Constitutional Rights are afforded to every American Citizen by the first ten amendments to the Constitution or more commonly known as The Bill of Rights. The fourth amendment of The Bill of Rights applies to all and states, "the right of the people to be secure in their persons" (para.4). When a person accepts a position anywhere, whether at a small family owned grocery store or a major corporation, one does so with the understanding that some inalienable rights will be given up. This paper examines if an employer can crush those rights by using lie detector tests, monitor employee phone calls and emails; use surveillance cameras, and issue random drug-testing.
The American Civil Liberties Union states, "drug testing of individuals without cause is ineffective, expensive and, often times, illegal" (para. 1) as well as, "drug testing of individuals without cause is an affront to the Fourth Amendment" (para. 2). While the fourth amendment does state, "the right of the people to be secure in their persons," it does not imply that only the employee is to be secure in his person (para.4). At Kelsey High School, the administration has come to the conclusion that drug-testing while expensive and legal is in fact, effective. The children's safety while in the care of the school is the number one priority. Personal privacy is not being violated when a teacher is asked to take a drug test that will only ensure our youth is in safe hands.
Lie detector tests
The Employee Polygraph Protection Act of 1988 prohibits private employers to request an employee to submit to a lie detector test whether that test is, for pre-employment or during an employee's term of employment, (Barnes, Dworkin, & Richards, 1980) Kelsey High school realizes that an employee may file suit against the school if he believes that they are wrongly accused. Furthermore, unless the employee is under investigation for embezzlement or any type of economic loss which would affect the school, the school board does not have a right to request that an employee submit to a polygraph test, unless the employee had direct access to the material. In cases such as theft should an employee should have direct access to the material or materials in question then the school would have a probable cause to believe that an employee is in fact, embezzling for his personal gain. The board of directors would then have a right to request that the employee submit to a polygraph test. However, before such an action is executed the employee has a right to know in writing what he is being accused of. If in agreement, he should sign a written document in order to consent to the test. Since this is a delicate matter, in such circumstances especially if the school wrongly accuses an employee research should always be done before tacking such actions as polygraph testing. Under the constitutional right of due process The University of Nebraska Medical Center (2000) stated, "those who are found guilty should be held responsible however, fairness here is specified in terms of the process rather than the outcome" (para. 25).
Under the Fourth Amendment, the court confirmed that what a person intentionally exposes to the community, even in his own home or office is not a topic of the Fourth Amendment security, but what one seeks to protect as personal even in an area available to the public may be constitutionally protected. A person walking along a public sidewalk or standing in a public park cannot sensibly expect that his action will be protected from the public eye or from surveillance cameras by the law.
This paper will examine the grounds why surveillance cameras are needed in public schools to avoid and discourage crime including law practices. The local Kelsey High school has an open campus policy for three, twenty-five minute lunch periods. Every year, three million young...
Introduction to Public Policy/ PAD 525
Professor Dr. Timothy Smith
This report reviews and analyzes individual rights afforded by the constitution and their applicability to the suit for wrongful termination in the case of Korb versus Raytheon. The specific constitutionalrights under review are the freedom of speech, freedom of information and challenges associated with employment law. Lawrence Korb, a former Assistant Secretary of Defense and current employee of Raytheon, a large equipment manufacturing company for the U.S. military was terminated after making public statements criticizing defense spending and calling for a reduction of Navy’s fleet. Raytheon, a manufacturer of Navy ships terminated Korb because they viewed his comments as contrary to the success of their business operations. This report will explore the challenges presented by the freedom of speech, freedom of information and employment law and their impact on the outcome of the case.
Analyze and evaluate each case independently by providing the following (about two paragraphs per case):Facts of the case, Issues, Rule
In Korb V. Raytheon, the defendant (Raytheon) was a large equipment manufacturing company for the U.S. military. The Plaintiff, Lawrence Korb was employed by Raytheon as a Vice-President at corporate headquarters based in Washington, D.C. According to...
...characteristic of UK’s unwritten constitution is that the government is not completely restrained by the strict law, but in some areas it reliant on the constitutional conventions, even to dealing with substantial aspects of constitutional behavior. For example, the Queen should give the Royal assent to the Bill which has been properly passed by the Parliament. Unlike the America where have the codified constitution to rule the powers of president and his cabinet, the powers of minister in this country are broadly accounted by the ministerial responsibility convention.
Even though the Great Britain is lack of written constitution, the system is still running with its manner. Sir Jennings provided a great metaphor that convention provides the flesh which clothes the dry bones of the law, it makes the legal constitution smoothly workable and keep it in touch with the growth of ideas. It has been illustrated in many ways. Legally, the Queen could appoint whosoever she likes to be a Prime Minister. On the other hand, conventionally, the Queen must appoint as Prime Minister the person who is best able to command a majority in the House of Common. In this scene, although it possibly breaches the principle of separation power, it does work efficiently in the reality.
Regard with the suggestion by Bradley and Ewing, the constitutional convention should not be derived from either legislation passed by parliament or the precedent made by...
With the development of the society, the people’s minds have changed. During these years, people discuss a topic about abolishing constitutional monarchy. As for this question, voters choose whether to keep the King or not at parliament every day. Constitutional monarchy is a kind of political institution in which the king is regarded as head of the state, but he does not have political rights. He nominates premier and the premier manages the government. There are many countries practicing constitutional monarchy, such as Japan, Thailand and Norway. In UK, this system has been practiced for 325years.
Nowadays, a large number of people think that the constitutional monarchy should be maintained. Monarch is the unification of the country and the symbol of national unity, maintaining the solidity of the Commonwealth. Monarch is also helpful consultant who stands for the national traditions and the continuation of public life. British bourgeois believe, with the help of the influence of the traditional culture in Britain, keeping a King with a variety of political and social function but without real power. First of all, as the head of state, the King reflects the historical continuity about British political system. For most of the British voters, the presence of the King means the continuation of country and political stability. Secondly, monarch bears the...
Business Law I
November 07, 2005
Kudler Fine Foods is a gourmet establishment. The first store was opened in 1998 and was such a success that many more will be opening. This gourmet shop was created in the vision the owner was searching for: a place where gourmet foods can be purchased at an affordable price. Kudler Fine Foods employs many employees. These employees have rights that must be adhered to.
The two main issues that will be discussed is the right to privacy, as well as search and seizure. These two areas can affect the employees, owner, and the business as a whole. The goal in a business is to make money and to protect their goods. That being said, certain aspects that an employee does on a computer may be monitored. However, does this infringe upon their privacy and take away their rights? The store owner must also ensure that their goods and recipes are protected, so has the right to search and seize any goods that might be stolen by an employee with the means to sell them for profit.
The United States Constitution serves to protect the rights of the people living within the country. The Fourth Amendment to the United States of America's Constitution was set in place to protect both individuals and businesses from unnecessary search and seizure conducted by government officials. It allows us to feel safe...
...Are Constitutional Conventions Necessary
Are Constitutional Conventions Necessary To Preserve The Legal Structure Of Government? Illustrate By Example
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. The Constitution of a country comprises both written rules enforced by courts, and "unwritten" rules or principles necessary forconstitutional government. Written rules mandate that they be followed in a particular specified situation, and on the other hand unwritten rules come into play when there is no given written rule to cover the situation at hand. Constitutional conventions are said to be rules of political practice, which are regarded as binding by those to whom they apply, but they can't be called exact laws, as they are not enforced by courts or by the Houses of Parliament. Notwithstanding the fact that ours is a detailed Constitution, the Constitution-framers left certain matters to be governed by conventions, thereby giving to the holders of constitutional offices some degree of discretion in respect of such matters.
The main purpose of the Constitutional conventions is to ensure that the legal framework of the Constitution retains its flexibility to operate in tune with the prevailing constitutional values of the period. Although conventions are not...
Constitutional Monarchies is England and the Netherlands
During the During the Age of Enlightenment, from the 16th to early 19th century, Europe was in the midst of one of the largest changes of thinking in history. During this era new ideas of government and human rights swept through the continent. Philosophies and theories from John Locke, Voltaire, Thomas Hobbes, and countless others set the world stage for rule from the people. While many rulers during this age became absolute monarchies, such as France and Russia, others became constitutional monarchies and parliamentary democracies. The first and most famous examples of these constitutional monarchies were England and the Netherlands.
The Netherlands officially became a constitutional monarchy in 1806, when the Napoleonic King of Holland established the Constitutie voor het Koninkrijk Holland, a constitution for the kingdom (“Political Systems of the Netherlands”), but the process of becoming such a government was not an over-night one, and had been happening for over a hundred years. During the 1500s the Netherlands were still a part of the Spanish kingdom, and in 1559 King Philip II of Spain placed William of Orange as Stadtholder, a kind of local ruler. William later became the leader of the Dutch Revolution and subsequently, in 1581, the leader of the Independent Dutch Republic ("William of Orange 1533-1584”).
Throughout the next two...
[Polity] Article 371-J: Special Status for Hyderabad-Karnataka region (118th Constitutional Amendment Bill) « Mrunal
[Polity] Article 371-J: Special Status for Hyderabad-Karnataka region (118th Constitutional Amendment Bill)
1. 2. 3. 4. 5. What is 118th Constitutional Amendment Bill, 2012? What is Article 371? What is Article 371-J? What is Domicile requirement? Where do Domicile requirements apply?
What is 118thConstitutional Amendment Bill, 2012?
It seeks to amend Article 371 of the Constitution to insert a new article 371-J.
What is Article 371?
Falls under Part 21 of Indian Constitution (Temporary, Transitional and Special Provisions). Article 371 and its sub-articles, deal with special provisions for Assam, Nagaland, Gujarat, Maharashtra etc. Usually, they are about establishing special Development board for the particular backward regions to grant more funds, and/or reservation in local Government jobs-colleges etc. For example Article 371 (D), Telengana region has a provision of local cadres for reservation in direct recruitment and admission to educational institutions and setting up of an administrative tribunal. (Domicile requirement/ ‘sons of soil’ policy in education and employment) Has been amended many times, to include new articles, for example
What is Article 371-J?
It’ll grant special status to six backward districts of Hyderabad-Karnataka region to 1. Establish of a...