First Amendment

The fact that Americans are legally allowed to use freedom of speech is one thing that make the United States a popular country to try to live in. Freedom of speech means that an individual has the right to speak their mind socially, religiously and politically about any topic they choose. The right of freedom of speech is protected under the First Amendment in the Bill of Rights, a part of the United States Constitution.

• The right of freedom of speech is one of a American’s most basic human rights. Many other countries do not allow its residents to have the freedom of speech, and many have been jailed or even killed because of things they have said. However, the First Amendment is often misunderstood by individuals. Freedom of speech extends beyond an individual verbally saying something. Now, non-verbal, visual and symbolic expressions fall under the protection of the First Amendment. The first amendment doesn’t only protect freedom of speech. The first amendment also protects an individual’s religious freedom, their right to petition, freedom of the press, and the right to assembly. The right to assembly refers to the right to gather and protest peacefully in any public place.

• The actual wording of the first amendment is “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This first amendment was established to protect the basic liberties of American citizens.

• However, with the freedom of speech comes some rules. There are some exceptions to the things that can be said, both verbally and non-verbally, under the First Amendment. The law has decided that any speech that is obscene, incites violence, threatens national security or defames someone is not protected under the freedom of speech amendment. Somewhat controversial is the fact that what is considered to be hate speech is actually protected under the first amendment. For instance speaking out as a representative of the Ku Klux Klan is not illegal and is protected by the first amendment.

The first amendment is considered to be one of the most important amendments in the United States Constitution. Although there are other countries who have the right to freedom of speech, the United States are the country in which the first amendment is tried to be strictly protected by the government.

State Laws

The term state law refers to the rules of each separate state in America. State laws are passed by the state legislature in New Jersey as well as the other 49 states. State laws in New Jersey are then signed into a code by the New Jersey state Governor. The common problem with any state law is that it can often conflict with the federal laws of the United States. When there is an unclear interpretation of state law, which there often is, the issue or conflict is resolved by the federal courts.

• Like other state laws, the state laws of New Jersey follow the actual state constitution. Although every state has a separate constitution of state laws that govern them, most of the major state laws involving serious crimes like robbery, murder and rape are the same. Some state laws allow the death penalty, like Texas; others, such as New York, does not condone it. A state law will sometimes vary depending on the state. For instance, when one is caught Driving While Intoxicated (DWI), a particular state law may ensure certain punishments that other states do not. The United States Constitution has set the groundwork for most major state laws.

• State laws regulate many issues. A state law may control driving privileges, property ownership, or taxes. Some state laws are considered to be unusual, but in general a state law serves its purpose by giving a state some control over individual’s who break the state laws. New Jersey is one state that has many unusual state laws, such as a state law that makes it illegal for a man to knit during hunting season. However, New Jersey is not the only state with weird state laws.

• In Texas, for instance, a state law prohibits any individual from having a pair of pliers on their person. California state law prohibits any women wearing a robe from driving a vehicle. Another odd state law has made it illegal to mispronounce the name of the state of Arkansas while the individual is in Arkansas. In Alaska, state law dictates that an individual is not allowed to look at a moose from an airplane. Residents of Kentucky have to follow a state law that forces them to bathe at least once a year. In Tennessee, a state law prevents bologna from being sold on Sundays.

Serious state laws exist to protect individuals from harm. Some silly state laws seem to serve no purpose at all. Either way, some state laws are nationwide while other state laws are specifically tailored to that individual state.

Law

A law is a rule that is enforced by institutions such the police and the government. Laws sometimes vary from state to state. Laws are known to shape everything from politics to economics and society in several ways. A law can be serious or strange. New Jersey is a state that is known for having several strange laws. Laws are not made into laws overnight though.

• A American federal law just begins as an idea. Sometimes a law is made as a result of public demand. Usually laws that are formed in this way is a result of some form of violence, such as Megan’s Law, which was passed to require legally law enforcement officials to release information about convicted sex offenders. This law came about because of the kidnapping, rape, and murder of seven-year-old Megan Kanka. Her murderer was a repeated sex offender who had moved into Megan’s neighborhood. No one was required to inform the families in the neighborhood that a sexual offender had moved in. Because of this, Megan’s Law began with state attempts to protect children in their communities from sex offenders; the law then became a nationwide law.

• Once an idea for a law is brought to the attention of congressmen, they can decide whether or not to sponsor the proposed law. A congressman may decide to sponsor a law if they think the law has a good chance of being passed. The proposed law is then introduced to Congress as a bill. The bill then will be sent to a particular committee to see if it will be voted into law. The committee depends on what type of law is trying to be passed. For instance, if a bill revolves around a farming idea, than it is passed along to the Agriculture committee. If the committee approves the possible law, than the bill goes on to the full house of Congress. A proposed law, or bill starts in either the Senate or the House of Representatives.

• There are 435 members of the house of Congress who can turn a bill into a law. Proposed laws are discussed and debated. The bill is then voted on. Of the 435 members, at least 218 members have to agree to the bill to be voted in. Once the House approves the bill, then the proposed law is sent to the Senate. If the Senate does not approve of the bill, it may be sent back to the House for further debate, or abandoned. If the Senate agrees on the bill then it is passed on to the full Senate. Of the 100 senators that vote on the proposed law, 51 must approve of it for it to get passed on to the President of the United States.

The President makes the final decision about turning a bill into a law. If the President does not approve of the bill he can send it back to Congress by vetoing it. However, if the president does approve, then he can sign the bill, thus turning it into an official law.