Constitutional Rules IS OUR CONSTITUTION A "LIVING" DOCUMENT? Americans are hugely proud of and greatly revere their Constitution, and so does the rest of the world stand in awe at the economic and political might of the United States in adherence Continue Reading...
Constitutional Rights of Prisoners The hands off doctrine that existed throughout the United States through the 1960s was the notion that the law did not apply to prisoners. It Convicted offenders, who were incarcerated, were not eligible for the sa Continue Reading...
Constitutional Law Debate: The Legislative Branch The Legislative Branch of government is the most powerful for many reasons. Of course, there would be people who would argue against that and state that other branches are more powerful because of sp Continue Reading...
Kennedy referred to international as well as domestic standards in defense of the court's majority opinion. He wrote: "Our determination that the death penalty is disproportionate punishment for offenders under eighteen finds confirmation in the sta Continue Reading...
" (Redish and Phillips, 1979) the relationship is not as clear between the standard and balancing test that the court used in the Hanna and Byrd case. (Redish and Phillips, 1979; paraphrased) Burbank (1934) states in the "Rules Enabling Act of 1934" Continue Reading...
Nelson -- the decision in which was binding on all lower courts -- was decided in favor of the state law in Minnesota banning same-sex marriages (UMT 2010). Conclusion The issue of the rights of gay, lesbian, and transgendered people are still in Continue Reading...
The prima facie evidence provision in this statute blurs the line between these two meanings of a burning cross. As interpreted by the jury instruction, the provision chills constitutionally protected political speech because of the possibility that Continue Reading...
To date, President Bush still asserts the authority to hold enemy combatants with little or no chance of having their case heard before a court. However, some strides have been made to curtail the president's assumed power. In June, the Supreme Cou Continue Reading...
In addition to the argument that the law's requirement of hanging the Ten Commandments is contrary to a country with no established religion, the commandments were also serving no functional purpose but a religious one. In many schools, the teachin Continue Reading...
However, the courts did find that police officers at any time may be forced to appear in a lineup, although this constituted a seizure of the officer's physical person. Explain how the free exercise of religion can pose problems for criminal justic Continue Reading...
According to National Public Radio, after U.S. forces invaded Iraq in March of 2003 Blackwater received another contract, to provide security, as mentioned in the introduction. A terrible incident happened in 2004 in the city of Fallujah, Iraq. Four Continue Reading...
Georgia (428 U.S. 153). In that case, the Supreme Court finally ruled specifically that capital punishment was not inherently necessarily cruel or unusual, and therefore, was not a violation of the Eighth Amendment in and of itself (Schmalleger, 200 Continue Reading...
Constitutional, Legal and Ethical Issues in Criminal Justice Police abuse remains one of the most serious and divisive human rights violations in the United States. The excessive use of force by police officers, including unjustified shootings, seve Continue Reading...
In the case, Carty was a passenger of a vehicle operated by another individual. The vehicle was stopped for speeding, and the driver of the vehicle was asked to sign a form of consent to search the vehicle. During the search, the officer did a pat d 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...
Constitutional Democracy / Presidential or Parliamentary System Social and Economic Sources of Democracy For the successful development of a democracy, two major factors come into play regarding the sources of said democracy. Of course, some of the Continue Reading...
Following In Re Marriage Cases, a group of protesters gathered enough signatures in order to place a constitutional amendment on the ballot in November, 2008. The amendment set out to limit marriage in California to opposite-sex couples. However, th Continue Reading...
If Harry had been stopped at a sobriety checkpoint, the outcome of his case would be dramatically different. The Supreme Court has determined that sobriety checkpoints are legal, as long as they are conducted in a neutral manner. Stopping all appro Continue Reading...
" (GAO, 2006) Issues involved are stated to include "the dispersal of residents in low-income communities to other neighborhoods or cities." (GAO, 2006) it is stated that an inherent right of "sovereignty, eminent domain in a government's power to ta Continue Reading...
His presence at the premises was a product of the coercive interrogation rather than any freely-given consent to search secured through legal means. The State will argue that no warrant was required for Hardbutt to search the premises because Hipho Continue Reading...
After that great war, the black soldiers of the very nation that liberated Europe and Asia from murderous dictatorships returned home to social rules that prohibited their sharing water fountains and food services next to the white majority (Nevins Continue Reading...
The court held that the district court's refusal to reopen the case and receive additional evidence after the remand from the court was not error. The court did not remand with directions to reopen the case and retry it. The only direction was that 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...
Reforms in France and Germany Divided Government and Constitutional Reform When it comes to government, there are many forces within the framework, which influence political change for a nation and its people. When it comes to the governments of Ge Continue Reading...
Rowan County, North Carolina had a prayer policy that was aligned with Christian norms as well as the prevailing values of freedom and liberty in the United States. The policy pertained to the opening ceremonies before public meetings, which include Continue Reading...
In the case of Bowers v. Hardwick the United States Supreme Court failed to strike down Georgia's sodomy laws, as they applied to homosexuals, because rather than treat the matter as one of privacy rights, the court instead viewed the case from the Continue Reading...
Limiting Constitutional Rights to Bear Arms The capital issue in the hypothetical court case detailed within Application 1.2 is the boundaries for limitations on the personal right to bear arms. Those boundaries are unclear in this case, because the Continue Reading...
CONSTITUTIONAL LAW AND POLICY FactsAli Hussein Akbar is a Jordanian citizen who was captured abroad and imprisoned as an enemy combatant at Balad Air Base in Iraq. Balad Air Base is controlled by U.S. military forces. Mr. Akbar filed a writ of habeas Continue Reading...
Law Is a Reflection of the Morality of the Time: The evolving judicial interpretation of the Constitution Constitution has become such a respected document and holds such an important place in American life it is often conceptualized as a transcen Continue Reading...
The Supreme Court ruled that the Federal government lacked constitutional authority, mandated by the Fourteenth Amendment, to outlaw racial discrimination by private individuals and organizations. The court ruling stated that the Civil Rights Act of Continue Reading...
The 8th Amendment and Prison Life Not all of an individual’s Constitutional rights are lost the moment the person is incarcerated. On the contrary, it is there that they become more important than ever because it is in the penitentiary that ind Continue Reading...
The First Amendment The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people p Continue Reading...
Earl M. Maltz, Dred Scott and the Politics of Slavery. University Press of Kansas, 2007. Eric Maltz's book Dred Scott and the Politics of Slavery is a standard history of the key issue of slavery in the western territories in the United States from Continue Reading...
Constitutional Structures of U.S. And Canada In a well-organized essay of no more than ten double-spaced, typewritten pages: Describe the essential differences in the constitutional structure of the central government in the United States and Canad Continue Reading...
Constitutional Models and Political Parties Constitutionalism and noble representative government are concepts and practices that have existed longer than the American Republic. The existence of these concepts provided the foundation for the formati Continue Reading...
Exclusionary Rule excludes tainted evidence from some criminal proceedings, the rationale being protection of 4th, 5th and 6th Amendment rights by control of law enforcement behavior. However, there are a number of exceptions to the Rule for various Continue Reading...
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue. Domicile Domicile is one of the key factors in choice of law. Domicile is not the same as loc Continue Reading...
Exclusionary Rule The Future of the Exclusionary Rule The first 10 amendments to the U.S. Constitution, otherwise known as the Bill of Rights, were designed to protect citizens against abusive state power. These protections include preventing the g Continue Reading...
The foundation of these limits is the need to protect the privacy of the individual and control police behaviors. Conclusion: In the three cases, the application of the provisions of the Fourth Amendment could have been helpful in ensuring that th Continue Reading...
New Zealand Constitutional Arrangements NEEDING REFORM New Zealand's Constitutional Arrangements A truly effective and relevant Constitution must completely reflect the values and norms of society's leaders and their followers (CAC, 2005). Prime m Continue Reading...
