Constitutionality

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    Natural Law Theory

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    Interpreting the Constitution of the United States of America has always been a challenge for Supreme Court justices throughout America’s history. Many justices have tried to interpret the Constitution based on the social consequences of their ruling in comparison to the historical context behind the law being debated. The rift between adapting the Constitution in order for it to keep up with changing times and maintaining the original intentions of the framers poses many difficulties for the…

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    Engel v. Vitale was at the time a landmark United States Supreme Court case that was ruled it is unconstitutional for state officials to basically compose an official school prayer and encourage it on public school grounds. The case of Engel v. Vitale was brought up by a group of families of New Hyde Park school students, who in short complained that the U.S prayer written by the state board “Almighty God” challenged their religious beliefs. They were greatly supported by groups who opposed the…

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    Mandatory Minimum Sentences

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    Introduction On March 12 2012, Harpers conservative government implemented omnibus bill that introduced many new mandatory minimum sentences (cbc,2012). As part of Harpers tough on crime agenda, the bill introduced mandatory minimum sentences for crimes such as drug trafficking, child exploitation and some other violent offences(cbc,2012).In accordance to their tough on crime agenda, the harper government has introduced so many new mandatory minimums sentence, to the point that we now have the…

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    morality and aesthetic convention. Not much has changed over the numerous decades leading to the present era, as controversial art pieces dealing with obscene subject matter are questioned and criminally tried for the purpose of determining their constitutionality under Section 2(b) of the Canadian Carter of Rights and Freedoms; the Freedom of Expression. However, this raises the question: To what extent should the Canadian…

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    with issues of universal health care, immigration, and same sex marriage, the U.S. Supreme Court has ruled or upheld these federal enacted laws as constitutional. However, some states have challenged these laws and have called into question the constitutionality and the power of the federal government to enact or impose such laws, most states feel that these laws infringe on their individual rights to address these…

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    Jeremy Gaymon United States History Intolerance and Civil Liberties during WWI Civil liberties were guaranteed to us through the Bill of Rights. These freedoms were part of the interconnections of World War I. For example, the first amendment guarantees of the freedom of religion, speech and press without the government interfering. I find the Espionage, Sedition and Enemy acts to be three of the most important pieces of history during this time. What these laws achieved were doing away with a…

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    Supreme Court Legitimacy

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    “The judicial system of the United States promotes the equal right of participation by allowing a single individual who has been harmed by a law to challenge its constitutionality. People who have financial resources or who can find support from organized interests may fare better than those who have to act on their own” (Geer et al, 2016, 532). In the last decades, the Supreme Court has lost its capability to base its legitimacy only in its legal experience, nevertheless it has won public…

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    As many people would say “Nothing good happens after midnight” A municipal ordinance curfew is a time frame given by an authority like the government or sometimes parents to teenagers below 18 years of age, to be home before a certain time. They were intended to limit a minor’s time without supervision from an adult, and to keep them off the streets during late hours. This has become a very popular way to attempt to reduce juvenile crime and to keep teenagers out of trouble, although this has…

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    I think the Constitution should be flexible and that the United States Supreme Court should have the power to change laws that no longer reflect societal norms and that are deemed unconstitutional. The flexibility in the constitution allows the government to adapt to changing needs of the society in the future. Many people like James Madison believe that the Constitution should not be altered or fixed but rather followed the same way it was written. On the other hand, many Americans like Thomas…

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    Littlefield Case Summary

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    In Littlefield, the plaintiff challenged the constitutionality of the school’s mandatory school uniform policy, which was promulgated after “observ[ing] the successful implementation of uniform policies employed in other Texas school districts.” Littlefield, 268 F.3d at 279. The court held that the school district’s desire to improve the education process by “improv[ing] student performance, instill[ing] self-confidence, foster[ing] self-esteem… and lower[ing] drop-out rates” were important and…

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