Term Paper: Individual Rights for a Nation

Pages: 10 (3112 words)  ·  Bibliography Sources: 8  ·  Level: Master's  ·  Topic: Business - Law  ·  Buy This Paper

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[. . .] According to The Chronicle of Higher Education (2005), "Whether it's a Summers, a Churchill, or a worker cleaning a toilet, everyone should have the right to express any and all opinions. The freedoms of thought and speech should be protected universally, for all people. If we make the rights of free speech and thought dependent on context, and give an administrative body the power to judge in which context the right applies, we're ultimately handing over more power to the state." (The Chronicle of Higher Education, 2005)

Freedom of Religion

Freedom of Religion has played a critical role throughout human history. Since the days of Assed, religion has forced humans to migrate to new lands to escape religious persecution and to freely practice their own religion or to follow their own religious philosophy. According to Junning (2010), "Freedom of religion is the weather vane for freedom of politics. In the modern world, a place without freedom of religion cannot have freedom of politics. Without freedom of religion and belief (conscience), there will be no freedom of speech and publication. With freedom of religion, there will certainly be freedom of assembly and association. Freedom of religion is often protected prior to other freedoms such as freedom of speech, press, assembly, and petition. For example, the First Amendment of the U.S. Constitution places freedom of religion above all other freedoms." (Junning, 2010)

Freedom of Religion is a function of Freedom of Speech however Freedom of Religion will come at the cost of Freedom of Speech as such freedom of worship has preceded the inalienable right to Freedom of Speech. The notion of defending one's GOD and establishing the right to worship one's deity or deities is tantamount to defending the Freedom of Speech.

The Island of Tagg is a society that has not experienced a bloody history of religious persecution. Each tribe is its own unit and religious persecution on the island is not an issue. Freedom of Religion is inherently provided to the population of Tagg through the establishment of their culture and heritage. Although it may appear that one is indoctrinated into the belief system, one is free to worship as they please. The church of the Island of Tagg and the Elders of Tagg hold true the belief that Man and his GOD share a profound relationship that no other can intervene.

Right to Bear Arms

The Right to Bear Arms is a fundamental and inalienable right to self-defense against a volatile opponent or dangerous enemy. The right to bear arms is the means to which a society is able to enforce and prevent opposing societies from prevailing militarily and instilling their own religious beliefs onto the surviving and quite possibly enslaved population.

According to Snyder (1997), "The right to own firearms, and the ability to exercise the right to self-defense which gun ownership provides law-abiding citizens, is at least as beneficial to society as is the private ownership of motor vehicles. Maybe even more so. To my knowledge, it has not yet been demonstrated that auto ownership stops crime, but we have demonstrated that private gun ownership stops crimes millions of times each year in the United States." (Snyder, 1997)

According to Waldmeir (2008), "The U.S. Supreme Court appears ready to rule that Americans have a constitutional right to keep a gun in their home for self-defense, a ruling that could help Republicans in the upcoming presidential election. At issue in the case is the constitution's second amendment, which includes ambiguous language about gun rights. It says "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." (Waldmeir, 2007)

The right to bear arms is fundamental to the protection of the freedom of religion. Whether the right to bear arms is prevalent in contemporary Tagg civilization is not a matter of question. The right to bear arms is not a mandate TO bear arms. The right remains the right to bear arms to defend one's other inalienable rights should an outside force threaten to usurp one's inalienable right.

Unreasonable Search & Seizures

According to Schultz (2005), "The Patriot Act is not the first law to threaten individual privacy and personal security. Efforts to restrain illegal government searches are the subject of this brief and lively book written by former Senate Watergate chief counsel, the late Sam Dash. (Schultz, 2005) Unreasonable search and seizures are a classic violation of life, liberty, and the pursuit of happiness. Such actions from the state against its citizens are an unprovoked attack that seeks to determine whether there is an underground revenue base operating under the nose of the government. The government is a revenue source that seeks to increase revenue from tax." (Schultz, 2005)

According to York (2003), "The Fourth Amendment prohibits "unreasonable searches and seizures, and an investigative traffic stop is a seizure within the meaning of the Fourth Amendment. The United States Supreme Court has expressed a preference that people conduct searches and seizures pursuant to a warrant. Circumstances exist, however, in which police may conduct warrantless searches and seizures." (York, 2003)

Unreasonable searches and seizures are inherently forbidden by law unless there is justifiable cause to detain and search a home or a vehicle on the premise of illegal activity. In all other cases, it is mandatory for law enforcement to obtain a search warrant to legally search the property of a private citizen.

According to Collins (1984), "Justice White, author of the majority opinion, began by stating the governing principle that had been consistently followed n fourth amendment cases, a search of private property without proper consent is unreasonable unless it has been authorized by a valid search warrant. The rationale for this principle was said to be that a judge, not an agent of the government, should decide when an individual's right to privacy gives way to the government's right to search." (Collins, 1984)

According to Herman (2006), "Herman (law, Brooklyn Law School) analyzes the Sixth Amendment and why it is still in the process of intense and conflicting interpretation 215 years after its ratification. Unlike other Amendments, the Sixth contains conjoined rights in describing both a speedy and a public trial. She begins with the right to a public trial, describing the history of the concept and analyzing the development of the right state of the law today with attention to national security and military commissions, then describes the history of the right to speedy trial and analyzes it through Supreme Court cases, the statutes and rules, and the state of the law today." (Herman, 2006)

The right to a speedy and public trial by an impartial jury of your peers on the Island of Tagg provides the right of the accused to clear their name in a speedy process whilst providing the plaintiff a fast remedy to the offense should the accused be in violation of the law. The process of obtaining a speedy and public trial is often just that, a long process that actually does not yield a speedy trial by an impartial jury of your peers, quite often, the jury is partial unless the defense team thoroughly analyzes the jury and chooses not to adjourn the current jury and call for a new jury.

References

Borgwardt, E. (2008). FDR's four freedoms as a human rights instrument. Magazine of History, 22(2), 8-8-13. Retrieved from http://search.proquest.com/docview/213731260?accountid=13044

Carr, C.L. (2002). Political theory: Natural law modernized. The American Political Science Review, 96(4), 799-799. Retrieved from http://search.proquest.com/docview/214414376?accountid=13044

Collins, J.W., & Hurd, S.N. (1984). Warrantless administrative searches: It's time to be frank again. American Business Law Journal (Pre-1986), 22(2), 189-189. Retrieved fromhttp://search.proquest.com/docview/215619260?accountid=13044

Junning, L. (2010). Freedom of religion: The primary human right: The world does not belong to caesar. Chinese Law & Religion Monitor, 6(2), 41-41-46. Retrieved from http://search.proquest.com/docview/866752017?accountid=13044

Legal theory; legal positivism and conceptual analysis; proceedings; v.1. (2008). Reference and Research Book News, 23(1), n/a. Retrieved from http://search.proquest.com/docview/199726394?accountid=13044

Priel, D. (2006). Trouble for legal positivism. Legal Theory, 12(3), 225-225-263. Retrieved fromhttp://search.proquest.com/docview/218360498?accountid=13044

Riley, P. (1991, Jul 22). COLUMN RIGHT / PATRICK RILEY thomas' nod to natural law is no crime the founders cited 'the laws of nature and of nature's god'; modern justice has gone astray. Los Angeles Times (Pre-1997 Fulltext), pp. 5-5. Retrieved from http://search.proquest.com/docview/281458372?accountid=13044

Schultz, D. (2005). The intruders: Unreasonable searches and seizures from king john to john ashcroft. Choice,42(5), 934-934. Retrieved from http://search.proquest.com/docview/225795680?accountid=13044

Snyder, J.M. (1997). The integrity of the individual citizen: The right to bear arms. Vital Speeches of the Day,63(9), 266-266-269. Retrieved from http://search.proquest.com/docview/221478074?accountid=13044

Tamanaha, B.Z. (2001). Socio-legal positivism and a general jurisprudence. Oxford Journal of Legal Studies,21(1), 1-1. Retrieved from http://search.proquest.com/docview/228294013?accountid=13044

The freedoms to speak your mind and define your own ethnicity. (2005). The Chronicle of Higher Education,51(43), B.13-B13. Retrieved from http://search.proquest.com/docview/214679973?accountid=13044

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