Magruder’s American Government
1st Edition
ISBN: 9780133306996
Textbook solutions
All Solutions
Section 8-6: Freedom and Security of the Person
Exercise 1
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Slavery and involuntary servitude were both legal in America until 1865 when the 13th Amendment was added to the Constitution. This amendment prohibits slavery and involuntary servitude throughout the territory of the United States, in each State.
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Slavery and forced labor affected the African American population the most. African American population continued to suffer discrimination in society even after the adoption of the 13th Amendment.
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The Supreme Court considered several cases involving racial discrimination and in which the injured parties invoked the 13th Amendment, but initially took the view that racial discrimination expressed by individuals was allowed.
As a consequence of these views of the Supreme Court, Congress withdrew certain laws certain passed under the 13th Amendment. Those laws that remained were not applied in full capacity.
As a consequence of these views of the Supreme Court, Congress withdrew certain laws certain passed under the 13th Amendment. Those laws that remained were not applied in full capacity.
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The key change of course occurred in 1968 after the Jones v. Mayer case. This case was initiated by Jones to whom the owner of the estate (Mayer) refused to sell the house because he is a member of the African American population. Jones referred to the law that was passed in 1866, which, among other things, guaranteed that citizens of all races and colors can buy property on the territory of the United States. The Supreme Court confirmed this with a verdict and with a few later ones that racial discrimination is prohibited in all areas concerning the lives of individuals.
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The **13th Amendment** became a part of the Constitution in 1865 and ended legalized slavery and involuntary servitude for good. From then on, it was considered a crime when someone is forced to work for another.
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African American people suffered the most during slavery because they made most of the slave population. Even though slavery was not legal **racial discrimination** was still an ongoing problem. The court stated that racial discrimination was allowed among private individuals against African Americans. Thus, the 13th and 14th Amendments against slavery felt like they didn’t have full power over African Americans’ racial discrimination.
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It was not until the **case Jones v. Mayer** when the Supreme Court ruled that every citizen, regardless of their race and color, has equal rights in all of the States. This included leasing, selling, inheriting, personal property, and more. Congress had the power and capability to react to matters concerning slavery and racial discrimination from then on entirely.
Exercise 2
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Although the 2nd Amendment mentions the right of people to keep and bear arms, opinions are divided on whether this applies only to members of the armed forces or also to civilians.
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The Supreme Court initially took the stand in its decisions that this right did not apply to ordinary citizens, but later revised this view.
In the case of the District of Columbia v. Heller, 2008, the court took the view that the 2nd Amendment allows to law abiding citizens to keep weapons in the house. He confirmed his position with verdicts in later cases, such as McDonald v. Chicago, 2010.
In the case of the District of Columbia v. Heller, 2008, the court took the view that the 2nd Amendment allows to law abiding citizens to keep weapons in the house. He confirmed his position with verdicts in later cases, such as McDonald v. Chicago, 2010.
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The recent Supreme Court decisions regarding the right to keep and bear arms show that individuals also have a right to bear arms.
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In the **case Heller v. District** of Columbia (2008), the Supreme Court ruled it was an **individual right under the 2nd Amendment to keep a weapon in the home for self-defense**. Nevertheless, there were outlined qualifications and conditions for selling and using handguns. Plus, this right did not include: criminals and mentally ill people, and carrying a weapon in places like schools or hospitals.
Exercise 3
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The Constitution of the United States guarantees people the security of their home, that is, that the government must not endanger anyone’s home without justified reasons. These government restrictions are specified in the 3rd and 4th amendments.
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**3rd Amendment** prohibits the placement of soldiers in private homes of people without their consent, during war and peace. In a wartime, there are some exceptions to these rules, but they are strictly defined by law.
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**4th Amendment** implies that the police cannot search people, their homes and cars when it’s looking for evidence, or arrest people without a proper warrant. The warrant must contain a reasonable suspicion that a crime has been committed – **probable cause**. The exception to the requirement for the police to have a warrant is when the evidence is obvious – “in plain view”.
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The 3rd and 4th Amendments limit the role of the government to guarantee the security of homes and individuals. Moreover, the government cannot invade or endanger someone or their home without a justified reason.
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The **3rd Amendment** does not allow the housing of soldiers without the owner’s consent. This Amendment has not been subject to the Supreme Court since 1791. It is good to have it in case of necessities because of the possible circumstances that could occur.
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The **4th Amendment** was initially created to prevent writs of assistance. It is primarily based on protecting the home and individuals by not allowing government officials to search or seize evidence or individuals without a warrant. There has to be *probable cause* – strong evidence or suspicion of a crime to obtain a warrant.
Exercise 4
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**The exclusionary rule** is a rule adopted by the Supreme Court and means that evidence collected by the police in an illegal manner cannot be used at trial.
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This rule appeared 1914 in Weeks v. United States case, in which the Court found that evidence collected illegally by federal officers could not be used before federal courts. The rule did not apply to the State Courts at that time, so the States had the opportunity to decide whether to apply the rule or not.
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Following the 1961 case, Mapp v. Ohio, this rule is incorporated into the laws of the States.
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Despite the Court’s decisions, the exclusionary rule continued to be the subject of discussion. Proponents of this rule argue that the 4th Amendment would not make sense without it, while opponents of the rule point out that it allows perpetrators to avoid appropriate punishment.
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Following these dissenting opinions, the Court continued to redefine the exclusionary rule and set some exceptions to this rule:
**1. Inevitable discovery
2. Knock-and-announce
3. Good Faith
4. Honest Mistakes**
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The **exclusionary rule** is used to protect the citizens against unreliable evidence that came from the officials’ illegal acts. The rule was adopted and is refining to offer a just level of protection to individuals accused of a crime.
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The exclusionary rule goes hand in hand with the protection from the 4th Amendment – unreasonable searches and seizures are forbidden, thus are the use of evidence from unlawful actions.
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The court has established some **exceptions to the exclusionary rule**: inevitable discovery, good faith, honest mistakes, and knock-and-announce. All of the exceptions aim to stop guilty individuals from walking away freely thanks to the exclusionary rule.
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The **primary motive** is to control the possibility of police misconduct by asking the officials to enforce but obey the law as well.
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A **counterargument** to the exclusionary rule is that the ones who are convicted and guilty might walk away free. Therefore, the court keeps refining the practice to find a good balance.
Exercise 5
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The Supreme Court has taken the stand that the Constitution guarantees people the right to privacy, although this is not explicitly stated. One aspect of the right to privacy is a woman’s right to an abortion. This issue has caused numerous divisions in society and different interpretations.
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The Supreme Court declared unconstitutional the law of the state of Texas which forbade abortion in all cases unless necessary to save the life of the mother. This was 1973 Roe v. Wade case. In the verdict, the court pointed out three important periods in which it distinguishes the state’s ability to ban abortion:
1. In the first trimester of pregnancy, the State cannot influence a woman’s decision regarding abortion
2. In the second trimester, women have the right to abortion, and the State has the right to enact reasonable regulations on the manner, place and time of abortion.
3. In the third trimester, the state has the right to prohibit abortion unless it is necessary to preserve the health or life of the mother
1. In the first trimester of pregnancy, the State cannot influence a woman’s decision regarding abortion
2. In the second trimester, women have the right to abortion, and the State has the right to enact reasonable regulations on the manner, place and time of abortion.
3. In the third trimester, the state has the right to prohibit abortion unless it is necessary to preserve the health or life of the mother
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In later cases, the court continued to define the right to abortion.
In 1989 the Court supported Missouri law that banned abortion in public hospitals and clinics in the State when the pregnancy was over the 20th week and when it was determined that the fetus could survive outside the mother’s womb. This law also contains a provision that abortion is allowed if it is necessary to save the mother’s life and her health.
In 1989 the Court supported Missouri law that banned abortion in public hospitals and clinics in the State when the pregnancy was over the 20th week and when it was determined that the fetus could survive outside the mother’s womb. This law also contains a provision that abortion is allowed if it is necessary to save the mother’s life and her health.
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1990 The Court upheld laws relating to abortion of minors, which required informing parents prior to the act.
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1992 in Planned Parenthood of Southeastern Pennsylvania v. Casey case, the Court upheld the provisions of the law under which the State may reasonably restrict the right to abortion if those restrictions do not impose an “undue burden” on the woman.
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2000 in the case of Stenberg v. Carhart, the Supreme Court overturned a Nebraska law prohibiting partial birth abortions.
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In 2007, during the Gonzalez v. Carhart case, the Court confirmed the constitutionality of the Partial Birth Abortion Ban Act passed by Congress in 2003. This act prohibited certain methods of abortion that were contrary to partial birth abortion.
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The question over cases that involve abortion primarily surrounds the **right of someone privacy.** The government allows freedom to avoid undesired intrusions of personal space, except in particular circumstances. This can be seen in the case Stanley v. Georgia (1969) with a phrase “the right to be let alone”.
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It is believed there should be a line where the government should have the right to intervene in abortion.
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In the case **Roe v. Wade**, the court ruled the government has the right to protect the unborn child in the last trimester of pregnancy. Therefore it is allowed to prohibit abortion. Except to preserve the mother’s life or during the first six months of pregnancy, the government cannot intervene.
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Furthermore, the restrictions cannot cause an **”undue burden”** on a woman’s choice for an abortion. The court also demands the woman tell their husband about the meditated act of abortion.
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