Constitutionality

Protects Against Tyranny Had The Constitution not guarded against tyranny, society as we know it today would be very different. James Madison tried to create a better law system because the Articles of Confederation did not support their government. The cause of their weakness lies in the fact that they did not have a court system nor a Chief Justice. While writing The Constitution, Madison’s biggest concern was that one branch or person was going to have power over the other branches. If…

on employment and education. In institutions of higher education, affirmative action benefits groups that have been underrepresented, such as women and minorities, with admission policies that provide them with equal access to education. The constitutionality of affirmative action programs caused controversy making it the topic one of heated debate. Specifically, the use of race as a factor in the college admissions process continues to be a hotly debated…

The fall of communism and the resultant vulcanization of the USSR, now known as Russia left a massive power vacuum in the overall arena of political as well as a legislative arena that needed to be filled. With communism failing to meet the challenges of the modern state and nation requirement, it became more or less obvious that it will be the second greatest super power of the world who will substitute and take place of the gulf that has been created with the fall and disintegration of the…

appeal to the state courts, the federal system and after 11 years, the Supreme Courts. With hesitation, the Supreme Court decided to hear Dred Scott vs. Sanford. Two northern justices had decided that they would argue Scott’ s freedom and the constitutionality of the Missouri Compromise. Since Dred Scott and his family lived in a free state, but where still being treated as slaves, aroused the question, are they free or are they still slaves? Dred Scott believed that since he resided in a free…

gained a tremendous amount of power since the states first approved of the rights and limitations set forth for it in Article III during the Constitutional ratification process. Some of this accumulated power, such as the ability to analyze the constitutionality of Congressional legislation, appears to be justifiable in most cases. However, there have been several instances, especially the recent Obergefell v. Hodges case, where the Court has seemed to overstep its boundaries by a considerable…

In the nineteenth-century the expansion of the United States was revolutionized. The desire for land would soar with the invention of the cotton gin and the idea of the Manifest Destiny. The topic of territorial expansion and the effects it would have on the nation as a whole was a heated political topic. Not only would it internally divide the nation but the desire would also spark a war with Mexico and a treaty with the British. During the 1800s, key legislation was made resulting in or from…

access to the abortion clinics. Such effort is shown in Whole Woman’s Health v. Hellestedt. If the Supreme Court overturns the Texan regulation, then it is a step forward for the pro-choice fronts; however, if the Supreme Court confirms the constitutionality of the HB2, then the momentum is lost, and HB2’s ideological (evil?) twins would be legislated for states that wish to follow the footsteps of…

in the entire death penalty. Regulating the way the administration could lead to the states being held less accountable for any mistakes made. The death row inmates often challenge administration and protocol of the execution rather than the constitutionality of the execution itself (Litton 333). When the federal government regulates something all states have to abide by…

In this essay, I will investigate the differences amongst state and government jurisdictions in criminal prosecutions involving crimes against persons. The essential goal of this paper is to clarify how the same behavior might be arraigned either in the state or government court according to material state and elected statutes. In addition, with the use of a scenario I will choose specific crimes and describe the elements of each. Lastly, I will describe a cultural factor and how it can impact…

With the 2016 presidential election approaching many prominent wedge issues have come to the forefront of popular opinion including the issue of immigration, specifically birthright citizenship. Despite extensive legal precedence and the fundamental role of immigration in American society (and the birthright citizen status of several of the candidates themselves) many political figures have recently denounced birthright citizenship, some even pledging to do away with the practice altogether if…