Judicial remedies

On President John Adams last day in office in 1803, he named forty-two justices of the peace and sixteen new circuit court justices for the district of columbia. John Adams signed the commissions and Secretary of State John Marshall sealed them, but they were not delivered by the end of Adams’s presidential term. Thomas Jefferson refused to honor the commissions because they were not delivered by the end of John Adams’s term. William Marbury was one of the justices of the peace appointed by John…

Supreme Court case, Marbury v. Madison, changed the course of American history. From this ruling, the Supreme Court gained judicial review: the authority to give their opinions on the constitutionality of laws. This positively impacted America because it prohibited the government from abusing the Constitution. However, over the years, judicial review has spiraled into judicial supremacy and taken power away from the states. It has also led to the Supreme Court making laws, such as legalizing…

O’Neill case. Due to the controversial nature of the topic, the interpretation of the constitution becomes clouded by the desire of the judicial branch to appease to the moral obligations of their city. In the position of granting the plaintiffs the opportunity for the equal education their constitution guarantees them, I would have no problem siding with the majority opinion. Equity of resources…

John Marshall’s argument for the ability to have judicial review is considered to be one of, if not the most important documents in judicial history. Marbury vs. Madison was the first important case that was during Marshall’s jurisdiction. The argument that John Marshall has put forth is a worthy one and it should be stated that initially only 11 of the 55 delegates to the Constitutional Convention wanted the ability to have judicial review. Even with this being stated, I agree with John…

United States. These arguments are less focused on the personal feelings and morals of those opposing capital punishment, and more focused on racial bias and “the denial of legal rights” (Issues of Fairness). It is common knowledge that in the US Judicial system “justice is blind” which means that when deciding the outcome of a case the court is to remain unaware of economic status, race, or sexuality (Price). Those arguing the death penalty state that this is not the case and that capital…

I also agree that we do need greater flexibility of the law to accomodate the current trend towards privatised public services. It is very common, locally and internationally, for governments to contract out services which were traditionally under public administration. Some authors argue that privatisation is an inevitable process due to the heavy burden that our fast growing population puts on governments to provide effective public services. However, the exercise of public functions by…

The legislative branch is the most powerful branch of the United States government. Congress has the power to tax, spend, make laws, and even make declarations of war. While the executive and judicial branches often work independently of Congress (sometimes even proceeding in complete opposition), the Constitution grants far more powers to Congress, making the legislative branch the most power branch in government. The Framers of the constitution recognized that the legislative branch would…

detention. Moreover, detainees in short-term prisons are commonly imprisoned without criminal conviction by a court of law. Thus, even though most detainees in the ordinary prison system are convicted to a defined prison term by a court, it is often the judicial process itself that lacks the most basic guarantees of a fair…

government consists of three separate branches: the legislative, the judicial, and the executive. The legislative is made up of the Congress which is responsible for creating laws. The judicial consists of federal courts which check the validity of the laws that Congress passes. And finally, the executive branch is made to administrate and enforce the laws that Congress passes.…

In the United States v. Leon case, the Fourth Amendment exclusionary rule should not be applied so as to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be invalid. Pp. 905-925. (United States v. Leon, (1984) No. 82- 1771.) In view of the modification of the exclusionary rule, the Court of Appeals' judgment cannot stand in this case. Only…