Constitutionality

It is in this aspect that reveals the mission of the constitutional court, which in constitutionality control matters, and performs a technical analysis of the science of law, since it is not subject to political convenience. As is known, pursuant to Article 52, section X of the FC/1988, the legislative entity considers that is not imperative the suspension of the rule to be considered unconstitutional, in whole or in part, as a decision from the Supreme Judiciary Court. In addition, the absolute majority of the members of the Federal Senate may disregard that same decision. This is the interpretation for the description of the normative text. Therefore, we discuss the possible existence of an invasion or reversal in the typical jurisdiction of each function of power, through typical legal phenomenon of reality imposed by the democratic…

“Ain’t I a Woman?” by Sojourner Truth used rhetorical strategies very effectively. Truth used rhetorical strategies effectively because her tone, text structure, figurative language, and the rhetorical devices she used let the audience know what she was feeling and why she was fighting for was she was fighting for. Truth used many rhetorical strategies in her speech but pathos, logos, ethos, allusion, juxtaposition, and pinpointing really made her argument valid and strong. Sojourner Truth’s…

You said that you have an issue with the Constitutionality of taking someone out with a drone. Drones are not mentioned in the constitution and even if they were, it would not matter. The reason it would not matter is because it was a Robot, not a Drone. ----- Not only was the Robot specifically built for situations like that, but they have continuously been used for decades now, in order to help save the lives of not only the police but anyone else in danger. ----- Furthermore, no one has yet…

attracted to the executions to ply their trade” (McCall). The constitutionality of capital punishment is continuously questioned by the judicial system and being the controversial topic it is it has generated skepticism among public debates. My argument is solely based on the credibility of capital punishment in the United States it is arguable whether it has rejected the ideology of conscience. By illustrating that capital punishment can alter with an individual’s innocence, I provide a…

Suppose a terrorist has hidden a bomb in Time’s Square which will detonate at noon on June 16 unless officials follow his demands for money and release of his friends from jail. Suppose, that he is caught at 10 a.m on that terrible day, but he would prefer death to failure. He won't tell where the bomb is. What do officials do? If they are to follow the constitutional process they would wait for his lawyer then millions of people will die. If the only way to save the citizen’s lives is to…

and secure the blessings of liberty. It provided a balance of powers between the states and the federal government and the three branches of government: executive, legislative, and judicial. Throughout United States history, these regulations set up by the Constitution defined the government and its actions, which led to the country emerging as a thriving, powerful country. As a first world country, the United States are involved in many foreign affairs, many of which questioned the…

The Supreme Court has a lot of power in determining the constitutionality of the law and whether not laws are unconstitutional. Although the Supreme Court’s power is extremely important to the system of checks and balance, it is also important that the justices do not have too much power. Judicial activism is when the justices of the Supreme Court make decisions based off of their personal opinions and beliefs and public opinion and they change policy, whereas judicial restraint is making…

statute, an offender became death-eligible only if the offender was found guilty of a capital offense and then met at least one of the statutory ‘aggravating circumstances’” (Wang 514). In other words, the Gregg v. Georgia court proceedings reinstated the death penalty on the basis that it “does not invariably violate the Constitution (“The Death Penalty…”). As a result of this case, several states followed in Georgia’s footsteps, reclaiming the death penalty as a constitutional right. The Gregg…

The name of John Marshall is strongly connected with an era in federal proceedings. Since the start of his career, Marshall, a certain Federalist, entered into a confrontation with the newly elected President Thomas Jefferson, a convinced Antifederalist (Bederman). The principle of judicial review of the law constitutionality was initiated in the case Marbury vs. Madison by the chief justice. Marshall had various opportunities: to accept one or the other side as well as he could declare the…

Judicial review is the power of the judicial branch of a government to decide if acts of the legislative or executive branches violate their constitution. If a court reaches the decision that the action of the other branch violates the constitution, it then declares the action to be null and void. That then means that the law is not to be obeyed or enforced. The judicial review was implemented in order to ensure a check and balance system when dealing with the government and the way the United…