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Summary Individual Rights
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Summary of 2 pages for the course Politics at QUB (Individual Rights)
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"The US Constitution still effectively safeguards the rights of theindividual." Discuss (30 marks). Summary.
Paragraph Key Points Relevant Cases
Into Original 7 articles indirect protection from tyrannical
dictatorship.
o Set out the powers + limitations. N/A.
Bill of Rights -> put at ease small states (placate) who made it a
condition to have this.
Entrenched safeguard from abuse of Individual liberties + rights.
Role of the S.C. / J.R practical interpretation + enforcement.
Minority Rights - not equally protected.
Expansion of federal government thanks to the S.C. threat to state
power + individual freedom.
1st Paragraph Amendment 1 - 5 clauses mention them. McCarthy 1950 - Pro-communist
Rights upheld inconsistently. party views - treated as criminals.
First amendment - freedom of speech provision protected right Texas vs. Johnson 1989 + US vs.
to do so. Eichman - Revolutionary
Communist Youth Brigade -
burning the US flag. (S.C. upheld
their right to do so 5-4).
2nd Paragraph Amendment 1 - Freedom of Press. New York Times Co. vs. US 1971 -
Administration claimed newspaper was guilty of felony no right to embarrassing truths about
print the information - Espionage Act of 1917. Vietnam War revealed.
S.C. disagreed - 'Only a free and unrestrained press can
effectively expose deception in government.'
2006 Worldwide Press Freedom Index - 53rd/168.
Improved in 2010 - 20th.
Obama tenure - better media relationship than Bush.
Censorship of WikiLeaks - Library of Congress + Julian Assange.
Bradley Manning (military jail)+ Snowden (Russia).
Question marks over freedom of speech provisions effectiveness
in practice.
3rd Paragraph Am 1 - freedom of religion: Two key parts: 2000 - Mitchell vs. Helms -
a) Establishment clause. Computer + books to religious
b) Free exercise clause. schools as long as the same aid
Liberal S.C. + gov. -neutrality on religion neither promote or available to all qualifying schools.
hinder a faith. Salazar vs. Buono 2010 - S.C. 5-4 :
Conservative judges - leave it up to the state - blurring of this cross erected in public land in CA
separation. honour servicemen may stay -
Key point: Neither favour nor disfavour religion in providing such overturning 2 lower courts
material support. decisions.
Justice Anthony Kennedy wrote, “The goal of avoiding
governmental endorsement of religion does not require
eradication of all religious symbols in the public realm”. (S vs. B)
Best indicator of the Constitutions ability to practice religion -
Islam = fastest growing religion in the US despite the threat of
terrorist groups.
Even though there are regulations on the 1st AM - norm in
Western societies that they are in place.
4th paragraph 2nd Am- Right to bear arms. 2008 D.C. vs. Heller - S.C. ruled
Positive for IR - political freedom as gov. would fear backlash from that this protects an IR to own a
armed citizenship. Deterrent from tyranny. gun for personal use, unconnected
The second half of this amendment - people are reluctant to give with service in a militia.
up this historic right - self defence of property and person.
Negative for IR - Gun crime + loss of life - 2012 Sandy Hook +
Aurora cinema shootings.
2010 - 8775 murders + 67.5% of all deaths related to guns.
Can't change the law due to the influence of the NRA - 2/3's to
amend will be impossible.
Critics argue this amendment contributes massively to denying
thousands the right to life.
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