Constitutional law

Essay by suckulantpeachUniversity, Bachelor'sB+, September 2004

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Constitutional Law and Theory

Brothers Armed in Terrorism Strategy (BAITS) can voice their opinion about anything they want, but when they stated that they seek to use primary means to overthrow the government, it is clear that the Syndicalism Act would apply. In Whitney v. California it says that the Syndicalism Act makes it a felony to organize or join a group advocating, aiding, or abetting acts of violence to achieve political change. Everyone in the group is in the group willingly so this makes it illegal for everyone that belongs to BAITS. Justice Jackson stated in Dennis v. United States that the highest degree of constitutional protection is due to the individual acting without conspiracy. Therefore; BAITS should not have constitutional protection.

Justice Brandeis and Justice Holmes states that the accused is to be punished, not for incitement or conspiracy, but for a step in preparation, which if it threatens the public order at all, or does so only remotely.

The novelty in the prohibition introduced is that the statue aims, not at the practice of criminal syndicalism, nor even directly at the preaching of it, but at the association with those who propose to preach it. The state has to be protected from political, economical or moral destruction.

Also is a threat is big enough, and it does not matter if it likely that it would not happen, the intensity is enough that it can be counted as clear and present danger. The entire group should be individually charged with clear and present danger. Malice charges should also be brought against the group because Malice means to kill or inflict great bodily harm and having complete disregard for human life. The government is made up of a body of individuals that BAITS has stated to use violence as...