The United State’s government is attempting to limit the rights of the states once again, this time while also violating the commerce clause. Now, the United States Government is trying to tell my state of Montana, among others, that we cannot create our own firearms laws and that we must follow the federal government’s. The weapons were made and sold within the state of Montana, so we should have say about what laws are placed upon these firearms. To regulate our products made in the great state of Montana, the federal government is undermining the meaning of the commerce clause. The clause has to do with interstate commerce, not intrastate; therefore, defining it as intrastate as well as interstate practically means that the 10th amendment is useless.…
James McCulloch v. State of Maryland 17 U.S. 316 Supreme Court of the United States Certiorari to the Maryland Court of Appeals Decided March 6, 1819 Facts and Procedural History: In 1816, Congress established the Second Bank of the United States, which became active in Maryland. In 1818, the Maryland legislature passed an Act to tax any bank not chartered by the Legislature of Maryland, thus taxing the U.S. Bank. The law provided for private remedies against the bank operators. One of these bank operators was James McCulloch, and the law provided the framework to seek remedy from him.…
Looking back, there was the Boston Tea Party, the mid-nineteenth century had the Astor Place Riot that became so violent the authorities thought they might have lost control of the city. Cincinnati exploded in March 1884 when a mob set out to lynch a convicted murderer who had been sentenced to twenty years of prison rather than execution. More recently, in 1992 a riot occurred after four white police officers were acquitted assault charges after beating Rodney King a black man after a high speed chase and let’s not forget the riots that have happened this year in Baltimore. It’s safe to say Rioting is a constant in our history. Although it may bring attention to a situation, rioting doesn’t fix the problem and often has harsh lasting effects.…
Justice Decision Paper In this case petitioner, Fred Korematsu, is being charged by the federal district court for breaking Civilian Exclusion order No. 34 and for being found outside of the prescribed area during curfew. The first and main charge towards Korematsu is that he has remained at the military zone which is a direct violation of the Civilian Exclusion Order No.34 (Mr. Justice Black, Opinion of the Court). The second charge promoted against Korematsu is for deliberate breaking of the curfew order. This decision paper supports the idea of discharging the petitioner because of unconstitutionality of the Civilian Exclusion Order No. 34, racial based discrimination in curfew order, and an overall racial discrimination of the people of…
There is also the issue of whether resolving the conflict between the two opposing sides will solve the problem the policy seeks to resolve. The risk is merely shifted to another population with the potential it will increase the safety of the overall population. Thus the policy as it was initially drafted, no matter how it plays out, the risk for some will continue for thousands of years. Yet a policy that bring about a solution that reforms the energy production would have been better suitable since it eliminates ‘new’ risk. This again contradicts the principles of US and Muskagee society.…
In the United States, people are given many liberties, rights, and freedoms. Since the country’s founding, it’s been a democratic government; valuing the voices and rights of its citizens. However, during times of national crisis, United States presidents have made controversial decisions affecting civil liberties. Many of these decisions, such as Franklin Delano Roosevelt’s order to relocate Japanese Americans, and George W. Bush’s signing of the USA Patriot, are still heavily debated over today. Different historians and ordinary citizens argue for or against the aforementioned orders.…
Cherokee Nation v Georgia was a United States Supreme Court case in the 1831. It was “one of the ten worst cases” (pg.87). “The Cherokee Nation was the first Indian tribe that went to the federal court in a major lawsuit to protect the political, human, and property rights of an American Indian tribe and its member from destruction by a state” (Pg.87). The case of the Cherokee Nation v. Georgia was filed by the Cherokee Nation one of America’s most well-known Native American tribes. Using this argument in Cherokee Nation v. Georgia, Attorney General Wirt asked the Supreme Court to rule Georgia law null and void because the state violated the United States’ Constitution.…
Summary Andrew Jackson, the man who set out plans that would usually send men floundering in panic, became a war hero during the War of 1812, shattered the Second Bank of the United States, removed national debt, and dominated over the Supreme Court. Historian and author, Matthew Warshauer of Andrew Jackson and the Politics of Martial Law, Nationalism, Civil Liberties and Partisanship claims that then Major General Andrew Jackson believed it was crucial to declare “martial law and suspend the writ of habeas corpus” in order to win the battle of New Orleans. However, as Washauer claims, by doing so, Andrew Jackson became the first American general to suspend civil liberties. Through this monograph, Washauer tells the tale of Andrew Jackson’s…
Brandon Henderson Professor Dr. Edoh Agbehonou Pols 1101 17 April 2015 The decision between Marbury v. Madison was made under judicial review and is considerably the most important decision in the history of the United States, judicial review is when the doctrine of legislative and executive actions are under review. This case gave the supreme says “The government of the united states is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written” (5 U.S 137). Court the power to limit congressional power.…
The First Amendment provides that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. U.S. Const. amend. I. Exemptions may be altered or repealed except those exempting real or personal property used exclusively for religious, educational or charitable purposes as defined by law and owned by any corporation or association organized exclusively for one or more of such purposes and not operating for profit. N.Y. Const.…
The federal government has jurisdiction in specific…
The 14th Amendment to the Constitution also forbade states…
Pro Impeachment for Andrew Jackson; Introduction; The impeachment of Andrew Jackson is imminent just as much as a necessity for further development regarding the states. Jackson’s interference in the Nullification process occurring in South Carolina proves a disregard for the state’s rights versus the federal words and laws. By continuing his ordinance against Carolina, he caused a disruption in the economy as well as forced political decisions upon its independency in Unions. His excuses of enacting the ordinance via the resistance of Carolina is unconstitutional at best, and at worse, a true eye opener for what could be forward to come if such actions are allowed in future undertakes.…
In The University Of Pennsylvania Journal Of Constitutional Law, Celia Goetzl agrees: “Such policies stereotype, stigmatize, and criminalize the poor without cause” (2013, p.1541). Studies support the assertion that applicants for welfare are no more likely to have substance abuse issues than are the general public. Moreover, problems that have arisen with drug testing results due to faulty testing and results. According to Pollack, et al, “Suspicionless, population-based chemical testing of welfare recipients will detect some “true positives” who are drug-dependent, a greater number of “accidental positives” with complex psychological problems, and a larger group of “false positives” who have no apparent psychiatric (including drug-related) disorder” (2002, p. 30). In this study conducted over two a year span, “the categories of “false positives,” and “accidental positives” each outnumbered the “true positives”” (Pollack, Danziger, Jayakody, Seefeldt, 2002).…
The United States Supreme Court ruled that states could not forbid…