Necessary and Proper Clause

minority students in the student body, it does not suggest that each classroom must have a similar critical mass. Instead, she claims that the proper base for measuring diversity is the student body as a whole. Fisher further argues that even if UT’s admission policy furthers a compelling state interest, the university has failed to show that the policy is necessary to create a diverse student body. She asserts that Texas’s Top Ten Percent Law has caused a dramatic increase in minority…

Since the Supreme Court's inception, there has been considerable debate on its proper role in government. This discourse includes disagreements over the proper role of courts in comparison to legislatures, as well as significant dispute on the degree of rigidity necessary when interpreting the language of the Constitution. From this discourse, two opposing schools of thought have formed: proponents of judicial activism and the implicit ideal of loose constructionism against proponents of…

people convicted by crime. The second one, the Executive Branch also have lots of powers. The powers for this branch are; Taxation, Credit, Commerce, Naturalization, Money, Grant Patents and Copyrights, Federal Courts, War, Armed Forces, and Elastic Clause. With Taxation they can pay debts, provide common…

of the Lord. Since an extensive analysis of the use and application of the word sāch (truth) and its variations within Ginans was covered with the explanation of the previous verse, probing its usage in this verse will not be necessary. Against this backdrop, it is necessary to review the phrase sir chaḍāvīye in order to…

further expound on the rights of the citizens. It is a safety net and will make sure that we still have our rights in the future. Several states have already called for greater protection of individual liberties. This is why a Bill of Rights is necessary. It is only a harmless list of limits on the government’s power, why not have it then? It would be such a horrid thing if the government took away our right to bear arms or our right to practice any religion that we want. The current…

their campaign to make sure they meet the needs they want. However the people as individuals do not have a direct vote to make sure who they want will be in political office for any branch. In Federalist 68, Publius agrees the Electoral College is necessary because the people are too prone to make mistakes. The electors that cast the votes will be better informed about government than the people so they know what the country really needs. Publius says the Electoral College provides a filter…

Ever since America was founded, its population has always struggled with the balance between national and local politics. A national government was favored because of its ability to maintain cohesiveness among the whole population, while local, smaller governments were favored in order to limit the powers of the national government and to prevent the tyranny the colonists faced before fleeing from Britain. While some Americans argue that states’ rights hold more importance over the power of the…

The mother contended that the probate judge should have dismissed the department’s petition because the department did not have legal custody of her daughter because G.L. c. 119, § 23A was unconstitutional, due to the fact that she was never afforded a hearing, when the department first took custody of her daughter. Id. The court went on to say that, “the fact that a mother is incarcerated, signals a higher likelihood of risk of danger to the welfare of a newborn infant”. 421 N.E. 2d 28, 33.…

equal protection under the law. Under the “separate but equal” doctrine each race as equal and would receive all public accommodations and other living resource but would be separated by race. However, the 14th Amendment, mainly the Equal Protection Clause was written to protect everyone no matter the race from being deprived “life, liberty, and property”. The biggest of the 14th Amendment limitations that were that not stated or implied is a race being inferior to another race. Moreover, this…

possible to force a President to elect a justice, thus passing the Judiciary Act of 1801 and setting up a precedent to be used countless more times called judicial review. Marshall was able to come to this conclusion after using the so called Supremacy Clause, which states that “This Constitution, and the laws of the United States which shall be made in pursuance thereof [...] shall be the supreme law of the land.” With this small phrase, Marshall…