Article III of the 1987 Constitution of the Republic of the Philippines Bill of Rights
Article III enumerates the fundamental rights of the Filipino people. The Bill of Rights sets the limits to the government's power which proves to be not absolute. Among the rights of the people are freedoms of speech, assembly, religion, and the press. An important feature here is the suspension of the privilege of the writ of habeas corpus which have three available grounds such as invasion, insurrection and rebellion. PRINCIPLES
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. -- no person shall be deprived of life or principles and dignity without due Process of law or guidelines should be fair then all the protection of each. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. -- human rights and protection to their property and themselves against the search warrant without evidence against them except to prove that when probable cause to determine personally the judge after examination under oath or affirmation the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be taken.
...it looks like it might snow. They whisper back and forth about what they have recently learned. The local fortuneteller had just informed them of the trade in which their future husbands would be employed. But they must hurry back before someone notices their absence, or worse yet, discovers where they've been. Betty is especially worried that her father might find out what she has been up to. You see, Betty comes from a devout Puritan family and her father is a Reverend. This type of behavior would be seen as most scandalous because this is Salem, Massachusetts in 1692. Is it possible that these seemingly innocent acts taken by someone so young could escalate and end up impacting the drafting of the 6th Amendment of the United States Bill of Rights.
What Happened in Salem?
The most popular historical perspective of what occurred is that in early 1692, the Rev. Samuel Parris’s 9-year-old daughter Betty and his 12-year-old niece Abigail, “began to fall into horrid fits”. There has been debate as to whether these fits were real, or if the girls were just acting. The village doctor could not explain these bizarre “fits”, and blamed it on the supernatural. One must understand that these were Puritans, their belief system at that time gave a great deal of power to the spiritual world. If something good happen to somebody they were said to be in God's good graces. If something bad happened to somebody, it was said to be the devil's work.
...After the Constitution was written, the new born nation was immediately split into two political sides, the federalists and the anti-federalists, over the ratification. Federalists, southern planters or people that tended to hold interest in trade, advocated a strong executive. On the other hand, anti-federalists, back country people or people involved in business but not in the mercantile economy, opposed the ratification of the constitution. The two sides, after much debate, were able to come to a compromise after the Bill of Rights was included into the Constitution.
When the new Constitution was drafted, the ratification, the official approval by the people of the United States, sparked a national debate. People were shocked by the radical changes it proposed; they expected the convention to merely amend the Articles of Confederation. They were afraid of regressing back into a state under tyranny, a form of rule where a single or small group reigns with vast or absolute power. Americans had just fought for their freedom from the tyrannical rule of the king of England. All their efforts and revolutionary ideas would have gone to waste.
Supporters of the Constitution called themselves Federalists, a name referring to a balance of power between the states and the national government. They argued for a federal system as in the Constitution. James Madison claimed that the Constitution was less dangerous that it looked because the...
...The Right to Counsel
April 30, 2012
The Right to Counsel
The Constitution of the United States and the Bill of Rights grant citizens privileges that can be interpreted in different ways, the right to counsel being one of them. The right to counsel is contained in the 6th and 14th Amendments of the United States Constitution while the 5th Amendment gives way to avoidance of self-incrimination. It holds the same meaning but stated differently to account for a variety of circumstances.
The 5th Amendment
The provisions of the 5th Amendment read, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation,” ("Fifth amendment: an," n.d. para 1). To this end, offenders plead the 5th Amendment when the choice is made that answering such questions would result in self-incrimination in regards to the charges at hand....
...BILL OF RIGHTS: 1ST AMENDMENT
The Bill of Rights : it is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public.
The First Amendment (Amendment I) :
Originally, the First Amendment applied only to laws enacted by the Congress. However, starting with Gitlow v. New York, the Supreme Court has applied the First Amendment to each state. This was done through the Due Process Clause of the Fourteenth Amendment, by what is called the Incorporation Doctrine. The Court has also recognized a series of exceptions to provisions protecting the freedom of speech.
Text: “ 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.”
* Establishment of religion
* Free exercise of religion
* Freedom of speech : speech critical to the government, political speech ( anonymous speech, campaign finance, flag desecration, free speech zones), commercial speech, school speech, obscenity, memoirs of convicted criminals,...
...shall be deprived of its equal suffrage in the senate.”
* What problems with the original document motivated the adoption of the Bill of Rights?
* When the constitution was first written, many states feared they were creating a central government that was too strong. In order to quiet some of these fears, a Bill of Rights were included. If the three words that begin the preamble to the constitution, “We the People…” were to be taken seriously, then the rights of the people had to be protected. The Bill of Rights, adopted in 1791 is the first ten amendments to the constitution, and its purpose is to protect certain rights, and privileges of the people, which were not specifically written in the constitution. For example, freedom of press and speech which were so important to the revolution were not included in the constituting but were included in the Bill of Rights. The 9th and 10th amendments were also big ones which said just because of right were not specifically given doesn’t mean it doesn’t exist.
* During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the...
...The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. Proposed to assuage the fears of Anti-Federalists who had opposed Constitutional ratification, these amendments guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public. While originally the amendments applied only to the federal government, most of their provisions have since been applied to the states by way of the Fourteenth Amendment, a process known as incorporation.
The amendments were introduced by James Madison to the 1st United States Congress as a series of legislative articles. They were adopted by the House of Representatives on August 21, 1789, formally proposed by joint resolution of Congress on September 25, 1789, and came into effect as Constitutional Amendments on December 15, 1791, through the process of ratification by three-fourths of the states. While twelve amendments were proposed by Congress, only ten were originally ratified by the states. Of the remaining two, one was adopted 203 years later as the Twenty-seventh Amendment, and the other technically remains pending before the states.
The Bill of Rights had little judicial impact for the first 150 years of its existence, but was the basis for many Supreme Court decisions of the 20th and 21st centuries. One of the first fourteen copies of...
...BILL OF RIGHTSBill of Rights
Dr. Ron Wallace
June 04, 2013
Throughout United States history, there have been many changes to the laws society lives by today. There is a process to which laws are made and each amendment undergoes that specific process. Once that process is completed, the end result is what is now known as the United States Constitution. Inside that Constitution is the Bill of Rights which is used as a symbol to mold the rights and privileges of the United States citizens. This paper aims to explore each of the Bill of Rights Amendments with special emphasis on those Amendments related to due process protections and criminal procedures and examine the public’s general understanding of these protections based off the results of a 10 question survey given to selected participants about the Bill of Rights (See Appendix A).
The 1st amendment protects your right to believe and practice whatever religious principles you choose and your right to say what you believe, even if it is unpopular or against the will of elected officials. This amendment protects individuals against unlawful allegations and becomes a shield protecting the freedom of press and the freedom of speech. The most noticeable case that protects the previous...
...Mendonca Anthropology 4Writing Assignment #109/09/14
Universal Declaration of Human Rights Versus United States Constitution
Human rights are inalienable which means “unable to be taken away from or given away by the possessor:” freedom of religion, is the most inalienable of all human rights. There are two documents in the United States that could not have been more beautifully written. The first document, The Declaration of Independence, which is a Declaration of War. The second being the Bill of Rights, ratified on the 15th day of December 1791. This paved the way for the great American experiment to take place.
There have been many debates claiming that the Bill of Rights is outdated and needs to be replaced. This could be because it is so well framed that it is almost bulletproof. Failure to cherish these rights has shown us through the history of other countries that this can be disastrous and devastating. An example of history tells of the Jews giving into the Nazi’s and allowing universal gun registries as the Jew’s were convinced that there would be no confiscation but Registration has always led to confiscation. Examples of this include Britain, Australia, Germany, and many more.
Written documents pertaining to self-preservation predate the Bill of Rights thousands of years. The Jewish Talmud states; “If someone comes to...