Respond to…
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to bea witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Fifth Amendment keeps a business owner from having to testify against them. Having legal representation keeps the owner from incriminate themselves and causing a worse situation that can’t be fixed later. For my future business I want to open my own daycare center and with this will come situations they may bring legal action and because I am protected by the Fifth Amendment if there is anything to happen within that center I have the right as the owner to speak or not to. We all have seen where children are being left on vans or children are being hurt a childcare facilities, but you never hear the owner of these centers speak about what happen or what will happen, or even what was the cause. Usually there is a statement given to the press about the situation and sometimes that may be the end of it until you find out what may have happen to that employee, although this may be my center I am not required by law to say anything to the public about the situation.
Respond to…
The constitution of the United States is the founding father of America’s laws that represents the foundation of state laws that govern and protects the welfare of its citizens. Furthermore, according to (Seaquist, 2012), “the constitution limits the power of the federal government to regulate state matters in all areas of private or public life not to infringe on any rights protected by the U.S. Constitution” (sec 1.2).
Amendment XIV, section one of the United States Constitution states, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (Seaquist, 2012, Appendix A).
Although the 14th amendment is constituting as the law of the land, passed by congress in 1866 and ratified in 1868, blacks in southern states were denied certain rights and privileges under a law known as Black Codes. African Americans were not allowed to own property, travel, sue in court, or repayment of any debts. One hundred fifty-one years later, there are still racial discrimination practices against leasing and owning a private business. By not staying true to the 14th amendment, it limits the ability for Blacks and black-owned businesses to be protected and treated as equal to whites and as a citizen of the United States.
This amendment has played a significant role in my life. After Joining the military, I was naturalized and became a United States citizen. Being able to become a United States citizen was a long-term accomplishment of mine. And living the fact that I was also serving in the military meant so much more. As a naturalized citizen, I was able to have more privileges such as jobs and monetary funds, but still limited specific discrimination that deters me from holding the higher ranking position due to the nature of my accent, background, and birth country. In my opinion, if the 14th amendment was enforced, all citizens of the United States, despite their ethnic origin, religion, or gender will have equal protection of the laws.
Reference
Seaquist, G. (2012). Business law for managers [Electronic version]. Retrieved from https://content.ashford.edu/