Clause

First we shall discuss McCulloch vs. Maryland, this case is extremely important and influential because it established the necessary and proper clause; which was the ability of congress to do things outside of what is specifically stated in the constitution, but is vital to the upkeep of our country and the constitution. In 1819 the Second bank of the United States of America was being established…

4. What did the Supreme Court say about the powers of the President to act in the national interest in the cases of United States v. Curtiss-Wright Export Corp. and Youngstown Sheet and Tube Co. v. Sawyer? The U.S Constitution gives the executive branch and its head, the President, many enumerated powers to carry out the functions of governance. Those functions include the execution and enforcement of law, war powers, the power of veto, and the ability to act as a representative of the United…

Education have the biggest impacts with their similarities, differences, and their influences on society. Plessy ended up with a 7-1 decision, Brown was a unanimous decision in the supreme court, and both cases have to do with the Separate but Equal Clause in the fourteenth amendment. Plessy v. Ferguson happened because of the Separate Car Act in 1890. This act allowed blacks and whites to travel on the same train but in different cars. In 1892, Homer Plessy, a man that is one eighth black…

with disabilities, and gay Americans which put to test the civil rights. For example, the famous case of Plessy v. Ferguson in 1896 which is better known as the “separate-but-equal doctrine” (Janda. 2012 p.461). The ruling upheld the equal protection clause of fourteen amendment for blacks and whites in separation of facilities but along they were “equal but separate” (Janda. 2012 p.461). In1990, 43 million Americans with disabilities triumph with the enactment of the Americans with Disabilities…

Harlan argued that the “penumbra” approach restricted the rights inherent in the Due Process Clause of the Fourteenth Amendment. Harlan worried that the Court’s reliance on penumbras could lead to a restrictive view of liberty that narrowed individual rights to those only expressly or implicitly found in the Bill of Rights. Instead, Harlan believed that the Due Process Clause protected “basic values implicit in the concept of ordered…

In the Constitution of the United States, the first amendment expresses two clauses on the topic of religion, the Establishment Clause and the Free Exercise Clause. It states, “ Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof…”. These clauses specifically apply to many cases in which the Supreme Court has ruled that the government cannot impose or deny specific aspects of one’s religion. This is made prevalent in cases like…

raisins produced in Raisin Proration Zone No.1, this law would indirectly regulate interstate commerce through the state of California. The United States Constitution bars the regulation of interstate commerce at the state level in Article I, Section 8, Clause 3, leaving all authority of interstate commerce to the federal government. This should mandate that federal law preempts state law, and that the authority of interstate commerce is exclusive to the federal…

after Van Gend en Loos, EU law can award legal and natural persons with the rights which should be recognized and enforced (if necessary), by courts of member states. The EU law applicable to this question is article 3 of Council Directive 91/13/ECC. Clause 1 of mentioned article defines which contractual term should be regarded as unfair: “A contractual term 1ECJ, Van Gend en Loos, C-26/62, Judgement of 6 February…

1. What is the name of the case? Hollingsworth v. Perry a) What is the name held by the petitioner in this case? Summarize the petitioner’s key argument. Dennis Hollingsworth et al. with Charles J. Cooper speaking for the petitioners. The petitioner argued that a state is within its legal bounds to limit marriage to only between opposite sex, as marriage is a historical social institution whose purpose advances the state’s interest in childbearing. b) What is the name held by the…

Federal Government by the Due Process Clause of the Fifth Amendment. Further, they contend the Act contravenes Eighth Amendment proscription against excessive bail. The judgment of the Court of Appeals is reversed. ISSUE: Under the Due Process Clause of the Fifth Amendment, does pretrial detention violate and individuals rights when the detention is based on the possible dangerousness of the defendant? HOLDING: No. It is not invalid under the Due Process Clause,…