Constitutionality

called to question and reform. This call for direct-democracy would allow our fellow citizens to rule on the constitutionality of all Federal, State, and City laws will certainly be the fall of our great nation. As one of our founding fathers James…

to locate a vehicle did not violate the Fourth Amendment, but the court highlighted the fact that the device was used only to identify the location at a discrete moment in time, not to “monitor” the vehicle’s movements”. When looking at the constitutionality of the case, it is clear that GPS systems can be activated at will whenever ordered by a government official with higher power, as loopholes are constantly being used in order to intrude on people’s privacy given to them by the Fourth…

In today’s society abortion has become a major topic of discussion and division around the world. It seems as though abortion has always been a point of contention in states. It is true that states around the world have varying ideas and opinions on how things should be done and so it should not be a surprise that abortion is no exception, but the question is why do abortion laws in states around the world vary so widely. One can analyze why abortion is legal in some states and not others by…

President Reagan never did acknowledging the constitutionality of the resolution, and in his signing statement made clear that he did not agree that the actions in Lebanon triggered the resolution (Crook, J., 2012, p. 161). This instance was the first since its passage that the WPRA had been enacted and…

have a position supported by sound reasons rather than by unfounded belief. These recommendations only begin to touch the vast amount of literature on the death penalty. New books, not to mention articles, appear almost monthly. The morality or constitutionality of the death penalty may never be resolved with national unanimity. Some murders are so vicious and inhumane that it is difficult not to seek the death penalty. Similarly, the nature, purpose, and meaning of the death penalty remain less…

Although a majority of documents convey the impression, to be against the Supreme Court having the power to question the constitutionality of federal laws; but the amount of documents that agree, have more solid evidence in their argument. The Supreme Court should have the power to overturn unconstitutional federal laws. Federalist No. 78, the Marbury v. Madison decision, Article III of the Constitution and the Judiciary Act of 1789 are prime examples to prove that the judicial branch has the…

The resolutions tested the idea that the state legislatures could judge the constitutionality of federal laws and also nullify them. The resolutions did not do much to the Alien and Sedition Acts, however the idea of a state being able to nullify federal laws did not go away. This presented as a constitutional issue because Madison stated…

ACA) was initially created so that low-income families could receive health care benefits. This led to a court case between the National Federation of Independent Business and Kathleen Sebelius, where the Affordable Care Act was questioned its constitutionality. The National Federation of Independent Business v. Sebelius allowed people to be aware of the current healthcare issues and how the court case impacted the healthcare system. Primarily, the introduction of the court case enabled the…

The longevity of our nation thus far can be rooted back to the promised, basic ideals of life, liberty, and the pursuit of happiness. The democracy that our nation prides itself on encompasses a multitude of rights, some of which being equality, freedom, and representation under the law. Perhaps one of the largest hot-button issues is felony disenfranchisement and how it contradicts the democratic ideal of equality, a word that is conveniently omitted from the Constitution. While felons lose…

second implication of legislative supremacy three important observations can be made: 1. Courts are bound to apply Acts of Parliament and cannot pronounce upon their validity or constitutionality. 2. Courts are bound to apply Acts of Parliament enacted in proper form and cannot pronounce upon their validity or constitutionality. 3. Courts are bound to apply (properly made) Acts of Parliament, according to their meaning (http://users.ox.ac.uk/~lawf0013/P'SOV299.htm). Confirmed by Lord Reid in…