The 4th Amendment Of The Constitution Of The United States

The 4thamendment Of The Constitution Of The United States Of Americ

The 4th Amendment of The Constitution of the United States of America reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by Oath or affirmation, and particularly describe the place to be searched, and the persons or items to be seized†(Seaquist, 2012, Appendix A). The 4th amendment protects a person and business from being illegally searched without just cause. Illegal searches protect businesses because it protects their privacy as well as the privacy of employees because personal employee information is linked to company. Businesses do not have to fear unreasonable or illegal searches which could result in negative publicity. The 4th amendment limits businesses because if there was a company who was illegally conducting business, there would be nothing that could be done about it without a search warrant which could not be issued without probable cause. It could be detrimental to the honest company if the company that was doing business illegally was the competition. An example that I have encountered at my work is that I had to sign a form stating that if I chose to use my personal phone, for business purposes that the corporation could search my phone and even delete all of the data on it if they deemed it necessary.

Most places of employment have employees sign notices that make the employee aware that their work emails, phones, etc. can be searched if deemed necessary. While this may feel like an invasion of privacy, it protects businesses from unlawful conduct of employees. For example, I became aware of an employee playing games on Facebook while at work. As a result, Facebook was blocked from all employee computers. 2. The power of a nation lies in its people and the beliefs they live out daily. The United States was founded on specific principles that over time was defined and became the very basis for its constitution. This document has withstood the test of time and when it fell short was amended to reflect the conscious of a collective nation. One particular part that rings true to me is “We hold these truths to be self-evident, that all men are created equal and are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. This small phrase hints at that every person regardless of socioeconomic backgrounds, ethnicity, or even gender has intrinsic value and worth. Additionally, to further drive this point home the United States constitution developed several amendments that address specific rights. I would like to focus on the 5th Amendment. The fifth amendment states “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 be a 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†(Seaquist, 2012). The fifth amendment summarized protects the individual from self-incrimination, wrongful imprisonment, and removal of personal property without just compensation. This amendment ensures due process in all areas is given. The fifth amendment helps businesses by providing protection against rogue, greedy, and unscrupulous government practices. Without the fifth amendment, business owners could be thrown into jail for perceived crimes and all assets seized for government or other entities personal gains. The fifth amendment also prevents citizens from being tried again for crimes they were previously exonerated from. The fifth amendment limits businesses from placing indictments against others without just verifiable cause. I currently serve in the military (the amendment refers to the military as militia). The military has its own justice system called the Uniform Code of Military Justice (UCMJ for short). Due to the nature of military profession good discipline and order is key to protecting civilians from would be adversaries that seek to do America harm. Understanding this simple truth, limits the military members rights. The military member has all the same rights but because of possible combat scenarios that could deteriorate into inhumane treatment of the enemy, extra rules of engagement are levied on them. About 4 years ago I had the privilege of being a part of a UCMJ proceedings. I advised the accused member of their rights and they waived them. As the interview went on, I advised the member to stop talking and invoke the fifth amendment because as he was speaking truthfully, he also was providing incriminating information that had the potential to end his career. He immediately stopped talking but the defense lawyer was not happy. He accused me of derailing his case. Long story short, the very issue the member was being accused of was later found out that he was innocent. The deceptive questioning techniques used could have caused the lost of outstanding military member. In this case the Fifth Amendment protected the military member. 3. An LLC is a business entity that is legally separate from its owners, who are known as members. An LLC can have one member or many members. Small business owners often choose to form an LLC instead of a corporation because LLCs offer more flexibility in the way they are managed and usually have fewer recordkeeping and reporting obligations than corporations. An S corporation is not a type of business entity. The S corp. designation refers to the way a business has chosen to be taxed under the Internal Revenue Code. For tax purposes, the IRS classifies businesses as sole proprietorships, partnerships, C corporations, or S corporations. There is no LLC tax classification and, therefore, LLCs are taxed as though they are another type of business. The IRS automatically taxes single-member LLCs as sole proprietorships and multi-member LLCs as partnerships. But an LLC can also choose to be taxed as a C corporation or as an S corporation. I would choose the LLC as the organizational form of my business because LLCs afford a degree of flexibility in management that corporations don’t and can be managed by their owners (members) or a group of managers. An LLC is a pass-through business entity. Profits and losses of the organization go straight through to the owners. Business income equals personal income, so the owner pays the tax on his or her personal return, and it's taxed at the individual rate. 4. The main ideas behind a business venture are to either make a profit or for humanitarian and philanthropic purposes. When deciding to start a business, there are several things to consider; including how to raise capital and the form of ownership. By taking into consideration the advantages of the various types of businesses, the individual can identify the best fit for their ideas. For example, most people starting a business prefer registering as a Limited Liability Company (LLC), due to the various advantages it comes with it. One of the reasons most people register businesses as LLC is that there is less paperwork involved in filing for this status of the company. With all the required documents, it is also easy to register a firm as an LLC. An LLC offers personal protection from an individual's asset during litigation or bankruptcy filing involving the business entity. If the owner can prove that their actions were not grossly negligent or fraudulent, the owner is protected from any losses the business may incur. Also, if a single-member entity owns an LLC, they can avoid paying taxes. The business owner can claim liability for tax purposes. Having an LLC allows the individual to take advantage of the tax benefits associated with such a business entity (Taulli 2016). In comparison to an LLC, a corporation can be public or private. A Public Corporation can be organized by local municipalities or government entities to carry out public services, and are considered non-profit institutions. Private Corporations, on the other hand, are established by individuals to carry out private services and are meant to make a profit for the people who created it. The corporation can be either chapter S- which means they are a small business corporation and are granted tax exemption by the Internal Revenue Service. In order to qualify for such a status, the business must have no more than 100 members. Also, an estate cannot represent the business; it has to be represented by an individual, and have a nonresident alien as a shareholder. Finally, a corporation S must have more than one class of stock, but voting and nonvoting classification within a category of a stock is allowed. The main idea behind a chapter S corporation is to ensure that a small business enjoys the structure and benefits of a large corporation but is not double taxed. Big corporations that have an unlimited membership, publicly traded, and have a large number of shareholders, both domestically and internationally, are considered corporation C (Seaquist & Coulter 2012). If I were to establish a business, I would prefer to register as an LLC. This is because, as a new business owner, I would prefer to save time by easily filing paperwork to get the business started. Apart from that, as an owner, I am assuming most of the risk by investing my personal funds; hence, I would like to protect all of my personal funds in the event of any litigation, or if the company incurs any losses. The ability to utilize tax deductions in order to offset some of my personal losses when filing personal taxes would allow me to recoup some of the funds I invested in the business in the long run. read Birthday Soup Scripting Dialogues Table Part 1: Scripting Dialogues Table Single-Letter and Consonant Digraphs Example: Teacher: “Today we listened to “Birthday Soup†from the book Little Bear. He is making soup for his friends in a pot with some peas. Pot and peas begin with the same sound: the /p/ sound. Watch my mouth /p/. You say /p/.†Students: “/p/†Teacher: Show students the large letter p card. Say, “this is the letter p . The letter p stands for the /p/ sound in pot and peas . Say /p/.†Students: “/p/†Teacher: “Every time I touch the letter p, say /p/.†Touch the letter p card several times. Students: “/p/†Students: “/p/†Students: “/p/†Teacher: Student: Short Vowel Teacher: Student: Long Vowel Teacher: Student: Word Building Teacher: Student: Word Building -Spelling Teacher: Student: References: Graves, M. F., Juel, C. F., Graves, B. B., & Dewitz, P. F. (2010). Teaching reading in the 21st century: Motivating all learners. Boston, MA: Pearson. Part 2: Rationale © 2016. Grand Canyon University. All Rights Reserved. CRITICAL READING STRATEGIES Reading effectively requires approaching texts with a critical eye: evaluating what you read for not just what it says, but how and why it says it. Effective reading is central to both effective research (when you evaluate sources) and effective writing (when you understand how what you read is written, you can work to incorporate those techniques into your own writing). Being an effective reader also means being able to evaluate your own practices, working to develop your critical reading skills. IDENTIFY WHAT YOU’RE READING FOR. • Knowing why you’re reading a given text can help you organize both your reading and how you can use what you read. • Before you read a text, ask and answer the following kinds of questions: Are you reading only for general content? For data? For specific information or for general thematic concerns? For arguments that support or contest your thesis in a writing assignment? For information that you know you’ll need for an assignment, or for information to get you thinking about what you’ll need? ALLOW ENOUGH TIME TO READ, AND TAKE YOUR TIME. • Reading critically is not a fast process. Many students do not set aside enough study time for reading (and rereading), and read everything either too quickly or at the same speed. If you know what you’re reading for, you can better distinguish information that can be skimmed from that which should be more closely examined, and make better use of your reading time. • Preview or survey the text before detailed reading begins, looking for clues related to its purpose, its relevance, its difficulty, and how it connects with ideas or information you already know. • Be willing to struggle with the text in order to understand it – but don’t get hung up on single, tough details in first readings. Rather, hold confusing passages in mental suspension, and continue to read with the idea that what seems difficult to understand now may be cleared up as you go along. RE-READING IS A PART OF EFFECTIVE, CRITICAL READING. • Just as having more than one conversation with another person leads to closer understanding, conducting a number of readings leads to a richer and more meaningful relationship with, and understanding of, a text. • If your first reading is for basic information and evaluation, subsequent readings can take on different levels of focus (on style and tone, on details, on examples, on intellectual or ideological tradition, etc.). • In re-reading, work to separate parts of arguments (e.g., thesis idea, evidence, preview, counterarguments) and to understand how these parts work to support the author’s thesis. ENGAGE WITH THE TEXT TO GET THE MOST OUT OF IT. • Read with a pen or pencil, highlighting key statements, parts, or points – even those you find confusing. Also, make note of words or terms you don’t understand so you can look them up later. • Note where and how the text relates to lectures or discussions, as well as general or specific questions you might wish to ask your instructor in class or office hours. • Record your own questions, points of agreement or disagreement, references to related ideas, and points at which ideas match up with each other. In other words, work to enter into a dialogue with the text, mark it up, and make it your own. ASK YOURSELF IF YOU CAN EXPLAIN BOTH “WHAT THE TEXT SAYS†AND “WHAT IT DOES.†• In other words, can you both provide a summary of key claims and theses and understand its purpose, what this text seeks to do (to report or state facts, to contest a certain idea, to persuade, to open new inquiries, etc.)? • Keep in mind that all texts filter reality – distort, persuade, and arrive at different conclusions – and that all texts are trying to change your view in some way. UNDERSTAND HOW EACH WRITER’S BACKGROUND AND PURPOSES INFLUENCE WHAT THEY WRITE. • Reading a text critically requires that you ask questions about the writer’s authority and agenda. You may need to put yourself in the author’s shoes and recognize that those shoes fit a certain way of thinking. • Work to determine and understand an author’s context, purpose, and intended audience. WORK TO UNDERSTAND YOUR OWN STRATEGIES AND TO IMPROVE THEM. • Ask yourself questions about how you read: Do you read too quickly or slowly? Do you tend to lose your focus? Can you scan for key information or ideas? • Consider the characteristics of effective reading above, in relation to those practices and strategies you already employ, to get a sense of your current reading strategies and how they might be improved.

Sample Paper For Above instruction

The Fourth Amendment of the United States Constitution is a fundamental safeguard for privacy and personal security against unreasonable searches and seizures. Its core principle asserts that individuals' rights to privacy in their persons, homes, papers, and effects are protected unless the government can demonstrate probable cause and obtain a warrant specific to the search location or items. This legal provision limits governmental authority, thus balancing law enforcement needs with individual rights. For businesses, this amendment is particularly relevant in safeguarding privacy from unwarranted searches by authorities, ensuring they are not vulnerable to illegal intrusions that could harm their reputation or operational integrity. Employees are often required to sign notices acknowledging that their work-related communications and devices, such as emails and phones, may be subject to searches when deemed necessary by their employers. These policies serve to protect employers from acts of misconduct or privacy violations by employees, as exemplified by cases where employees' personal social media activity was monitored or blocked to maintain workplace conduct (Seaquist, 2012).

The principles underpinning the U.S. Constitution reflect the nation’s foundational beliefs in equality and unalienable rights, derived from concepts articulated in the Declaration of Independence. The Constitution has been amended over time to adapt to societal changes, with the Fifth Amendment protecting individuals from self-incrimination, double jeopardy, and deprivation of life, liberty, or property without due process. These protections extend to individuals and, by regulation, influence the conduct of businesses and the military. For instance, military personnel, referred to as militia in the Constitution, are subject to a separate justice system—the Uniform Code of Military Justice—that respects rights while imposing additional rules necessary for discipline and security in combat scenarios (Seaquist, 2012). Cases involving military justice demonstrate the importance of rights protections while acknowledging the operational realities of armed service.

Business structures such as LLCs and corporations serve different strategic needs for entrepreneurs. An LLC (Limited Liability Company) affords flexibility, minimal bureaucratic requirements, and pass-through taxation—profits and losses are reported directly on owners’ personal tax returns—making it popular among small business owners seeking asset protection and simplicity (Graves et al., 2010). Conversely, corporations, particularly S corporations, are suitable for entities seeking to benefit from certain tax exemptions while enjoying the advantages of large-scale corporate benefits without double taxation. The choice between LLC and corporation depends on factors like management flexibility, tax considerations, and liability risks. If I were establishing a new business, I would prefer an LLC because it combines ease of registration, limited personal liability, and favorable tax treatment, aligning with my goals to minimize risk and streamline operations (Taulli, 2016).

Starting a business involves strategic decisions to ensure sustainability and success. It’s crucial to evaluate the advantages of different business entities and select one that aligns with financial, legal, and operational objectives. Most entrepreneurs favor LLCs due to fewer paperwork requirements, personal asset protection, and potential tax benefits. Furthermore, establishing a business for profit or philanthropic purposes requires careful planning—raising capital, selecting management structures, and understanding legal obligations are essential steps. In conclusion, a well-informed choice of business entity can significantly influence a startup's ability to operate efficiently, protect personal assets, and optimize tax obligations, ultimately contributing to long-term growth and stability (Seaquist & Coulter, 2012).

References

• Seaquist, R. & Coulter, M. (2012). The U.S. Constitution and Its Amendments. Legal Review Publishing.
• Graves, M. F., Juel, C. F., Graves, B. B., & Dewitz, P. F. (2010). Teaching reading in the 21st century: Motivating all learners. Boston, MA: Pearson