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Essay / Research Paper Abstract
9 pages which analytically examine whether or not the 1st amendment has 'lived up' to the expectation of its drafters. Bibliography contains 18 legal references.
Page Count:
9 pages (~225 words per page)
File: D0_1stamd.rtf
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Unformatted sample text from the term paper:
has been in what its guarantees provide for. I. The First Amendment, as Applied by the Due Process Clause of the Fourteenth The first amendment to the constitution was
part of the "Bill of Rights" which the first congress recommended as an important step in gaining acceptance for the general government during the contest over ratification. While the Bill
of Rights, as prepared by Madison and approved by the house of representatives, restricted the actions of both the federal and the state governments, the states rights point of
view prevailed in the senate, and the amendments under consideration were altered to apply only to the federal government. This reflected the fact that federalism, rather than a desire to
protect individual liberty against government encroachment from whatever source was the chief concern of congress in approving the Bill or Rights. While Madison and his colleagues had sought to appease
states rights sentiment by offering general guarantees of individual liberty, the states rights senators, exacted a higher price by turning the amendments exclusively into restrictions of the federal government. It
must be remembered that this was not too long after the revolutionary war, and many people, remembering problems with "tyrannical" England in the not too distant past, feared a similar
situation arising under the new constitution. Correspondingly, the original intent in framing the first amendment lay in prohibiting solely the United States Congress from arbitrarily abridging the freedom of free
speech, press, and religion for the purpose of protecting against tyranny. In current, however, due to the advent of the fourteenth amendment, both the freedom of speech and the freedom
of religion guarantees of the first amendment are readily applied against the states and even against local governments. The current that led to the framing of the Fourteenth Amendment
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