Judicial activism has had a profound effect on American society. Some examples of judicial activism include: Brown v. Board of Education—the 1954 Supreme Court case in which the Court ruled that segregation was a violation of the Constitution a Continue Reading...
Understanding the Judiciary: Activism, Restraint, and PowerThe judiciary is one of the three main parts of our government, and its role is to interpret and apply the law. However, people do not always agree on how it should do this. Some people think Continue Reading...
President be Allowed to Appoint a New Supreme Court Justice? The current president should be allowed to appoint a new Supreme Court Justice. The Constitution of the United States of America, Article II, Section 2 of the Constitution, vests in the p Continue Reading...
For example, the EP has the right to bring an action for failure to act, and can also take action to have the ECJ review acts of the Council or the Commission. Despite those protections, the ECJ determined that the legal remedies provided for in th Continue Reading...
Federalist What is a faction? Where in modern American politics do we see factions? How does Madison propose to quell the impact of factions in government? In Federalist 10, James Madison discussed the types of factions, parties and interest groups Continue Reading...
Judicial activists like Chief Justice Earl Warren used their power to invoke the Constitution in social changes like school desegregation. They believe the government must stay current with the times and change, rather than become archaic. Capital Continue Reading...
The first amendment to the Constitution in the Bill of Rights states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This provision has been the justification for entirely removing Continue Reading...
Prevailing Legal Theory in the United States Today Common legal theories in the United States today The most commonly-espoused legal theories in the media today are those of 'strict construction' and 'broad construction' (otherwise known as 'judic Continue Reading...
Graham vs. Florida Focal Point Analysis There are many issues involved in the Supreme Court decisions especially with regard to the Constitution. One important assumption is that the court is moving to create a situation where the rights of humans a Continue Reading...
1st Amendment Issues A highly controversial decision rendered on January 21st of this year by the Supreme Court, affirming the right of corporations and other organizations to enjoy consideration as "persons" and the 1st amendment protections affor Continue Reading...
Living Constitutionalism As the leader of the free world, the United States remains in the limelight as the rest of the world keeps a keen eye on how they conduct their affairs. As it appertains to constitutional interpretation, the U.S. has a sound 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...
California Proposition 8: Same Sex Marriage The equal right to marry for same-sex couples in the United States has acquired growing public support over time, with a quantity of state-level laws passed and others presently up for debate. Proposition Continue Reading...
growth and use of the First, Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution using the modern day criminal justice system. According to Webster's dictionary of Law, Judicial Activism is defined as: "The practice in the judiciary of 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...
Civil Rights for LGBT Gay Marriage Stacy E. Kratz, LCSW, CAP Issue, Policy, Problem In socio-political countries such as the United States, the strategic and tactical choices existing to defend one's rights and advocate for social change are comm 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...
Competency 1 Historical problems were managed in the evolution of the U.S. Constitution through the working out of the system of rights that the states would have vs. the rights that would belong to the federal government. In the early days, it was v Continue Reading...
policy, law and management. It is based on a particular background that has been provided. Law, Policy, and Management Brief: Models of Court-Agency Interaction Courts play a very significant role as they interact with administrative agencies. Adm Continue Reading...
Supreme Court Chief Justices Warren and Rehnquist Compare and contrast approaches to criminal procedures by U.S. Supreme Courts: The Warren vs. The Rehnquist Court A common philosophical debate within the legal community is when the approach advo Continue Reading...
He attacked the underlying premise of the decision, saying that, "A constitution is not intended to embody a particular economic theory… It is made for people of fundamentally differing views" (Paul 74). He viewed the Court's opinion in a dang Continue Reading...
In fact, during the 1787 Constitutional Convention, Slonim notes that the need for a bill of rights was not even a topic of discussion until Virginian delegate George Mason raised the issue just several days before the Convention was scheduled to ri 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...
For example, in 2005, an inmate sought access to an abortion, which was initially denied. "The U.S. Supreme Court unanimously ruled, without offering opinion, that the woman be allowed to have [an] abortion." (Dawe). The court did so, despite the fa Continue Reading...
Court Opening Argument It is humbly submitted to the Hon'ble Court that this respondent as per the issues and syllabus cited submit that the issues of the litigation pertain -- not only to the law of marriage, but also to the recognition if it must Continue Reading...
Though six other Justices joined in overturning Staples' conviction, it was Justice Thomas who wrote the majority opinion, and he makes it clear that anything not explicitly allowed or made illegal by the law -- either in the Government's actions or Continue Reading...
But sometimes the victims themselves are afraid to voice their grievances in the public because speaking up entails shame, ostracization, and even extra-judicial killings. The victims can express their grievances in public "only at certain times and Continue Reading...
Discrimination and Affirmative Action "Firefighting is a skilled job where all of the skills learned are on the job… It's a really good job, and it's been racially exclusive in most of our major cities…" (John Payton, NAACP) (Liptak, 200 Continue Reading...
FISA's recent rise to fame has been due to attempts by the Bush Administration to apply the law as justification for warrant-less wiretaps of U.S. citizens in apparent disregard of their Fourth Amendment protections. This issue will be examined in m Continue Reading...
William Howard Taft -I Brief Biography of Life Before the Supreme Court- In this section you should outline the "life and times" of your chosen subject, placing emphasis on key events in that person's life that may have led them to pursue a career Continue Reading...
The milestone that the Civil Rights Movement made as concerns the property ownership is encapsulated in the Civil Rights Act of 1968 which is also more commonly referred to as the Fair Housing Act, or as CRA '68. This was as a follow-up or reaffirm Continue Reading...
These responsibilities notwithstanding, the American public was already being conditioned to view the war in Iraq as a battle against extremists, that is, against the Islamist radicals who had threatened the "American" way" of life on September 11, Continue Reading...
Kennedy and the Civil Rights Movement John Fitzgerald Kennedy, or JFK, served the President of the United States for less than a single full term in the early 1960s after serving in Congress for several terms before this. He was elected in 1960 and Continue Reading...
For example, he voted to require that schools utilize resources to support religions activities if they designate resources to non-religious activities (Board of Education. v. Mergens, 1990). Further, Zelman v. Simmons-Harris (2002) called for vouch Continue Reading...
Shell Oil in Nigeria Discussions on economic hardship, environmental devastation, and political corruption in Nigeria always seem to come back to the Dutch Shell Oil Company. The company is charged by activists and Wiwa as influencing the Nigerian Continue Reading...
This, of course, would represent one aspect of the resentment served to Salinas. The other aspect would be the significant impact of the economic crisis and the continued devaluation of the Peso. These things reflected on the ineptitude of a party s 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...
Government The Trafficking Victims Protection Reauthorization Act Final Project / Dissertation Degree: Juris Doctorate Specialized Major: Specialization: Constitutional Law Full Address: The Trafficking Victims Protection Reauthorization Act Continue Reading...
(State law did allow the segregation of black, Asian, and Indian children.)" (Espinosa, 2) In other words, even though the decision would reflect a positive push forward for those involved in the Lemon Grove Incident and for Mexican Americans of the Continue Reading...
