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4th Amendment - Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate…
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The case present before us involves the constitutionality of a dog sniff in regards to the 4rth Amendment. The respondent claims that the police officer, a representative of the State of Florida lacked probable cause to search the vehicle. The dog used in the operation, Aldo was not reliable since his detector certification had expired. Also, the officer did not maintain a record of his field performance alerts. As a result, the respondent contends that Aldo’s alert was false thereby diminishing the validity of probable cause. On the other hand, the State of Florida counters by arguing that probable cause is a flexible common sense standard and requires only a fair probability and not hard certainties. Moreover, the officer who had trained with the dog is the best judge of the dog’s credibility as opposed to the Court’s especially since law enforcement agencies act with good faith. Consequently, defense counsel moved to suppress the physical evidence as the product of a warrantless search without probable cause. The trial court denied the motion to suppress but made no findings. The respondent then appealed to the Florida First District Court of Appeal. They affirmed. Harris v. State, 989 So. 2d 1214 (Fla. 1st DCA 2008). The Florida Supreme Court quashed the lower court decision. Harris v. State, 71 So. 3d 756 (Fla. 2011). The Court scrutinized the case under the totality of the circumstances test established in Illinois v. Gates, 462 U.S. 213 (1983) and concluded that Aldo’s reliability, was not enough to demonstrate probable cause.…
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Though not affecting any candidates in the field, having an amendment be ratified during the election cycle is historical. The twenty second Amendment was ratified during this election. This laid out the two elected term limit for presidents. (1948 Presidential Election)…
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Today though, President Obama has been dealing with much different circumstances. Upon entering office during the “Great Recession” he was faced with an exploding unemployment rate, a crashing stock market, as well as a decrease in national GDP. In order to prop up the economy, Obama continued the stimulus packages enacted towards the end of the Bush administration. Instead of the climbing inflation rates that Reagan faced, Obama…
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With citizens having the right to make their own decisions in life that includes having the right to pick and vote for their choice of any representatives in government. But if term limits were to make its way into the Constitution, they would infringe on American citizen’s rights and free will to select their choice of representatives in any office. According to the article Are Term Limits Undemocratic?, “term limits were undemocratic because they prevented voters from freely exercising their judgement to retain experienced representatives if voter wished” (Elhauge 1997). If term limits were required, the question that would be asked is why should voters be punished and deprived of their choices of representatives all because that person has already served the time allotted to government representatives. Many Americans often times vote for the same representatives in office, but if term limits were put in place then they would determine who could or could not run for office at any…
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People are pointing fingers at Obama and president George W. Bush. Indeed it is true that since Obama has been in office the debt has increased nearly $10 trillion, with the original debt in 2009 being $10.6 trillion. Also Obama Care takes up about $110 billion dollars alone, but Bush also has some faults. The tax cuts of 2001 and 2003, where Bush had the rich pay little to no taxes leaving the economy in shambles. Money the government put into society was not making its way back, the working poor and middle class don’t make much money as is, and the number of people unemployed was just costing the government more money. Not to mention the wars Bush funded in Iraq and Afghanistan that cost us another $1.3 trillion in borrowed money. All in all each and every president has made a mess of today’s society, but is the U.S really so far…
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Following the death Franklin Delano Roosevelt, which occurred during his fourth elected term as president, the United States Congress passed the twenty-second amendment, which put into writing a previously unwritten tradition of the presidency. This tradition, set in place by George Washington in 1797 and further cemented by Thomas Jefferson, had remained in place for 144 years before it was finally broken. While a few previous presidents had tried to run for a third term, it was only FDR who succeeded. Grant tried to run but lost his party’s nomination to Garfield, Grover Cleveland attempted a third term but could not garner enough support, Theodore Roosevelt lost to Woodrow Wilson when Theodore attempted…
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The Constitution of the United States has always been known as the lifeblood of our government and the rights of the people. This historical document was not always in place however. Before this “living document” and basis for United States rights and laws was formed there was the Articles of Confederation. Signed in 1777 by the original 13 colonies as a means of establishing the United States of American and served as our new founded countries first constitution. This document however, “did not provide the centralizing force necessary for unity among the new states and were soon found to be so fundamentally weak that a different political structure was vital.” (Breckenridge pg.19) Congress authorized a Constitutional Convention to revise the Articles in February of 1787. In the months that followed the delegates assembled and addressed the concerns within our fledgling nation. This was the beginning of our Constitution of the United States.…
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Amendments in the United Sates constitution have changed our government and our society. Amendments are usually ratified due to social events that occur over time .Ideologies also pay a considerable role to the ratification process as well. If it wasn't for political groups such as The Anti-Feudalist we may not have obtained the 1st amendment which sates "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." (The Bill of Rights) Another Amendment which is coherent to the 1st is the 10th Amendment which states "The powers not…
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In approaching the 22nd amendment of the Constitution, I strongly feel that it should be left alone because either President Clinton or Bush should be allowed to run for more than two terms. American people are use to being able to vote for a new president especially if the one that is in office is not doing a…
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The conflict this amendment addresses is if there should be presidential term limits or not.…
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The approach to change the amendments for our future and current presidents and holders of other offices should not be modified in the intent of bettering the community. "The Nations first president had the opportunity to be elected for a third term, but declined it, suggesting that two terms of office was enough for any president." As source A, states the fact that George Washington had more than enough time to make a difference to society. According to source C "The two-term limit that stood for 142 years was broken by the 26th president; Franklin Roosevelt, and after Roosevelt died in his fourth term, the opposing Republicans heavily supported the draft for the 22nd amendment." The fear of the Democratic Party holding office long after the two-term tradition led to the promotion of the 22nd amendment.…
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The founding fathers created the US government to be one of limited power and rule by the people. This rule by the people was meant to prevent a singular person from wielding all the power. Term limits would limit the amount of time in which a representative could rule, preventing any one person from remaining in power. Furthermore, political author George Will (1992) writes, “term limits were included among the 15 resolutions of the Virginia Plan submitted to the Constitutional Convention in Philadelphia,” but weren’t included in the constitution because the measure was considered too detailed (p. 2). Lastly, no constitutional law expressly outlaws term limits.…
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The Fourteenth Amendment was a direct outgrowth of the national debate over slavery1, and the subsequent emancipation of the slaves during the Civil War. In the aftermath of that war, Congress confronted a number of thorny issues: what would be done about the rebel leaders? Would the defeated states contribute to paying off the Union’s debts? Would slave owners be compensated for the loss of their property? What measures would be required of the defeated states as a condition of their full re-admittance to the Union? Two cases that took place before the creation of the Fourteenth Amendment are particularly important, considering that in a way or another they would help shape this Amendment: Barron vs. Baltimore and Dred Scott vs. Sanford.…
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The Supreme Court stated the only way imposing term limits could be constitutional is by amending the Constitution (Philips, 2016, para. 3); however, this is an exceedingly difficult objective as it would require two-thirds vote from both chambers of Congress, and then must be ratified by at least three-fourths of the states (Phillips, para. 8). Expecting Congress to support an amendment that limits the tenure of their power is quite an unrealistic expectation that would likely have the same amount of their support as say proposing to reduce their salaries or benefits. Members of Congress posses a self-interest in prolonging their tenure in office which, unfortunately, has failed to fulfill the wishes and best interest of the…
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