Constitutionality

Ogden v. Gibbons, Heart of Atlanta Motel, and Solid waste cases are all closely related to the 2012 U.S. Supreme Court decision upholding the constitutionality of the Obamacare act. Each case deals with the specifics of commerce, mostly with commerce “among the states.” With the commerce clause being viewed from many different perspectives over time, it has given great importance to the meaning of our laws and regulations that we have set today. These three cases alone along with the Obamacare…

Republican, or Democratic-Republican, views in most cases, and only slightly veered to Federalist views during times when they were absolutely necessary. Jefferson kept his interpretation of the constitution very firmly when it came to the constitutionality of the Bank of the United States, and Madison kept a strong Jeffersonian Republican view when it came to federal government and state government rights. The only time that Jefferson strayed slightly away from his interpretation of the…

follows prior case decisions, but also allows for further improvements of the justice system. Jurek v. Texas addresses the constitutionality of the death penalty in the state of Texas. In 1975, Jerry Lane Jurek, the appellant, had been given the death penalty after sitting through trial in court for capital murder. He had been day…

Separate but equal, Jim Crow and Plessy v. Ferguson By Paula Diaz, The New York Times NEW ORLEANS, LA— On June 7, 1982, Mr. Homer Plessy challenged the constitutionality of “separate but equal”. He boarded a train in New Orleans that was intended only for whites and allowed himself to be arrested. Though he had the appearance of a white man, because he was one-eighth African American, He was not allowed to ride in the whites-only car. His refusal to leave the train car had the impact he had…

which pronounced the constitutionality of the Carriage Tax Act of 1794. Hylton believed that, according to the Constitution, all taxes must be divided based on the population of a state, therefore, he took it to court, where it was discovered that the tax was indirect and could not be apportioned, upholding the constitutionality of the tax. Although in Hylton v. United States the Supreme Court upheld the constitutionality, it was still understood that the constitutionality was up to question.…

Supreme Court the basis for determining the constitutionality of the highest court. Birchfield v. North Dakota is a merit brief questioning the constitutionality of the state on issues of criminalizing people who were refusing to adhere to the warrantless searches. Bernard v. Minnesota questions the constitutionality of the state in criminalizing acts of refusal to submit to a warrantless search. The Beylund v. North Dakota merit…

review”…the power of the federal courts to void acts of Congress in conflict with the Constitution” (McBride, 2006). It is not clear if Marshall knew that his decision would indeed result in the Supreme Court being the sole interpreter of the Constitutionality of a law, but perhaps Marshal saw an opportunity to establish the Judicial Branch’s authority, and possessing equal power on par with the Executive and Legislative…

The constitutionality of the secession of the South Carolina was a debate over the legality of the Confederate State of America. This debate depends on many aspects including the relation between Article of Confederation and the U.S constitution and the interpretation of the State right. Since there was no precedent, the constitutionality of the secession of South Carolina was remain in myth. However, since the CSA including the South Carolina later got defeated in the Civil war, the secession…

right to life. They also state that certain races and genders (specifically white males) are being targeted. However, all of these claims have been proven wrong by multiple sources. For example, in the 1970s the Supreme Court looked into the constitutionality of the death penalty. They essentially concluded that, by law and with proper procedure, the death penalty did not violate any amendments or the constitution its self. This weakens the opposing argument significantly since the Supreme…

A. Constitutionality of Bacchanal's Statutes Prohibiting Certain Types of Speech The town of Bacchanal, Nevada presents constitutional challenges to the Nevada state laws regarding: (1) the towns’ of Bacchanal Anti-Harassment Resolutions and (2) the Bacchanal Affordable Care coverage of the employees and their dependents at Heavenly University’s “Paradise Found” corporation. The Court’s task today is to resolve the issue by constitutional measurement, free of emotion and predilection. The…