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...
455 U.S. 904 (1982), illustrates one of the scenarios of a taking. The Court did not require a physical intrusion by the government here, but the placement of items was sufficient for a Taking without just compensation. The character and manner of t Continue Reading...
Terra Nullius Great Britain colonized Australia in 1788. It is been estimated that there were between 300,000 to 750,000 native inhabitants on the continent and at that time (Russell, 2005). English Common Law forbade colonization of any area inhabi Continue Reading...
Fifth Amendment of the U.S. Constitution governs the issue of double jeopardy and states in pertinent part, "No person… shall… be subject for the same offense to be twice put in jeopardy of life or limb…( )." The Amendment was a co Continue Reading...
Changing Abortion Guidlines Abortion and the constitution Changing abortion guidelines Abortion is the deliberate termination of human pregnancy; this process is performed the first 3 weeks of pregnancy. According to Roe v. Wade it states that a w Continue Reading...
The Constitution is based on several key principals the most notable would include: separation of powers as well as checks and balances. Separation of powers is when there are clearly defined powers that are given to the various branches of: the gov Continue Reading...
political framework of EU and OCT European Union (EU) and Overseas Countries and Territories (OCTs) are in association with each other via a system which is based on the provisions of part IV of the Treaty on the Functioning of the EU (TFEU), consi Continue Reading...
Fourth, a small but significant controversy surrounds the timing of the proposed amendment and its inevitable link to "the Governator." The first issue, regarding the sacrosanct nature of the constitution, is one of the easiest to address. While am Continue Reading...
Due Process and the Significance of Interpretation The concept of "Due Process" is a uniquely American one, the significance of which has changed as much as has the societal and political times of the American nation. Today, some critics argue that Continue Reading...
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...
Hammurabi Comparing the Code of Hammurabi with U.S. Law The Code of Hammurabi dates back to the second millennium BC (approximately 1772 BC). Consisting of 282 laws, Hammurabi's Code became the rule for ancient Babylonians, just like today's Americ Continue Reading...
It also illustrates how many of the same human rights that the U.S. Supreme Court has interpreted and applied are protected by others in a similar way." (Youm, 2007) It is noted that Louis Henkin stated of the U.S. constitutional system and interna Continue Reading...
Fourth Amendment The United States, as a society, is based upon principles of which other nations in today's world can only dream. Most Americans are proud to admit their heritage, their citizenship, their identity. This "americanness" is fostered b Continue Reading...
Constitutional RightsIntroductionThe Constitution of the United States is an enduring document that has been the subject of much analysis and interpretation. The document establishes the framework for the federal government and guarantees certain rig Continue Reading...
Business Law Describe the "Commercial Clause" in the United States Constitution and explain how its scope and meaning has been interpreted by the courts. Referring "to Article 1, Section 8, Clause 3 of the U.S. Constitution," the Commercial Clause Continue Reading...
Hate Speech Constitutionality of hate-speech laws and legislation College campus hate-speech codes, Fighting words; hate symbols State interest in regulating hate-speech, Arguments for and against such laws and codes, First Amendment protection 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...
" Thus, the members of the Convention assumed that, although power was a necessary evil, it was also dangerous, especially when provided to the wrong person who might take advantage of this power for his own gain. In essence, the members attempted t Continue Reading...
The decision went further to suggest that, "even if possession were to be allowed for other reasons, any law regulating the use of firearms would have to be "unreasonable or inappropriate" to violate the Second Amendment." (Oyez Project, 2008). Had Continue Reading...
Some of these methods include plea agreements and the disclosure of incriminating evidence, along with witness testimony. Thus, defendants' rights do not tie the hands of officers and the courts because officers and the courts have an arsenal of way Continue Reading...
The British came to impose serious taxes as a result of the French Indian war. These in turn were unacceptable to a people which considered itself not to be responsible for the causes of the war. The confrontation had been in fact another matter of 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...
Polygamy On the surface, and with the most shallow of analyses, polygamy would seem to be protected by the First Amendment freedom of religion clause because polygamy in the United States is mainly a phenomenon among specific religious groups -- nam Continue Reading...
Governments of Eastern Hemisphere nations Families, clan and tribal groups act to maintain law and order As settlement patterns changed, new political developed to meet the complex needs of society. Through time, the people have held different a Continue Reading...
A sea of buildings would cover the Island of Manhattan, and the iron tentacles of urbanization would extend outward over hundreds of square miles, even into distant Riverdale in Westchester County - the once rural site of Wave Hill. The picturesque Continue Reading...
In all ways, Bush sought to rule the United States like a king. Conclusion. We have seen but three of the many ways President Bush, and his puppetmaster, Vice President, Dick Cheney, sought to, and did, expand the power of the presidency. Other ex Continue Reading...
The Appeal Court reversed the decision declaring that 922(q) is invalid as it interfered in state matters. The Federal government did not have the right to interfere in matters such as possession of firearms in or near a school. The significance of Continue Reading...
" For most this is generally seen as a reference to the Federal Judiciary. One thinks of the Warren Court, and the great number of decisions concerning civil rights, voting rights, etc. It is often not realized, however, to what an extent state judge Continue Reading...
Why American Democracy Has Failed and Why the Anti Federalists were Right Introduction The Declaration of Independence, written in 1776, asserted that “all men are created equal.”[endnoteRef:2] It was an Enlightenment notion: Thomas Paine Continue Reading...
Supreme Court and Public Opinion The Supreme Court of the United States was established in 1789 as part of the basic three sections of the American governmental system: Executive (President and Staff), Legislative (Congress), and Judicial (Supreme C 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...
S. COURT SYSTEM FUNCTIONS (http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm)." The highest tier of this federal system is the United States Supreme Court. This court has nine Supreme Court Justices who are appointed for the term of their li Continue Reading...
powers of the presidency are listed and outlined in Article II of the Constitution of the United States. In a relatively brief explanation of the executive branch, the Constitution's framers present a vision of a president with very specific and lim Continue Reading...
CIV S-90-0520 LKK JFM P, 2009 WL 2430820 (E.D. Cal. Aug. 4, 2009). (2010). Harvard Law Review, 123(3), p.752-759. This article discusses the civil rights case Coleman v. Schwarzenegger wherein the plaintiff sued California Governor Arnold Schwarze Continue Reading...
Oregon Supreme Court lately endorsed a disciplinary damage verdict for trespass stemming from an ecological remonstration. Even though the law at present authorizes disciplinary indemnity for trespass, this Memorandum makes a case that an instructio Continue Reading...
These words, 'necessary and proper,' in such an instrument, are probably to be considered as synonymous. Necessarily, powers must here intend such powers as are suitable and fitted to the object; such as are best and most useful in relation to the e Continue Reading...
Executive Branch Authority to Conduct Foreign Affairs Executive Power is vested in the President of the United States by Article II of the Constitution. Article II, Section 1, Clause 1 of the American Constitution, called the 'Executive Vesting Clau Continue Reading...
" Prohibiting "a bill of attainder" means that the U.S. Congress cannot pass a law that considers individual or aggregation blameworthy and later discipline them. Disallowing an ex post facto law implies that the U.S. Congress cannot make any given a Continue Reading...
In return, Lincoln denounced Garrison and other abolitionists as "zealots" who would destroy the Union and dismantle the constitution for their cause. In summary, DiLorenzo challenges the very foundations of classical Lincoln scholarship. He paints Continue Reading...
