Constitutionality

Aldridge v. Green Bad Faith The first grounds that Green challenges the punitive damages award on is whether bad faith is an appropriate basis for punitive damages. Courts have generally held that punitive damages are not allowed in breach of contract cases. Courts, though, have allowed punitive damages if there are independent injuries involved based upon in an independent tort. This standard appears to be met in Aldridge’s case. Aldridge may not rely upon breach of duty to justify for…

The United State Supreme Court often must discern the intention of the framers in the vague text of the U.S. Constitution. These discretionary powers lead to varying judgements and opinions of highly regarded principles in the formation of the Nation. Among these principles lies the separation of powers. Montesquieu, in The Spirit of the Laws (1748), states: When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty;…

The Supreme Court has the power to interpret the Constitution and federal laws, which is paramount in cases where disagreement arises among branches of government. Two significant cases, Clinton v. City of New York and INS v. Chadha, deal with the constitutional reality of the line item veto and legislative veto. Some argue these are constitutional, due to the complexities within each branch and the public's role in electing these. I disagree and support the rulings the Supreme Court made in…

evolving since. Puerto Rico’s head of government is an elected governor by the island people. United States Federal Government controls (not inclusive) (chart: topuertorico): • Interstate trade • Land and sea immigration • Military and bases • Constitutionality of laws • Postal…

Failure of Political Compromise According to The Merriam-Webster Dictionary, the definition of compromise is “a settlement of differences reached by mutual concessions” (166). A compromise can be temporary or long-term and is typically settled by two or more parties. In any government changes are inevitable, so these compromises may be altered or abolished. In terms of slavery, compromise was one of the more difficult decisions in United States history. Determining whether or not it was…

consent (eg by the government) it can be regarded as an invasion of the privacy of athletes to test their urine or blood for drugs. In this case, athletes have constitutional safeguards that allow a challenge to such a test on the grounds of its constitutionality. 2.2. Drug testing is justified at school level. The first and foremost reason is that most schools have a code of conduct or a formal form given to them which is compulsory to sign in order to attend the school, which contains the…

In the 1819 court case McCulloch v. Maryland, Chief Justice John Marshall argues that “the power to tax involves the power to destroy” (1), and upholds the constitutionality of religious tax exemptions on the basis that requiring churches to pay them would put their free expression of religion at risk. This argument falls apart when one considers that requiring churches to pay taxes like other organizations would…

The United States Congress established a federal Bank of the United States through a legislative act. The federal Bank had created a branch for operation in the state of Maryland. According to Maryland laws, any bank within Maryland without a state charter will be imposed a tax by the Maryland state government, and the branch of the Bank of the United States is one of the non-chartered banks. McCullough, a cashier for the Second Bank of the United States, was operating in Maryland and issued…

Whistleblowing When most people think of whistleblowing they might think about recent events surrounding the NSA leaks by Edward Snowden outlining international and domestic surveillance programs. Or of the physical act of blowing a whistle by a referee to indicate a foul. Either way, whistleblowing is the indication of wrongdoing by someone. This paper focuses on the traditional form of whistleblowing by calling attention to governmental or organizational wrongdoing and some of the arguments…

The emoluments clause, borrowed from a "17th century Dutch statute…was chiefly aimed at the practice among European royalty of lavishing gifts on foreign diplomats, but it was written to cover all officers." (McLaughlin, 2017). The emoluments clause applies to all federal officers, including congress, U.S. federal judges, vice president, and the president. The constitution defines emoluments under the compensation clause, which prohibits the president from receiving emoluments from a state of…