Long, 463 U.S. 1032, 1040 (1983)) since the independence of a state court's state-law judgment is not clear. Furthermore the Court stated that the Florida Supreme Court treated state and federal law as interchangeable and interwoven and therefore w Continue Reading...
S. Congress is superior as it has an increased ability to control certain aspects of commercial operations (University of Missouri-Kansas City School of Law). Implied Powers, the Necessary and Proper Clause The United States Constitution is at time Continue Reading...
The only way, it would seem, to affect the kind of change that supporters of the initiative want is to amend the state constitution, effectively changing the law of the land. Supporters argue that this is the only viable option left, especially in l Continue Reading...
Mythology Political Issues Constitutional History: Beginnings and Changes This paper will explore the historical basis for the Constitution of the United States and the changes that have occurred both gradually and radically during short history of Continue Reading...
Magna Carta does not look like a constitution. In point of fact, it looks like a list of demands issued by hostage-takers, which in some sense it was: some kings are born constitutional monarchs, and some kings achieve it, but King John had constitut Continue Reading...
Criminal Law Foundations Evaluation Criminal Law Foundations Paper Constitution signifies different political contexts safeguarding the well-being of the citizens, as well as, the convicts in the state. The constitution gives an integrated model of Continue Reading...
At this point in time, there is growing support for the idea of universal access to healthcare. In fact, President Obama was able to draft and secure the passage of a healthcare law that is the first step towards universal access in the United Stat Continue Reading...
Human Rights Should Australia Have a Bill of Rights? Back between 1992 and 1994 in Australia, the Human Rights and Equal Opportunity Commission together with the Australian National University (ANU) which was a center for Public Law made a publicat Continue Reading...
Federalist and Anti-Federalist Review Federalist papers were written in support of the ratification of the U.S. constitution while anti-federalists were written in opposition of the same. The most important papers in federalist series were paper 10 Continue Reading...
Gay Marriage Many same-sex couples want to be granted the right to legally marry. The reason is simple: They are in love with each other. They want to honor their relationship in the greatest way society has to offer, by making a public commitment t Continue Reading...
Marbury v. Madison Supreme Court Case Study Every year Supreme Court provides decision in cases that really impact the American citizen's rights. The aim of this analysis is to keenly check cases handled by the Supreme Court and the way they were g Continue Reading...
Articles of Confederation has gone down in history and always will be known for the absolute failure that it was. In 1777, there was a need to lay a foundation or formulate a balanced government in accordance with the ideals of the American Revoluti Continue Reading...
They were required to subscribe to the religious views of the Church of England, and in very recent history at that time, faced torture, long-term imprisonment in dungeons, and death by various gruesome means for demanding religious autonomy. Furthe Continue Reading...
Gun Control 2nd Amendment The Second Amendment of the U.S. Constitution reads, "A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed." It is argued, rightful Continue Reading...
Government Changes post-Revolution War vs. post-Civil War Close examination of the reasons for and the results of the Revolutionary War and the Civil War forces me to disagree with McPherson's position that more radical change in government occurred Continue Reading...
But there is ample evidence, as documented in our recent report that unfettered access to registries can and does lead to extensive harassment and sometimes violence against former offenders (Fellner, 2007). Highly publicized cases that deal with t Continue Reading...
Northern states hoped that slavery would eventually prove unprofitable and wanted the Constitution to ban the (external) slave trade. This would not have banned slavery outright, merely banned the import of new slaves. The Constitution gave congres Continue Reading...
Hence, while ratifying the U.S. Constitution, the Virginia convention passed a resolution specifying: "That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people trained to arms, is the prop Continue Reading...
The Electoral College could easily lead to the election of a President that does not have the popular support of the entire nation (Amar pp). Moreover, many believe that the clauses of the U.S. Constitution that provide for the electoral system sho Continue Reading...
Only the Eighth Amendment truly applies to the post-conviction treatment of a criminal defendant, by prohibiting cruel and unusual punishment. There is nothing about being confronted with victim impact statements that is either cruel or unusual. Whe Continue Reading...
features and facts of a lawsuit, which establishes the right to privacy as declared in the American constitution. It highlights a conflict between a statute of the State of Connecticut and various Amendments in the American constitution. Facts of t Continue Reading...
James MadisonPersonal BackgroundJames Madison was born on March 16, 1751, in Port Conway, Virginia. He grew up in a wealthy family, with his father, James Madison Sr., being the largest landowner in Orange County and a prominent planter. Madison was Continue Reading...
Criminal Justice Agency The American legal system is very systematic and works amazingly well. It's complicated given its intricacy as its framework is argumentative. The Supreme Court sometimes changes the law as it holds that authority. The Suprem Continue Reading...
Gun Control Guns can be easily hidden by anybody carrying them: they are tools of choice for individuals who opt to use them for self-defense. Unfortunately, they are also the tool of choice for criminals. Since guns are easy for criminals to steal, Continue Reading...
Most nations have let slip the opportunity, and have been compelled to receive laws from their conquerors (Paine). Democracy, the republic, voting, the Supreme Court, debate, etc. are no longer foreign concepts -- the great American "experiment" of Continue Reading...
Appeals If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime. Although there are is no constitutional right to appeal convic Continue Reading...
So, who was right? Well, it seems that history has taught us again and again that in certain conditions, humans do express their evil and competitive natures (e.g. fascism, genocide, etc.); but that in other situations, the species can be incredibly Continue Reading...
45, for instance, where he argues that "the State governments may be regarded as constituent and essential parts of the federal government; whilst the latter is nowise essential to the operation or organization of the former. Without the interventio Continue Reading...
Historically, since the end of the Vietnam War in 1975, Cambodia has suffered under the oppression of dictators such as Pol Pot, who instituted Communism and its related rights violations of law. As a result, the question of the future of Cambodia h Continue Reading...
" (Quoted in Hillary Goodridge & others v. Department of Public Health...") Implementing the Court's decision, Massachusetts made same sex marriage legal in the state on May 17, 2004; it is thus far the only state to do so. Most other states have Continue Reading...
People In 1863, President Abraham Lincoln delivered a brief but stirring speech while the country was in the process of tearing itself apart in a civil war. During that speech President Lincoln stated a phrase that has helped to capture what democr Continue Reading...
Catholic church and public policy have remarked that the members of American clergy in general, without even excepting those who do not admit religious liberty, are all in favour of civil freedom; but they do not support any particular political syst Continue Reading...
Radical Whig Ideology The radical Whig movement began with the writings of two individuals. John Trenchard and Thomas Gordon were outspoken members of the Whig Party and were responsible for many written attacks on the king and the English governmen 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...
Statutory Law Define Common law. Include examples and what U.S. Constitution amendments were implemented to protect the rights of businesses and organizations. Common law is based upon the decisions from previous court cases. They are binding in a Continue Reading...
Murder and Injustice in a Small Town Death sentence Are you innocent until proven guilty? The constitution of the U.S.A. has the provision of being treated as though one is innocent until the due process of the law takes its course and one is prov Continue Reading...
Furthermore, the Supreme Court (and the Texas district court also) relied on a judicial invention introduced in the earlier Griswold and Eisenstadt decisions: namely, the penumbra of privacy that was said to "emanate" from the Fourteenth Amendment Continue Reading...
As Treanor emphasizes, "What appears to be a puzzling, unconvincing, and uniquely aggressive exercise of judicial review was fully consistent with prior judicial decisions in which courts had invalidated statutes that trenched on judicial authority Continue Reading...
Like many other of the court's death penalty cases, Roper was a close 5-4 decision of the nine justices (p. 58)." It is interesting to note that this decision by the Supreme Court concerning the death penalty and individuals under the age of 18 wou Continue Reading...
S. Constitution began yet another short-lived experiment with prohibition, only this time it was on a national level. When it went into effect in January 1920, efforts to repeal the 18th Amendment began almost immediately. In a whirlwind of legislati Continue Reading...
