Wednesday, December 25, 2019
The Rights Of The United States - 1690 Words
John F. Kennedy once said, ââ¬Å" Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty.â⬠Indeed throughout the course of U.S. history, peopleââ¬â¢s liberty has been emphasized as one of the most important rights of American people. Liberty is understood as a basic right of freedom to which everyone can engage in certain actions without control or interference by a government or other power. Based on that principle, selective incorporation is a process of constitutional law in which some provisions of the Bill of Rights are nationalized to the states through the nationalization of Fourteenthâ⬠¦show more contentâ⬠¦To clarify, Near was accused of violating a law because he revealing wrongdoings of the local government. Moreover, trial judge issued an injunction ââ¬Å"preventing Near from publishing the newspaper in t he futureâ⬠(ââ¬Å"Nearâ⬠). As one can see, Minnesota officials felt the need to stop and prevent someone from incriminating their misconducts. But obviously, their decision has violated Nearââ¬â¢s freedom of press which states have to obey due to ââ¬Å"Due Process Clause of the Fourteenth Amendmentâ⬠(ââ¬Å"Nearâ⬠). At the end, Near appealed the case to the U.S. Supreme Court; finally, the court ââ¬Å"voted 5ââ¬â4 to declare the Minnesota Gag Law unconstitutional ââ¬Å"(ââ¬Å"Nearâ⬠). It is important to realize that because of the process of selective incorporation, the federal government has the duty to reinforce states in protecting their peopleââ¬â¢s liberty. Similar to Near v. Minnesota, selective incorporation had helped Lawrence Robinson win the case of Robinson v. California in which the Supreme Courtââ¬â¢s decision regarded of the Eighth Amendment, the cruel-and-unusual-punishment clause. The issue occurs when Robinson was ââ¬Å" searched and questionedâ⬠by Officer Brown ââ¬Å"on the streets of Los Angelesâ⬠even
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