Reflections on the First Amendment
These First amendments were carried out in 1791 and they constituted the Bill of Rights in regard to three aspects of religion, freedom of expression (press, speech, and petition) and freedom of association. This amendment intended to safeguard these provisions from being subjected to restrictions by the congress through formation of other laws that would infringe to these rights. The amendment restricted the congress from making laws in the respecting to religious establishments, or restricting free implementation thereof or curtailing freedom of speech, press or the right of citizens to have a peaceful assembly and to petition the government for a redress of any grievances.
Religion
In relation to religion, the amendment focuses on the relationship between the church and the state in regard to the establishment of centers of worship and their exercise of freedom. This clause recognized of the threat that would be imposed to other religions if the congress passed a law that would lead to an establishment of a national religion or having a preference to one religion over another. In relation to first amendment and religion, there have been some prominent cases relating to freedom of worship in state schools. In one of such a case, Abington School District, Pennsylvania v. Schempp, 142, (1963), the issue related to whether a state law or the board of a school may obligate for verses of the Bible to be read or reciting of lords prayer in state public schools even though students may be exempted through written permissions. In its ruling, the Supreme Court upheld the establishment clause as provided in the first amendment. The ruling was based on the prohibition of this amendment to the establishment of single religion. The act of reading verses from bible and reciting Lords prayer in such a multi religious school was found to contravene the basic provision of the first amendment. This freedom in establishment was later supported in the Fourteenth Amendment.
Freedom of expression
In the First Amendment, freedom of expression is recognized as the basic rights to freedom of speech, press and to petition the government for redress of their grievances.
The amendment recognized the primary component of freedom of expression is contained in the right to have freedom of speech. This allows persons to express themselves and their opinions without the any restrictions from the government. Incase of any interference the government is supposed to provide the high court with adequate justification for such interference. One of the most significant case relating to the freedom of expression is the case involving Whitney v. California, 274 U.S. 357 (1927) where Anita Whitney had been accused and found guilty for helping to establish a communist party was seen as a violent group which had intentions to overthrow the government. This was in accordance to the 1919s Criminal Syndicalism act of California.
The most significant point is the failure by Whitney to base her defense on the provision of First amendment a factor which made the Supreme Court to uphold the earlier judgment of finding the defendant guilty. The greater significance of this case is seen in the underlying arguments about the freedom of expression as expressed by Justice Brandeis. According to his argument, it was the believe of those who sought for the independence of United States intended to make people free which would assist in development of their minds. He continued to assert that, the powers of the government need to be sustained at a higher level than those of the subjects. They valued liberty as basis of happiness and courage as the only means that would ensure that people have the liberty they require. The founders of the nation also put a lot of emphasis on the power of freedom to think without any undue coercion and speak as ones mind. These are fundamental rights that shall remain fundamental to the realization of the truth in politics (Samaha, 2004). Brandeis continued to stress that, the lack of freedom of speech and association any logical discussion would end up being impossible to be conducted in an open forum.
The freedom of association
This freedom allows people to gather for lawful and peaceful reasons. However, the purposes of such associations are limited to the purposes indicated in the first amendment. The government can restrict associations which might be intended to carry out illegal activities. Such associations are compelled to registration in a process through which the government may limit their registration. In the case relating to United States v. OBrien, 391, U.S. 367 (1968) OBrien had participated in burning openly his selective registration certificate in front of a crowd with an intention of influencing the onlookers to adopt antiwar sentiments. After being indicted and taken through a trial, he was found guilty of his acts under the amendments that had taken place in 1965 OBrien sought justice through the Supreme Court which found amendments as unconstitutional sine they were against provisions of First Amendment. His conviction was seen as singling out of a person engaged in a protest for special treatment. However, his conduct of willfully burning a registration certificate was still found to be punishable. This was based on his foreknowledge of the requirements of the Selective Service system for one to retain his or her registration certificate. This registration certificate served the defendant with extra duty other than mere notification of his selection. He was therefore obliged to maintain communication between him and the registrars before making any changes to the certificate including destroying the same. This violation was however of a lesser extent than the initial conviction which attracted a lesser punishment for lack of possession.
Reasons why case needed to be heard and interpreted by the Supreme Court
The jurisdiction of the Supreme Court hear and determine cases is based on its position as being the court of the last resort to matters involving constitutionalism. The Supreme Court remains as the highest court in the judicial system of the United States. In this case, the U.S. Supreme Court hears appeals of decisions made by lower level state and federal criminal courts and interprets federal and Constitutional law. One of its most important responsibility lies on passing rulings on cases where the claimant alleges his or her Constitutional rights have been violated in accordance to the constitution. The Supreme Court therefore acts as the interpreter of the law. All these cases involved petitions where it required interpretation of the law in regard to the First Amendment. On the first case, the court interpreted the law in regard to the First Amendment as it pertains to freedom of religion.
The Supreme Court in maintaining its ruling in the favor of First Amendment respected the supremacy of the constitution in safeguarding freedom of worship for not supporting Christian religious practices on a secular religious state. This stand was supported by the Fourteenth amendment which restricted state or school boards from passing laws that would require students to adhere to Christian religion only at the beginning of each school day. A consideration of students of other faiths being exempted from participating on these practices through written request from their parents cannot be taken as a full freedom of religion. The Court maintained absolute freedom from any restriction to one religion.
In the second case, the Supreme Court had an obligation of relating to the freedom of expression, through a case petition which had there before been decided on a district court in California. The defendant was seeking fair trial as she had felt she had been denied the freedom to express her political view and that of other people through associating with a certain organization. From onset, it was clear that the evidence necessitated the jury in finding that the defendant became a member of and assisted in organizing the Communist Labor Party of California, and that this was organized to promote, teach, aid or support criminal syndicalism as defined by the Syndicalism Act of the state of California, The Supreme court argued that, the Act, as it was construed and put in practice, deprived the defendant of her liberty without due process of law to enjoy her constitution right of freedom off expression. In this regard, the Act had made the actions of the defendant in attending the convention of her party unlawful. This was by reason of a consequent event brought about against her will. On her part, she was only helping in organizing the convection of a party on behalf of others and she showed no intentions of on her part to joining the party the forbidden purpose of the association. In addition, she lacked the understanding and therefore failed to foresee the intention of the group during the convection. However, the Supreme Court maintained the ruling of the district court on the basis that, the defendant failed to base her petition on the provision of the first amendment.
On the third case, OBrien had petitioned against an earlier ruling which was dependent on an amendment that was in contradiction to the first amendment. Despite ruling on the unconstitutional of the earlier amendment, the court found the defendant guilty of no possession of vital document after making willful alteration to the same through destroying the registration certificate.
Effects of each ruling on the rights of every citizen today
All the three cases had a reference to the rights and freedoms as provided by the First Amendment. The Supreme Court remains as the single organ in the judicial system that can ensure the rights and freedoms that were instituted in the bill of rights are respected. The first case and its ruling have helped the American citizens to continue to enjoy their freedom of religion in all circles of life practices as it is provided by the First Amendment. The second ruling though has helped to maintain the freedom of expression, the Supreme Courts shows a long-standing lack of will to assert all obscenity laws as unconstitutional infringements on freedom of expression. In the third ruling, the freedom of expression has continued to gain popularity though association has been subjected to censorship. This has allowed censorship to flourish at various times in our history because of public officials tendency to apply the Courts narrow limits in more than one ways. This has remained a major problem with all of these limited exceptions to the First Amendment.
Rights and responsibilities that the constitution provides an American citizen
Rights
The most common rights that the constitution guarantees to its citizens are contained on the Bill of Rights. This exists in the first ten amendments that were conducted on the constitution to safeguard the rights of individuals. From the First Amendment, an individual is assured of freedom of religion, association, speech and to petition the government in case of a valid grievance. Other amendments gives rights to bear fire arms, freedom from sectioning soldiers, rights against unwarranted seizure and searches, right to a fair trial in criminal indictments, right to jury trial n civil cases and the freedom from unfair punishment of being charged exorbitant fines. In addition, the constitution guarantees other rights which are not listed on these amendments and can be proven by the Supreme Court. Other basic rights provided by the constitution are the right for one to be informed the reason as to why he or she is held by a state law enforcement agency. This is contained in the Article 1 section 9 of the constitution. Under this, a person continues to enjoy the privilege of the Writ of Habeas Corpus unless when one has become rebellious or when the continued provision of this privilege may jeopardize the public safety. According to Article 1 section 10, the constitution also protects the American citizens from publication of any bill that may intend to punish an individual or a group of people. This is restricted by the prohibition of any bill of attainder. In the same article, the constitution also protects the American in their continued participation of their normal acts through the restriction of passing of any ex-post facto law. Constitution through the Article 1, Section 8 protects the citizens on their original works through the legislation of patents and copyrights.
Responsibilities
The first responsibility passed to the citizen of the United States is to remain loyal to the country. This is expressed through loyalty to the country in regard to other countries and the American flag. The constitution passes the duty to every individual citizen to defend the American constitution and remain obedient to all the laws that are inherent in the constitution. The constitution passes the responsibility for every citizen over eighteen years of age to vote in the federal election activity. One has also responsibility to participate in protecting the state by serving in the military operations whenever called for by the state. Of basic responsibility passed to the citizens by the constitution is that an American citizen can serve in a jury. Such a citizen is however required to remain loyal to the country. Whenever one is living in the United States as a citizen, he or she is expected to contribute in building of the nation through service.
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