Constitution rights

A word of caution is in order. This case is easily distinguishable from that involving layoffs of privately employed chemists and chemical engineers. Sindermann was a public employee, and his claims alleged a denial of his constitutional right by a state agency. Furthermore, the Supreme Court held that even if Sindermann were able to prove an... 

Recent events, including the World Trade Center and Pentagon terrorist attacks of September 11, 2001, have induced rapid fundamental changes from historical perspectives of constitutional rights and governmental interests. Necessary questions to ask are (1) does the technology, practice, and procedure make society safer or provide an illusion of safety (2) is the privacy intrusion proportional to the security benefit and (3) are there other demonstrable less privacy intrusive methods available that attain the same objective. 

The Patriot Act, to some Americans is a threat to democracy and civil liberties to other Americans, it provides a promise of protection against endangerment of their society. Both opinions are justifiable. The Patriot Act and its progeny are well intended. However, based upon legal traditions, it is philosophically, constitutionally and practically contrary to America s foundational constitutional rights and dvil Hberties. The Patriot Act, especially concerning the Fourth Amendment, should be periodically revisited by Congress to coincide with basic civil liberties and tenets of constitutional law. 

Copeland, R.A. War on Terrorism or War on Constitutional Rights Blurring the Lines of Intelh-gence gathering in Post-September 11 American, 35 Tex. Tech. L. Rev. 1 (2004). 

The Supreme Court has recognized a constitutional right to bodily integrity that includes the right of a person to make voluntary and informed decisions about medical treatment." The government s concept of compassionate coercion appears to turn upside-down the individual s right to informed consent. All fifty states have laws that protect informed consent. These laws require that before performing medical procedures or treatments, medical personnel must make certain disclosures to patients and obtain the patient s consent." ... 

The Evolution of a Constitutional Right. San Francisco, CaUf. Liberty Tree Press, 1984, p. 47. 

Although not involving a firearm, this is one of the earliest state decisions relating to weapon laws and the most absolute in its insistence on a totally unfettered right to bear arms. Its precedent is not followed in most subsequent decisions, which find at least some arms regulations (such as the prohibition of concealed weapons) to be compatible with the constitutional right to bear arms. 

After reviewing similar cases in other states, the court ruled that so far as the act of 1837 seeks to suppress the practice of carrying certain weapons secretly, that it is valid, inasmuch as it does not deprive the citizen of his natural right of self-defence, or of his constitutional right to keep and bear arms. But that so much of it, as contains a prohibition against bearing arms openly is in conflict with the Constitution, and void. . . ... 

That Every Man Be Armed The Evolution of a Constitutional Right. Albuquerque University of New Mexico Press, 1984. Traces the right to bear arms through common law, the colonial experience, and the framers of the U.S. Constitution. Halbrook continues with survey of cases and interpretations in the post-Civil War period and later, as well as Supreme Court decisions. 

October 14 The U.S. Supreme Court lets stand an appeals court decision that doctors and patients have a constitutional right to discuss all health-related matters, including medical marijuana. Federal authorities had sought to revoke prescription licenses for physicians who discussed the matter. 

As an illegal, controlled substance, abuse of methaqualone can have serious social consequences for the user. Convictions carry heavy fines and possible jail time. Depending on the state, a conviction may also result in the suspension of the user s drivers license, and his or her constitutional right to vote may be revoked. 

Despite President Nixon s stance, in 1973, Oregon became the first state to decriminalize possession of small amounts of marijuana. Ten more states quickly followed, although specific legal definitions and penalties associated with decriminalization varied from state to state. In 1975, the Alaska Supreme Court ruled that the possession of marijuana for personal use by adults at home was protected by a constitutional right... 

The establishment parties placed the Republikaner beyond the pale of democracy and constitutional politics. It was therefore those establishment parties who had violated the constitutional right of the Republikaner to equal treatment, as well as to the freedoms of expression and assembly. 

Apparently penumbras and their emanations can be very powerful, especially in constitutional law. In Griswold v. Connecticut, 381 US 479 (1965), the majority of the Supreme Court justices found that a zone of privacy was created from die penumbras and emanations of die first, third, fourth, and ninth amendments to die U.S. Constitution. The constitutional right to privacy thus cobbled together has been... 

First is the possible infringement on constitutional rights of privacy when tests are administered randomly (that is, without warning and independent of probable cause"). This concern has led some to suggest that tests should be used only if a demonstrable reasonable cause" exists to believe a person is under the influence of a drug. 

The need for privacy when participating in research is based upon a subject s dignity and autonomy and thus warrants respect. As a result, all information regarding a research subject must be kept confidential. The researcher has a duty not to share any information without a subject s free and informed consent. Respect for privacy is an internationally recognized ethical standard and is reflected in Canadian law as a constitutional right. However, there are some circumstances where public health and safety require protection and such privacy may be lost, e.g., child abuse, sexually transmitted diseases. The REB can play an important role in assessing the balance between the need for research versus invasion of privacy, thus protecting individuals from harm as a result of unauthorized use of personal information. 

Nations have some flexibility in implementing the 1961 and 1971 conventions (Mead 2004). For example, if a national court ruled that an individual had a constitutional right to use medicinal cannabis, that nation would be relieved of any obligation to punish such activity. This elasticity has resulted in a marked disparity in approach between countries (for a full review, see Mead 2004). 

This constitutional right to employment is thus one of the basic principles of employment policy and of providing security in the event of unemployment, with the legislature and the executive called upon to establish the corresponding regulatory framework. However, the existence of this mention in the preamble never implied, of course, that the state was legally obliged to provide jobs to all the unemployed. 

Currie DP (1986) Positive and negative constitutional rights. University of Chicago Law... 

The Federal constitution of the United States does not tackle the issue of social security. Consequently, there are no individual constitutional rights in this field. But the constitution does not prevent the legislator from implementing social security programmes. More precise are the respective constitutions of some states that make statements concerning social protection. However, they always address the legislator and do not in any way grant individual entitlements. 

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