Pros And Cons Of The Death Penalty In The 14th Amendment

The amendments were proposed by James Maddison in the Constitution. In the year 1789, America’s founding fathers met and wrote the Constitution, starting with the Bill of Rights leading into the 27 amendments. Out of the 11,600 amendments that have been proposed, and the 33 that were sent to states for ratification, only 27 made the cut. It can take up to 10 years for a proposed amendment to be approved by each state and ratified. The shortest time for an Amendment to be ratified after the Senate approved it was 2 years.

The 14th Amendment passed by Congress and the amendment that we created in class show similar and different sections and information. The 14th amendment passed by Congress and our class express pros and cons that affect the United States heavily. The class amendment has a chance of being ratified if some articles/sections are changed. The South would be deeply affected if the amendment was to be passed. Clearly the 14th amendment passed by Congress and by the class would affect the South deeply and heavily.

When the new constitution was put into effect in 1789, the federal government was actually given power and had more of a say in society. The constitution gave the federal government powers, and limited that states’ powers. There are two amendments in the constitution that explains what the federal and state governments have the right to do. The tenth and the fourteenth amendment lay down the line for what the states can do and not do. Even though the federal government tells them what to do through the constitution, they give them rights as well.

Janise Miescke Govt 2305 7/27/2017 What’s It Mean Anyways

In the United States Constitution, our 14th amendment states that “[no state shall] deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the laws” (Dictionary.com). The case Lawrence vs Texas, which started in 1998, in Harris County, was a case that was deeply investigating homosexual’s 14th amendment. It all began when four law enforcement officers were responding to a false call about a person armed with a firearm. After arriving at the house and going in they encountered John Lawrence and Tyron Garner engaging in "deviate sexual intercourse, namely anal sex, with a member of the same sex" (supreme.justia.com). According to the Texas sexual offenses a “deviate sexual [act]” is stated in the “Texas Penal Code Title 5.

The 14th Amendment is the right for those born on American soil to automatically become a citizen. Although there are some who wish to see a revision to the 14th Amendment, citizenship should continue to be based on birth as Chaves states in “The Case for Birthright Citizenship”. The 14th Amendment is seen as outdated by some Americans. The 14th Amendment was created for free slaves.

With twenty-seven amendments in existence, each broadens protections that were not previously covered. Within these twenty-seven are several major ones that strongly influence the dynamic in which Americans vote. The fourteenth and nineteenth coexist in a manner that allows them both to strongly control who votes, and how. Ratified on July 9, 1868, the fourteenth amendment expanded citizenship to all born on U.S. soil and sought to expand national rights to all, regardless of race (Fourteenth). This amendment included the expansion of citizenship to anyone truly born in the U.S., regardless of who their ancestors were-granting citizenship to former slaves.

It has been argued that birthright citizenship, or the legal right to citizenship for all children born in a country 's territory, regardless of parentage, may reward/encourage illegal immigrant parents an excuse to stay in the country. Despite this possibility, the 14th Amendment should not be modified. The 14th Amendment states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” (U.S. Const. amend.

It clearly violates the eighth amendment that states, “[E]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." (Eighth Amendment.) The segment of ‘cruel’ refers to a punishment that is brutal and inflicts severe pain of the suspect, whilst ‘unusual’ implies that the punishment is generally not associated with the crime that has been presumably been committed. The supreme court of Georgia explained, in a five to four ruling, that “capital sentencing based on the unguided discretion of juries offends the "cruel and unusual punishment" clause of the Eighth Amendment” due to the fact that it permits “juries to impose the distinctively profound sentence of death on some convicted defendants while other juries impose the far different sentence of life imprisonment on large numbers of similarly situated defendants convicted of exactly the same crime.” (Furman v.

The 14th Amendment was a milestone in the United States history. It is the sole amendment that keeps our people and their rights together. The rights of the people are a major aspect to keeping the American society going in a positive direction. With no rights, the government of the United States would be purely communism with one leader giving all of the orders. In most cases, history has proven that way of running your society is not the most successful way of doing things.

According to Hinman (5), just punishment is the one that happens to those who are proven guilty beyond reasonable doubt. This is important because capital punishment is irreversible and hence only the guilty should be executed. However, there are many cases of innocent people who have been sentenced to death only to have their appeals granted at the last minute, or worse, denied and executed. It is on these grounds that Bedau (2007) argues against the death penalty because it is unjust and unfair. About unfairness, he goes on to add that racial and economic discrimination are also a factor to consider when meting out capital punishment.

Criminals are shielded from cruel and unusual punishments. Finding the better option for good is sometimes the only answer. More so, execution is a crueler punishment than a life sentence without the possibility of parole. The process of entrusting a jury and judge with the power to decide someone's fate and put an end to their life will always be inhumane and seen as a cruel punishment. Although the Supreme Court has ruled capital punishment constitutional, it is difficult to determine if someone really deserves to die rather than just spending life locked away with no possibility of release.

While there are far more subjects to discuss regarding to this issue, I feel it necessary to state that I believe the death penalty should exist in a perfect society. I believe that certain crimes and certain situations warrant the punishment of death. However, the our society is not perfect. The justice system has failed to fairly use this punishment in far too many instances, and concludes that they cannot justly wield this

I agree that the death penalty is inhumane and should be abolished; no one deserves to be killed, even those who have killed. However, I also feel that the death penalty solves nothing because all the government or state does is end the person’s life. This means they don’t get to learn from what they have done; they don’t receive punishment. It is better that the prisoner be sentenced to life so that they could ‘feel’ dead, but still have to live in a confined space for the rest of their lives, thinking about what got them there in the first place. That to me, is a real death penalty.

The Death Penalty, loss of life due to previous crimes and actions, is believed by some to be extremely costly, inhumane, and cruel unlike some others whom believe it is just, right, and provides closure. The Death Penalty is not a quick and easy process. Most who get sentenced to deaths row wait years for their ultimate punishment of death. Some believe that it is not right to punish and kill a human for actions they have done because, they believe that the inmate should have another chance. Then others believe that it is right to punish someone for their actions especially if their actions involve killing another or multiple humans.