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4th Amendment Us Constitution With Explanation In Middlesex
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Middlesex
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US-000280
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The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
The Fourth Amendment is very brief. Despite its importance, it's only one sentence long. It has two clauses: the "unreasonable search and seizure" clause and the "warrants" clause.
An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.
The ultimate goal of this provision is to protect people's right to privacy and freedom from unreasonable intrusions by the government. However, the Fourth Amendment does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law.
Generally, a person has no reasonable expectation of privacy for property and personal effects they hold open to the public. The Fourth Amendment does not protect things that are visible or in "plain view" for a person of ordinary and unenhanced vision.
An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.
To claim a violation of Fourth Amendment rights as the basis for suppressing relevant evidence, courts have long required that the claimant must prove that they were the victim of an invasion of privacy to have a valid standing.
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.
The amendment process is very difficult and time consuming: A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. The ERA Amendment did not pass the necessary majority of state legislatures in the 1980s.
Art. V ( The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments. . .. ).
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In this session, students will examine the historical context and the drafting of the Fourth Amendment. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.Students do not give up all of their Fourth Amendment rights, even when they are on school grounds during the school day. Amendment Four to the Constitution was ratified on December 15, 1791. It protects the American people from unreasonable searches and seizures. The Fourth Amendment is among the first ten amendments that make up "The Bill of Rights". Its meaning is to protect against arbitrary arrests. 48 On the other hand, the Court's solicitude for law enforcement objectives may tilt the balance in the other direction. The Fourth Amendment is included in the Bill of Rights and the Constitution of the United States. All political power is inherent in the people.