The Fourteenth Amendment is specifically concerned with due process. Moreover, while due process may not be violated by allowing states to establish different guidelines for their criminal trials and procedures than those established in the federal Continue Reading...
S. further supporting exclusion of targeted populations. During this time frame many states passed laws that prohibited certain nationalities from owning land in that state or any other real property as well. The 14th amendment which provides equal Continue Reading...
Clause The Taking Clause, located in the Fifth Amendment of the United States Constitution is a powerful and interesting section of the written law. In the formation of this country, the founders and architects of the nation arrived at certain ques Continue Reading...
Protecting Liberty Individual rights Bill of Rights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Continue Reading...
Appeal System The appeal of a sentence or verdict in a criminal case is governed by statute. Consequently, the appeal represents the first opportunity that a convicted federal criminal may seek to contest a conviction or sentence. The appeal allows Continue Reading...
Another author notes, "An increasing number of Americans worry that the presidency has grown too big, too powerful, and too menacing. Yet we also want the government -- chiefly, the president -- to 'do more'" (Healey, 2008). The people rely on the p Continue Reading...
They are occasionally informed too poorly to make an opinion, or are simply uninterested in some aspects of politics. Public opinion used to be measured through voting, letter writing, and demonstrating. However, those who write letter and demonstra Continue Reading...
The student journalists sued, citing the Tinker standard (Hazelwood School District v. Kuhlmeier, 1988). The issue in this case, while similar to those of Tinker and Fraser, differed in that the question was not about "obviously inappropriate" lang Continue Reading...
law cases (Corporate Law Issues cases) Trustees of Dartmouth College v. Woodward, 17 U.S. 518 (Wheat) (1819) The Court had to decide whether "the act of incorporation . . . creat[ed] a civil institution, to be employed in the administration of the Continue Reading...
Qualification and Selection In every case, both New Jersey's and Texas' courts strive to achieve one thing: justice. To achieve justice, our courts must be independent, open and impartial. To selection and qualification process must therefore be ver Continue Reading...
Rick manipulates the law and the legal system for personal gain and aggrandizement, just like Ben Addison, and watching these characters enjoy these manipulations is what creates enjoyment on the part of the reader as a sort of naughty thrill. One Continue Reading...
The Court reversed the decision of the United States Court of Appeals for the Second Circuit and remanded the case for dismissal with no prejudice; it overruled the Court of Appeals verdict and prepared the dismissal of the case, allowing Padilla to Continue Reading...
To become a senator, a person has to be at least 30 years of age and should have been a citizen of the U.S. For a minimum period of nine years at the time of election. Also, he or she has to be a resident of the state from which he or she is electe Continue Reading...
Campaign Finance Ongoing Issues in Campaign Finance Reform: Political Freedom and Recent Supreme Court Rulings The issue of campaign finance reform comes and goes as a focal point of national attention, and though recent economic events have eclips Continue Reading...
On pages 88-89, right in the middle of a 1972 national debate of this issued, Greenhouse reports that Justice Blackmun was given the job by his colleagues of writing a draft opinion on Roe v. Wade. How was a doctor to know if "death was imminent" sh Continue Reading...
federalism in the U.S. Federalism in the United States through Supreme Court decisions Printz v. United States and Garcia v. San Antonio Metropolitan Transit Authority One of the most obvious environments in which the issue of federalism and anti Continue Reading...
Bill of Rights and Today's Criminal Justice System The administration of justice and security in America is based upon Constitutional powers, originally drafted in the Bill of Rights. While the Constitution has been amended several times since its i Continue Reading...
Counter-Terrorism and Social Media: Freedom vs. Security The United States prides itself to being the most democratic nation of the world, with the highest respect for the human being, for its values, norms, and dreams. At the same time, before 9/11 Continue Reading...
Death Penalty Evolution of the Death Penalty in Supreme Court Jurisprudence Capital punishment has been in existence for centuries. As early back as the Eighteenth Century B.C., the use of the death penalty was found in the Code of King Hammurabi ( Continue Reading...
First Amendment Cases There are several provisions in the First Amendment to the United States' constitution, all of which have been implemented in various court cases. In Engels v. Vitale, which centered around the legality of a mandated school p Continue Reading...
Stenhouse demonstrates remarkable insight into the gender roles and norms that plural marriage entails. The marriage is qualitatively different than a monogamous one. As Stenhouse notes, the husband "aims to be looked upon more as a ruler than as th Continue Reading...
Right to Die For the last few decades, the issue of a person's right to choose the time and method of his or her own death has been one of passionate debate in the United States, with emotions running high on both sides of the controversy as the mea Continue Reading...
Powell was followed by the Court's decision in Brown v. Mississippi which threw out the coerced confession of a defendant in a state criminal case and was a harbinger of what would occur in the early 1960's by the Supreme Court led by Chief Justice Continue Reading...
For their own good and that of their classmates, public school children are routinely required to submit to various physical examinations, and to be vaccinated against various diseases." Testing student athletes for drugs was necessary, said Scalia, Continue Reading...
When Brown vs. Board of Education came to the courts the judges ruled that the school law allowing "separate but equal educations" was unconstitutional which set the stage for the later examination of special education students being "separate but Continue Reading...
However, Justice Vinson went further, adding his historical comments to Gaines by saying that the Fourteenth Amendment rights were "personal' which meant that "it is no answer... To say that the courts may also be induced to deny white persons righ Continue Reading...
Sutherland wrote "No attempt was made to investigate. Defendants were immediately hurried to trial...." The Court noted that "a defendant, charged with a serious crime, must not be stripped of his right to have sufficient time to advise with counse Continue Reading...
They should not expect taxpayers to carry religious as well as general education. Quality of education is another concern altogether. Everybody has the right to a high quality of education. But specific education such as religious instruction should Continue Reading...
Kelo V. New London Judicial Activism Kelo V. City of New London and Judicial Activism Kelo v. City of New London, 545 U.S. 469 (2005) analyzes the issue of eminent domain and the circumstances under which a city or government can use this to seize Continue Reading...
As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded Continue Reading...
Mapp V. Ohio Over the centuries, there has been considerable debate as to the application of the Bill of Rights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government Continue Reading...
To prove either side of the argument, the sensitivity and impact needs to be assessed -- there is no blanket rule of everything being transparent, or everything being private; it is dependent upon the sensitivity and overall impact of the issue at h Continue Reading...
The framers did not mention police departments or other local governmental units, which has led to some misconceptions about the right of people to arm themselves when protected by municipal government agencies. However, this is because municipal po Continue Reading...
" (Potter, 1999) Supreme Court finally strikes down juvenile executions On Mar. 1, 2005, the U.S. Supreme Court struck down once and for all juvenile executions in the United States, abandoning nations such as Nigeria, Congo, China, Pakistan and ot Continue Reading...
Therefore, the claim asserted by Respondents and sustained by the court below would, in practical effect, amount to a right not to be tried at all for an offense against the U.S. armed forces. 339 U.S. 763, 782 (1950). The Court examined the issue Continue Reading...
If Chief Justice Hughes and his five aged associates had chosen to remain, the membership of the court would have been enlarged from nine to fifteen" (Pusey 1995). A small group of constitutional lawyers advised Roosevelt in the construction of the Continue Reading...
The statistics also show that plea bargain decisions are biased against black defendants. The United States for example entered into a plea bargain with forty-eight percent of white defendants, while doing so for only twenty-five percent of black de Continue Reading...
Jacksonian Democrats During antebellum America, the Jacksonian Democrats were created. This was a group that viewed themselves as protectors of the common people. A powerful executive whose goal was to destroy aristocracy in America, Andrew Jackson, Continue Reading...
Confusion Hypothetical: Can the State Enact a Statute Requiring a Specific Tow Hitch? Facts: Tanya Trucker is a trucking company owner who resides in and/or operates her business in the state of Denial. Her trucking business operates in the state o Continue Reading...
