a tyrannical government. In modern America, the second amendment is constantly under fire (pun intended). The liberal left seeks to take away the second amendment, whilst the conservative right seeks to strengthen it. These heated debates have sparked a lot of controversy, and arguments both for and against it. I think that the notion of repealing the second amendment is blasphemous, and that it is, in actuality, .the most important amendment, we have today because it allows citizens to protect themselves and their property, will dissuade any overstepping government or invasionary force, and it allows people to continue their varied lifestyles across the nation.…

    • 648 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The second amendment states that all citizens have the right to bear arms, the first draft of this amendment, from James Madison, Federalist Papers No. 46. James Madison states that; “ A regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger.” .He also states , “Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.” What James Madison is basically saying is that citizens should have the right…

    • 445 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In my opinion, I believe that the 4th amendment is both good and bad depending on the circumstances. Sometimes there are people who blatantly have drugs that the cops can't frisk off until they have the warrant. By the time the police get the warrant, said suspect could have already gotten rid of the drugs. However, this also works the other way. Sometimes, the police search other people that they have false evidence on. Then this innocent person gets searched and it makes the searched person look bad in the future.…

    • 564 Words
    • 3 Pages
    Good Essays
  • Good Essays

    No other amendments in the United States Constitution has caused as much controversy as the Second Amendment. The amendment states that the people of America are allowed to bare arms and maintain a well regulated militia. This has caused a lot of controversy and issues with gun control in recent years. The Second Amendment should be amended in order to have more rules, regulations, and provide a safer America for people. People in favor of guns suggest that there is a need for guns for all citizens to protect people from the government. However, violence is a large issue today with guns and weapons. The Founding Father’s were building America with a more liberal perspective that envisioned a free society where individuals protected their own property and person with minimal interference from the government. In today’s society America has built a stronger military and police force where people do not need as many weapons in their homes with such high power.…

    • 749 Words
    • 3 Pages
    Good Essays
  • Good Essays

    For years now our country has been in a heated debate on the second amendment. Some people feel that it is not safe to let citizens have and carry guns, while others agree it is their right as an american to own a gun. In America, there are approximately 270 million firearms possessed by civilians, and only 897,000 carried by police.Close to 33,000 Americans were victims of gun-related deaths in 2011 and an average of 268 citizens are shot every day. In the past decade our country has witnessed 142 mass school shootings and, in 2010 alone 19,392 people committed suicide with a gun. These frightening statistic are what I believe cuz some people to be against the second amendment.…

    • 309 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Throughout the historical aspects of the government of United States, there has been one addition to the political aspect that is considered as one of the most controversial and debated; the Second Amendment. The Second Amendment was established on December 15, 1791 with nine other to the United States’ Constitution. It was proposed by James Madison soon after the Constitution was ratified in sought of more power to the state militias. (Brooks). This Amendment also served an important factor between the Federalists and the Anti-Federalists. It was a form of compromise between the two groups as to who should have more power. The Amendment states, “ A well regulated Militia, being necessary to the security of a free State, the right of the people…

    • 796 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The United States of America is known for its freedom. The Bill of Rights had many listings of freedoms that were protected one of these was the second amendment which basically states an individual has the right to bear arms to protect themselves. When this right is taken away. The second amendment is like any other controversial topic becoming the talk of the town and no matter how you interpret it it will hurt someone’s beliefs and opinions. People believe the second amendment gives the right for anyone to bear arms no matter what the situation while others find that there are restrictions to the statement.…

    • 758 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The U.S. constitution protects against the governments interference with the citizens freedom to worship or not worship as they please by the first amendment. This Amendment guarantees the right for citizens to freely practice their religion as they choose to which may seem simple, but becomes complicated when the actions of religious groups are unaccepted by society or go against other laws. In Employment Division v. Smith 1998, the Supreme Court discarded the previous requirement for a compelling interest before governmental limitation or prohibition of religious practices. The court ruled it constitutional for state laws to interfere with religious practices as long as the law is not aimed at singling out and banning religious practices. In this case persons using the drug peyote as part of their religious rituals were prosecuted by the state of Oregon (Edwards, &Wattenberg, &Lineberry, 2008).…

    • 931 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The United States Constitution is one of the most significant documents in modern world history. Its official date of adoption was on the seventeenth of September in 1897. The Constitution itself represents the advent of democracy, justice and freedom in a once-was colony which thereafter gained its independence. It established three branches of government; the legislative branch, the judicial branch and the executive branch. Additionally, the Constitution outlined the relationship between the country’s citizens and the Federal government.…

    • 589 Words
    • 3 Pages
    Good Essays