Regardless of the theoretical interpretation of this amendment, the practical effects thus far have been quite clear -- responsibilities and rights not handled by the federal government are left up to state and local governments. One of the most imp Continue Reading...
Bureaucratic Ethics If democracy and the concept of democratic governance is the foundation of bureaucratic ethics, do administrators and public officials relate to the U.S. Constitution in that sense? Are ethical behaviors by those in public offic Continue Reading...
It was during the same period that hostilities with the communist leadership culminated into the bombing of Libya, loggerheads with the Soviet Union and a stiff arms race with the U.S.S.R. It is also significant to note that it was during the same Continue Reading...
These amendments are strings of thoughts and beliefs made possible through enactment, and a new period in history is chronicled once again. Take as an example the First Amendment to the Constitution. This amendment directly concerns the Bill of Rig Continue Reading...
Ethics, Law Case, Critical Thinking Title VII of the Civil Rights Act permits retaliation claims because they help to prevent situations in which workers who are unlawfully discriminated against pursue those discrimination law suits. Were Title VII Continue Reading...
Americans are aware that they are entitled to "their day in court" but may not fully understand the full range of due process protections that are contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. To determine the facts, thi Continue Reading...
Each of these three elements of Madison's governmental plan served a different direct purpose but the combination served to ensure that government would provide order but would do so without growing out of control. The design of federalism would in Continue Reading...
These policies make offenses such as bringing weapons to school equal am immediate suspension or expulsion. However, in recent years they have been stretched to include such offenses as bringing toy guns to school or, in the case of older students, Continue Reading...
S. Constitution and to resolve issues of law and any conflicts between the laws of individual states and the Constitution (Dershowitz, 2002). Several modern cases have required the Judicial Branch to apply the checks and balances principle to uncons Continue Reading...
Constitutional Law The case of the 'Lawrence vs. Texas' of June 26, 2003, was in a nutshell about privacy rights and 'equal protection' under the law, and whether 'sodomy' can come under the protection of the U.S. Constitution. Who were the Petitio Continue Reading...
First Amendment Applications Applications of the First Amendment The First Amendment to the U.S. Constitution protects the American people against laws made by Congress that would restrict the right to free speech or a free press, however, with the Continue Reading...
Reasoning: Regardless of Ballard's religious beliefs, the Court determined (along with the original trial judge) that the only issue at hand was whether or not Ballard believed in good faith that he could heal people. The underlying religious belie Continue Reading...
During the 1960's and 1970's, violent contact with the police, resulting in force occurred during anti-war, labor and civil rights demonstrations, during a politically tumultuous time. It is safe to conclude that excessive force was used during the Continue Reading...
But the Georgia statute outlaws virtually all such operations -- even in the earliest stages of pregnancy." Roe, et al. v. Wade 410 U.S. 113 (1973) DISSENTING OPINIONS JUSTICE REHNQUIST In a dissenting opinion, Justice Rehnquist states that the d Continue Reading...
" Still, a judge has ordered the State Board of Education "not to enforce the new law while a suit filed by the father of a public school student proceeds" (Keen, 2007). Barry Lynn of the group Americans United for Separation of Church and State said Continue Reading...
.....controversy of establishing a court system at the creation of the U.S. Constitution centered on the power struggle between states and the creation of a federal, central government with its own court and ability to overrule state court decisions. Continue Reading...
Prayer in Public Schools The issue of prayer in public schools has been the subject of intense debate. That is because religious people would like for their children to be able to follow their religious teachings by praying in school but people who 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...
Tanya Trucker and Confusion Tanya Trucker and the State of Confusion In the State of Confusion, trucks that travel through must use a B-type hitch on all trucks and towing trailers, however, Tanya Trucker, who lives in another state, Denial, but mu Continue Reading...
Although here, there are not any federal statutes in place regarding truck hitches, the Supreme Court has consistently held that the language of the Commerce Clause contains a further, negative command prohibiting certain state regulation even when Continue Reading...
Excessive Use of Police Force in the State of California Excessive Force in California The objective of this study is to examine the use of excessive force by police officers in the State of California. Toward this end, this study will conduct an e Continue Reading...
Second Reconstructions One of the most dramatic consequences of the Civil War and Reconstruction was that the South was effectively driven from national power for roughly six decades. Southerners no longer claimed the presidency, wielded much power Continue Reading...
Religious Liberty as Stated in the First Amendment Religious Liberty The practical and legal ramifications of religious liberty are not difficult to determine, for they follow from the theological implications of the concept of religious liberty. Continue Reading...
8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: Affirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated Attorney General's statutory interpretation that as Continue Reading...
Corruption exists within all aspects of government, and has since early civilization. While many steps have been taken to prevent such corruption in other areas of the world, the United States has recently introduced legislation that has the potentia Continue Reading...
First Amendment of the U.S. Constitution guarantees to us freedom of speech - promises to each citizen and resident of the United States that the government will not tell us what we can or cannot say. Right? Well, mostly. While in general Americans Continue Reading...
'" (Aspen, 1997, p.95). The primary step is to change the mindset of lawyers. They have to stop believing that they run the show and instead focus them as members of a team along with the judge to ensure that the legal system works for the innocent Continue Reading...
" ("The Second Amendment," the Brady Campaign, 2006) Note how pro-gun activists conveniently omit the words referring to a well-regulated militia in their defense of carte blanche access to firearms. When the U.S. Constitution was adopted, each of th Continue Reading...
Nineteenth Century Reform The nineteenth century, particularly between 1825 and the outbreak of the civil war in 1861, the United States was in a state of reform. There were five key reform movements that made themselves present in America in the ni Continue Reading...
water in your area? ("Your perspective on water differs whether you live near the Great Lakes, in the arid west, or by the coast."(McCarthy, 2009) Outline a brief water conservation plan for your own daily use. How will these changes affect your pe Continue Reading...
Gay marriage has become one of the most controversial public policy issues in contemporary Western society. In many respects, opinions on the issue follow two particular lines of ideological allegiance, such as to the religious roots marriage as a cu Continue Reading...
Civil Liberties: Jones case is one of the major recent cases regarding civil liberties that basically examined whether the government requires a search warrant before placing a GPS device on a vehicle and tracking the movements of that vehicle. The Continue Reading...
Both the U.S. Senate and the U.S. Congress are slowly coming to the realization that they will have to address this issue which the Bush administration left behind to muddy the waters of citizen privacy rights in combination with the cases that are Continue Reading...
Personal Statement Decide what you want, decide what you are willing to exchange for it. Establish your priorities and go to work." -- H.L. Hunt immigrated to the United States when I was seventeen from Seoul, South Korea. I came not only with a kee Continue Reading...
Criminal Law Juvenile Homicide Cases: Florida v. Tate and Florida v. King In Florida v. Tate, the facts supported charging the defendant with murder as well as charging him with a variety of lesser-included offenses, including the different levels 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...
Turning Points in American History Two Turning Points and Current Impact on Cultural, Social, Economic and Political Life Two historical turning points are the Social Security Act and the 19th Amendment to the U.S. Constitution. The Social Securit Continue Reading...
Constitutionality of a Postcard-Only Mail Policy Postcard-Only Prison Mail Policy Constitutionality of a Prison Postcard-Only Mail Policy The Constitutionality of a Prison Postcard-Only Mail Policy The state Department of Corrections (DOC) has re Continue Reading...
While the issue has become a states' issue, the main objection to narrowly construing marriage as a union between a man and a woman (as the Defense of Marriage Act, 1996 does) is based on substantive due process available under the 14th Amendment t Continue Reading...
