Modern Interpretation of The First Amendment Essay

Modern Interpretation of The First Amendment The first Amendment of the United States Constitution says; â€Å"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; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.†[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States†¦show more content†¦United States, 1951) but the court has emphasized that the act of congress on the subject the Smith act does not forbid mere advocacy of abstract doctrine but only incitement to action designed to accomplish the ill egal purpose of overthrowing the government (Yates v. United States, 1957). The state is not free to license the privilege of giving speech†¦ yet it may punish for ‘fighting words’ which may lead to breaches of the peach (Chaplinsky v. New Hampshire, 1942) or the publication of obscene matter (Roth v. United States, 1957).[2] The Constitution states that a person has the right to publish or print any news or opinions that they deem worthy. Yet today some laws prohibit this freedom, by creating laws in order to protect the individual’s privacy, we are limiting ones ability to report facts. Furthermore many records previously available for the public to view are now sealed. On the opposite end of the spectrum new freedoms are being allowed. In a court case, â€Å"Justice Joseph Teresi has struck an important blow for constitutional rights and an open judicial process by allowing cameras to televise the murder trial.†[3] By allowing a camera into the courtroom people are better able to get a grasp on our judicial system in the United States. This decision also allows citizens to view first hand news in action, without any biases created by reporters. As some of our freedoms are revoked other are being ratified. These changesShow MoreRelatedFreedom Of Speech : Speech And Expression898 W ords   |  4 Pagesuttered today, it brings about much conflict and tension. The vagueness of the First Amendment is a pretty good indication of how different times were back when the Constitution and everything along with it were created. Back then, all the Founding Fathers wanted was the establish a democracy using the lessons they had learned from the tyranny of the British King. They wanted more freedom and power to the people. In the modern era, everything has changed, and our people are now separated by conflictsRead MoreConstitutional Interpretation Essay1012 Words   |  5 PagesConstitutional Interpretation In this essay I will try to explain and critique the two dominant methods of constitutional interpretation. Which are originalism and non-originalism. I will do this by taking help from â€Å"How to Read the Constitution† by Christopher Wolfe, and different source’s from Internet. I will start by giving what Wolfe says originalism is, and then I will give some background to other ways to interpret the constitution, and the founders and interpretation and I will finishRead MoreMobile Phones And The Advancements Of Modern Day1333 Words   |  6 Pagesthe advancements of modern-day technology are leading the way for a broadening perspective and interpretation of our Fourth Amendment right. Modern technology, such as cellular phones, challenge the standards of an individual s right to privacy as set forth in our Bill of Rights, Amendment No. 4. The conduct of illegal search s and or seizures became more prevalent with the introduction of the cellphone, thus demanding th e Supreme Court revisits our Fourth Amendment with a modern-day spin. TheRead MoreThe Rights Of A Free State1118 Words   |  5 PagesAmerican Lit 2 December 2014 Amendment II â€Å"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.† The Right to Bear Arms According to the Second Amendment, in the Bill of Rights, the rights of the people to keep and bear arms have been enacted since December 15th, 1791. Across the 223 years this amendment has been around, there has been an abundance of history behind the Second Amendment. Over this time periodRead MoreThe Supreme Court On The American Public School System Essay1702 Words   |  7 PagesIn this case, the Majority opinion laid out an interpretation of the Establishment Clause in the First Amendment of the Constitution for the first time in regards to how it should be applied. As such, it would set the precedence for the way that the Supreme Court would look at the First Amendment even until today. Although in this particular instance, the Supreme Court ruled in favor of religion and schools, this new definition of the First Amendment would go on to be used against religion in theRead MoreThe Rights Of The United States1635 Words   |  7 Pagesclearly specified anywhere throughout the Constitution. The right to privacy, first made apparent in the mid 1960’s, is viewed as an imperative concept by today’s standards, but would not exist had the Supreme Court failed to interpret the Constitution with an expansive mindset. Privacy is a right introduced by the Supreme Court through a broad interpretation of the Constitutional Amendments, and has been pragmatic in modern times to decide cases in which people are inclined to be free of public attentionRead MoreEssay on Gun Ownership and the Second Amendment of the Constitution1624 Words   |  7 Pagesthe Second Amendment Over the centuries, the Supreme Court has always ruled that the 2nd Amendment protects the states militias rights to bear arms, and that this protection does not extend to individuals. In fact, legal scholars consider the issue settled law. For this reason, the gun lobby does not fight for its perceived constitutional right to keep and bear arms before the Supreme Court, but in Congress. Interestingly, even interpreting an individual right in the 2nd Amendment presentsRead MoreRatification of Constitution Essay869 Words   |  4 Pagescomplied into The Federalist. Authored by John Hamilton, James Madison and John Jay during the ratification debate in New York, they tried to get public support for the Constitution. Thus began the first defense of the Constitution and its original intent; which continued on when the US Supreme Court first convened on February 2, 1790. It was not until John Marshall of Virginia became the fourth Chief Justice in 1801 that the powers and role of the Court were clearly defined. Marshall took the CourtRead MoreModern Applications Of Bill Of Rights1337 Words   |  6 Pagesstates encroachment and would be surprised to know that modern applications of Bill of Rights differ largely from the original concepts adopted in the Constitution. Framers, fearful of large centralized government, wrote the Bill of Rights as protection against federal government and not state government. The adoption of the Fourteenth Amendment, however, blurred the lines of the Bill of Rights and the states. Through a narrow interpretation of the Fourteenth Amendment’s Privileges and ImmunityRead MoreThe Case Of The United States Constitution1354 Words   |  6 Pages When relating a historical document to a contemporary situation, context is integral to proper analyzation. In the case of the United States Constitution, many political theorists share their opinion, on what they believe to be, the optimal interpretation of the document, however, only Antonin Scalia’s originalist ideology repels personal and moral views during analysis and encourages understanding the Constitution as originally intended. It is not the job of a United States judge, nor should it

Was Shakespeare a Profeminist - 641 Words

Throughout the centuries, gender roles have always existed. Women and men have been assigned certain traits based on their gender. This idea that one trait belongs to only one character is brought up in Macbeth. The gender roles in Shakespeare’s play, Macbeth, don’t necessarily stick to the common ones that stood at the time. In Macbeth, Shakespeare plays with the idea of gender roles by giving traits of the opposite gender to different characters and questions whether these roles are important or not. The most prevalent example of Shakespeare switching the gender roles is how he makes Lady Macbeth seem like the superior partner in her marriage with Macbeth. She is the courageous one who proposes the idea of murdering Duncan so that Macbeth is able to take hold of the throne. Courage and cruelty are characteristics usually associated with men, yet Macbeth is more cowardly of the two and becomes frightened when he tries to muster the courage to kill the king. Lady Macbeth acknowledges her courage when she says; â€Å"Come, you spitirs/ That tend on mortal thoughts, unsex me here/ And fill me from the crown to the toe top full/ Of direst cruelty,† (I.v. 47-50). This quote exemplifies Lady Macbeth’s desire to be brave and cruel, just like a man. Her desire to be cruel, and her cruel thoughts and actions, makes her defy the gender role and take on the assumed role of a man, especially in her relationship with Macbeth. This is a great example of how Shakespeare is questio ning the

Week Thirteen Essay Example For Students

Week Thirteen Essay TaoismIt is always present in you. You can use it anyway you want. Lao-tzuTaoism is one of the two great philosophical and religious traditionsthat originated in China. The other philosophy native to China isConfucianism. Both Taoism and Confucianism began at about the same time,around the sixth century B.C. Chinas third great religion, Buddhism, cameto China from India around the second century of the common era. Together,these three faiths have shaped Chinese life and thought for nearly twenty-five hundred years. One dominate concept in Taoism and Buddhism is thebelief in some form of reincarnation. The idea that life does not endwhen one dies is an integral part of these religions and the culture ofthe Chinese people. Although not accepted by our beliefs, itsunderstanding helps build strength in our own religion. Reincarnation,life after death, beliefs are not standardized between the religions. Each religion has a different way of applying this concept to its beliefs. Ignorance of these beliefs is a sign of weakness in the mind. To trulyunderstand ones own religion, one must also understand those concepts ofthe other religions of the world. Hopefully this will be an enlightenmenton the reincarnation concepts as they apply to Taoism and Buddhism. The goal in Taoism is to achieve tao, to find the way. Tao is theultimate reality, a presence that existed before the universe was formedand which continues to guide the world and everything in it. Tao issometimes identified as the Mother, or the source of all things. Thatsource is not a god or a supreme being as with Christians, for Taoism isnot monotheistic. The focus is not to worship one god, but instead oncoming into harmony with tao. Tao is the essence of everything that isright, and complications exist only because people choose to complicatetheir own lives. Desire, ambition, fame, and selfishness are seen ashindrances to a harmonious life. It is only when one rids himself of alldesires can tao be achieved. By shunning every earthly distraction, theTaoist is able to concentrate on life itself. The longer the ones life,the closer to tao one is presumed to have become. Eventually the hope isto become immortal, to achieve tao, to have reached the deeper life. Thisis the afterlife for a Taoist to be in harmony with the universe. To understand the relationship between life and the Taoism concept oflife and death, the origin of the word tao must be understood. TheChinese character for tao is a combination of two characters thatrepresent the words head and foot. The character for foot represents apersons direction or path. The character for head represents a consciouschoice. The character for head also suggests a beginning, and foot, anending. Thus the character for tao also conveys the continuing course ofthe universe, the circle of heaven and earth. Finally, the characterfor tao represents the Taoist notion that the eternal Tao is both movingand unmoving. The head in the character means the beginning, the sourceof all things, or Tao itself, which never moves or changes; the foot isthe movement on the path. Taoism upholds the belief in the survival of the spirit after death. Tohave attained the human form must be always a source of joy for the Taoist. It is truly a reason to rejoice because despite whatever is lost, lifealways endures. Taoists believe birth is not a beginning and death is notan end. There is an existence without limit. There is continuity withouta starting point. Applying reincarnation theory to Taoism is the beliefthat the soul never dies, a persons soul is eternal. It is possible tosee death in contrast to life; both are unreal and changing. Ones souldoes not leave the world into the unknown, for it can never go away. Therefore there is no fear to come with death. Wuthering Heights Persuasive EssayCompliance to the path does not guarantee reaching Nirvana, but it isthe only path that leads to Nirvana. Only through following this pathestablished by Buddha does a Buddhist have a chance to reachenlightenment to free oneself from the continuous rounds of birth,death and rebirth, to have reached the ultimate goal to be absorbedinto a state of Nirvana. The goal in both Taoism and Buddhism is to reach the ultimate goal, totranscend life on earth as a physical being, to achieve harmony withnature and the universe. The ultimate goal for both religions is toachieve immortality. The Taoist called this ultimate goal Tao, while theBuddhist seek Nirvana. Whatever the name, the followers of thesereligions believe there is an existence beyond life which can be achievedprovided the right path or behavior is followed. The path to Tao and Nirvana are similar, yet different. Both believethere is an inner light which guides a person in the right direction tothe ultimate goal. Personal desires must be forsaken to enable the innerlight to guide a person to achieve eternal bliss. The teachings thatdiscuss the inner light of a person are as well renowned in the Taophilosophy as that of the Buddhist. The inner light that is sought issimilar, but the actual path is the primary difference between Taoism andBuddhism. The path toward enlightenment for the Buddhist was defined byBuddha in his Eightfold Path. Only through following this path does theBuddhist reach Nirvana. The path to Tao is individual, it comes fromwithin. No one can define a path for the Taoist, it must come from within. Tao means the way, but this way is never taught. Desire, ambition, fame,and selfishness are seen as complications to the end. That idea isconsistent with Buddhist teachings; it is the personal life of eachindividual that gives Taoism its special form. Taoism and Buddhism perceive life, death and rebirth as a continuouscycle. This cycle has no beginning and no end. The soul is eternal, yetthe soul is not the object of reincarnation. Taoist believe the soul isnot reborn. Instead it migrates to another life. Buddhist also believethe soul is not reborn, but instead consciousness is the object of rebirth. One major difference between Taoism and Buddhism is the concept of karmato the Buddhist. This idea that all actions are the display of thought,the will of man, is known as karma. Karma determines the Buddhist actionsand position in life. A persons karma limits the goals which can beachieved. Karma determines where in the cycle of birth, death and rebirththe consciousness returns. This return can be in the form of an animal orhuman, and the Buddhist must progress through a hierarchy to achieveNirvana. The Taoist has no concept similar to karma, and no mention ofthe soul migrating to an animal form. The determining factor to oneslife is contained in the individual behavior for the Taoist. By forsakingpersonal desires in life, by concentrating of the self, a longer life isprolonged. Eventually, by following the inner light, immortality can beachieved. The similarities between Taoism and Buddhism in the belief of life afterdeath far outweigh the differences. Both religions believe the individualmust focus on the self to achieve the ultimate goal. To focus on oneself,all desires and personal ambitions must be forsaken. One must focus on theself and the proper way of life to reach immortality. The cycle of lifecontinues indefinitely until the Thread of Life is broken. Only throughproper living, by following the correct path guided by the inner light,can one achieve the ultimate goal of Tao or Nirvana. Word Count: 2015Words/ Pages : 1,979 / 24

S. Namuuntulga Tuesday 14.20 Essays - Perception, Nervous System

S. Namuuntulga Tuesday 14.20 The nose sense of smell and taste The nose is a organ used for breathing and smelling that is found in the center of the face above the mouth. At the end of the nose there is a pair of nostrils, these allow you to breathe in air and exhale it. At the end of the nostrils comes the nasal cavity. Going farther up, the cavities divide into 3 shelf-like bones called nasal concha e or turbinates these warm inhaled air. The outside of the nose consists of a elastic tissue called cartilage. The human nose is in fact the main organ of smell as well as taste. We can recognise thousands of different smells, and we are able to detect odours even in infinitesimal quantities. The sense of smell is very closely related to the sense of taste. Sometimes the odor makes us think what the food will taste like, if we did not have the sense of smell the sense of taste would be greatly affected, you would have the basic tastes but nothing like you have now. Smell occurs in the olfactory, this is where nerve receptors lie, then passes through to the mouth causing most of the sensation of taste. Smell-sensitivity researchers have to be very careful about the odours they use in experiments, because a smell is not always a smell. Many odorous substances activate not only the olfactory system but also the somatosensory' system -the nerve endings in our noses which are sensitive to temperature, pain etc. This is why anosmics ' - patients who have completely lost their sense of smell - can still detect menthol, phenylethyl alcoh ol and many other substances. The sense of smell triggers a fight or flight response that helps survival. Our ability to taste is another scientific feat on its own. We are able to tell great tasting food from unpalatable ones of the millions of taste cells called "gustatory cells" that are clustered within taste buds of the tongue, lining of your throat and roof of the mouth. That we're born with around 10,000 taste buds. When we chew food or drink soup, these substances combine with our saliva and release molecules that stimulate these gustatory cells. Like the nose, there are specific taste cells responsible for detecting and identifying a taste quality. Your gustatory cells send signals to your brain to interpret the taste or group of tastes that are being detected. There are five basic taste qualities: sweet, sour, salty, bitter and savory or "umami". Umami is brought by glutamate, which can be found naturally in protein-rich foods or artificially in form our monosodium glutamate, also known as " vetsin ". Taste, along with smell determines flavors of food or other sub stances. In conclusion, nose is in fact the main organ of smell as well as taste. Both senses - smell and taste are part of our body's chemosensory system, or simply referred to as the "chemical senses". This is because taste and smell both work by making sense of the chemicals surrounding us - the substances that combine to create a dish or the millions of molecules that comprise different odors. References http://www.encyclopedia.com