Constitutionality

In the hundred years since its entry into force, the Espionage Act of 1917 continues to raise debates about constitutionality and power of the government to limit speech. In answering my research questions, it revealed that defending free speech from the Espionage Act has led to scrutiny, defense, and interpretation beyond the original intent of the Act. The Supreme Court Cases outnumber, the Congressional amendments. Nevertheless, legal cases show the fight to protect the press and individuals…

The political parties have changed in many ways. Some keep same names. For the most part though they change. The people often keep the same demographic, names, and principles. This means that they kept the same values in the political parties. Overtime some of the things I pointed out change. Document one was created in 1785. It was made in Great Britain. John Adams was the creator of the source. John adams was an american lawyer. John Adams was also the second president. The source was made…

operates primarily on officers' perceptions and opinions, which opens the door to personal prejudices dictating the usage. This executive summary includes the advantages and disadvantages involved in stop and frisk procedures as well as the constitutionality and recommendations to improve the approach. Advantages of Stop and Frisk Procedures Stop and frisk procedures are used in situations that present a potential threat to the officer or public. It serves as a key component to prohibit a threat…

article written by Joseph Blocher the argument regarding the constitutionality of the death penalty is presented regarding both sides of the argument. He poses the question that if the Bill of Rights mentions a specific punishment is the Supreme Court allowed to find something unconstitutional if the text only suggests said punishment. 1 The conflicting opinions in Glossip v. Gross 2 has created renewed attention to the constitutionality of the death penalty. With the renewed attention several…

Supreme Court case questions the constitutionality of same-sex marriage bans and is the consolidation of six federal cases from the Fourth Circuit. In district court, judges found in favor of the same-sex couples. However, the Fourth Circuit court reversed these rulings and found same-sex marriage bans constitutional under the doctrine of stare decisis with regards to the 1971 landmark case Baker v. Nelson, wherein the Supreme Court implicitly endorsed the constitutionality of same-sex marriage…

CANADA PROMPT PAYMENT ACT UPDATE: SENATE HEARINGS LEAD TO PROPOSED AMENDMENTS In an effort to lead reform in the construction industry, the Canadian Senate introduced prompt payment legislation under Bill S-224, the Canada Prompt Payment Act (the “Bill”) which, if passed, would apply to construction contracts and related subcontracts made with the Federal Government. After passing its second reading last November, the Bill was referred to the Standing Committee on Banking, Trade and Commerce…

Should affirmative action be allowed in schools? Or does the very idea undermine equality? The case of affirmative action has confronted the Supreme Court in 2008 by a white woman, Abigail Fisher, who believed she was denied acceptance to the University of Texas at Austin because of her skin color. The Court eventually refused to make a major ruling, but instead sent the case back to the lower courts for future analysis and for a future ruling. As for now, affirmative action still exists, but…

Plaintiffs challenge a November 2008 voter-enacted amendment to the California Constitution ("Proposition 8" or "Prop 8"). Cal. Const. Art. I, § 7.5. In its entirety, Proposition 8 provides: "Only marriage between a man and a woman is valid or recognized in California." Plaintiffs allege that Proposition 8 deprives them of due process and of equal protection of the laws contrary to the Fourteenth Amendment and that its enforcement by state officials violates 42 USC § 1983. Plaintiffs are two…

The abolition of slavery in the United States of America brought with it the need for ratification of state laws, as well as the mindset of the American people. Historically African-Americans have been thought of as being inferior to white-complexioned Americans. This disposition presented itself in social, economic, and political affairs throughout America. Following the slavery abolishment states and their individual citizens looked for ways to recapitulate African-American’s inferiority with…

communications and domestic cellular data recipients. Arguments arose concerning the domestic surveillance segment of this act, ultimately challenging its Fourth Amendment constitutionality. The Patriot Act is a prime example of how legislation has limited American citizen’s Fourth Amendment rights, proving the little ethics and constitutionality behind government surveillance. National Security…