Which Amendments of the Constitution is the Most Important?

Topic: Which Amendment is the most important? Explain this Amendment and why it is the most important.

 

Journal Assignment #3

Contribute to this world’s civilization, universal value to all human beings.

The first ten amendments to the Constitution, the Bill of Right, have been collectively assuring this country is being great and its people enjoy the most freedom. All of them are significant, but if I have to choose one of them as the most important, I think the Fourth Amendment should be my choice. I have three reasons for my decision.

The Fourth Amendment helps hold the states as united country. In pre-Revolutionary America, tensions exist between Anti-Federalist and the government partially because of the abuse of the writ of assistance, a typical general search warrant without specification issued by British government. People are concerned about being unreasonably searched by a powerful and united government. In response to the concern, the Fourth Amendment prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. In my view, without the strict limitation of the amendment on governmental activities involving people’s rights, people would not allow three-quarters of the states ratify it and thus help the states stand together as being a great country.

The Fourth Amendment never stops developing. Although searches and seizures have been strictly limited to a narrow spectrum and are required to be specific with probably causes, technologies were, and may still be, used by the government to oversee and infringe people’s privacy. Early court decisions limited the scope of the Fourth Amendment protections only to law enforcement officer’s physical intrusion onto private property[1]. But the Supreme Court never stops developing the protections, for example, the Court extended the scope to the privacy of individuals and their physical locations in Katz. v. United States. The Fourth Amendment never stops running. It is flexible for protecting people from infringement by newly designed schemes.

The Fourth Amendment builds a universal value. Another precious value of this amendment is its exclusionary rule, which renders all evidences discovered through illegal processes or methods inadmissible at trials. This rule of the amendment helps a lot of countries on this planet understand what a “fruit of poisonous tree” is and the results could be. For example, in 2012, China modified its criminal procedure law to adapt this thumb of rule for excluding inadmissible evidences gained by officials via illegal proceedings and methods. The rule now becomes a universal value among countries and motivates people to fight for their justice and freedom.

With the above three reasons, I would confirm the Fourth Amendment is the most important amendment to the Constitution.

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Vigilante

China Bar Association; Current GWU Law Student; A man had cried at midnight.

Vigilante wrote 64 posts

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