Constitutionality

A musty room filled with shuffling papers and hushed whispers, a door in the back opens and the bailiff steps through, “all rise,” with two words the entirety of the room is silent. You can’t help but hold your breath watching those in the black robes approach their place on the bench. “You may all be seated,” and the congregation lets out a united, silent sigh. This is where it begins. This room is one of the most sacred and highly honored rooms in the United States; it is the trial courtroom…

For example, in 2012 the Supreme Court took action in the case Arizona v. United States (2012), and challenged the constitutionality of four provisions that the state of Arizona enacted in 2010. Section 3, stated that failure to meet and demonstrate federal alien-registration is a state misdemeanor. Section 5(C), made it a misdemeanor and restricted unauthorized immigrants…

Movements’ in 50% of the stops of blacks and 35% of the stops of Hispanics, but only 10% of the stops of whites. There is no evidence that black people’s movements are objectively more furtive than the movements of white people” (qtd. in The Constitutionality of Stop and Frisk). Thus, after 45 years of legal harassment from the NYPD, Scheindlin ultimately put an end to it. After the decrease of stop and frisk in 2013, the following years had the lowest crime rates New York has ever seen. In “A…

How is the Constitution written to guarantee that the government will be, and forever remain, limited in power? The Constitution was written upon the six principles to ensure our government would forever be with limited power to protect the United States of America. A limited government is a political system that legalized force is restricted to enumerated powers. The idea of a limited government is related to political thinkers, who used a unique way of showing emphasis to prevent government…

Its constitutionality was questioned. In 1803, the Marshall Court decided upon the ruling of Marbury v. Madison. John Marshall, a strong proponent of federal government, instills the idea of Judicial Review. Judicial Review allowed the judicial branch to declare a…

In 1954, the Supreme Court shifts its support of protecting economic rights during the Lochner era, to a commitment to equality liberalism. Brown is a proper use of the Supreme Court’s power. Its four valid shortcomings reveal the support Brown had from other political actors. Brown’s support provides the court legitimacy for their ruling and provided an era for equality. This era of equality allowed the court and social movements to work in synergy. Firstly, the decision undermines the federal…

no harm; therefore, being the least dangerous branch. Hamilton is wrong, because while this particular branch may not have direct power over these elements of society, at the end of the day the judicial branch has overview on all laws and the constitutionality of those laws. While each branch has a diverse specific…

Supreme Court. In the spring of 1967, arguments began over the constitutionality of Virginia miscegenation law. The case was identified as Loving v. Virginia. The justices voted unanimously to strike down Virginia's law, declaring that the "fundamental freedom" of marriage could not be shorten on account of race. The opinion…

The death penalty has proved its ineffectual nature in other ways as well. The amount of botched executions throughout its lifespan are exemplary proof. For example, according to “How Often Are Executions Botched?,” (FiveThirtyEight.com) 3 out of 100 executions have had “departures from the protocol of killing someone sentenced to death.” Although rare, there is a chance that someone being executed could experience a painful or drawn-out death due to the lethal injection. This means that by…

strict scrutiny, articulated in Grutter v. Bollinger (2003) and Regents of the University of California v. Bakke (1978), to its admissions program. The Court's ruling in Fisher took Grutter and Bakke as given and did not directly revisit the constitutionality of using race as a factor in college admissions. Thus showing that the University…