Strict constructionism

Like all Democratic Republicans, in 1800, Jefferson believed that the Constitution was the most rational system possible and as long as the state governments were overseen by the federal government, as the Constitution states, the union would be perfectly harmonious (Doc A). In this letter, Jefferson demonstrates his strict constructionism to a future member of his cabinet. However, at the time, Jefferson was merely a candidate for presidency, so it is possible that he may have exaggerated the extent of his strict constructionist beliefs in order to gain the trust and votes of others who were wanted to preserve the federal Constitution and follow it exactly as written. In 1803, Jefferson purchased the Louisiana territory, including the New Orleans port, from Napoleon, doubling America’s size and directly interfering with the aforementioned comments he had made. The port of New Orleans drastically improved interstate commerce and the newly acquired vast regions of land supported Jefferson’s hopes that the country’s future would be focused on agriculture and independent farming. Even though Jefferson often acted against his party’s ideals, he did argue that…

traditional female toys, such as dolls, a ‘natural’ interest of young girls. Cultivators, like naturalizers, allow their children to pursue gendered interests and find comfort in gendered childhoods. Cultivators, however, view the gendered patterns of children as “social products to a significant extent (Kane, 87).” This point of view also supports traditional beliefs, which Kane emphasized through her discussion of Bob, a middle-class father of two. Refiners on the other hand, support gendered…

the law will be challenged. When examining if a law contradicts or violates the US Constitution, also known as judicial review, the courts have three scrutiny standards: rational basis review, intermediate scrutiny, and strict scrutiny. The nature of the interest determines the level of scrutiny applied by the courts. The level of scrutiny determines how a court will analyzing the law as well as who has the burden of proof. Rational basis review considers whether a law is "rationally related" to…

categorization and its effect on an individual’s rights. The court normally finds a state classification constitutional if it has "a rational basis" to a "legitimate state purpose." However, the Supreme Court has applied more stringent analysis in different cases. The Court will "strictly scrutinize" a case to make sure the case is being handled correctly. In order for a law or rule to be subject to strict scrutiny, it must show that the law or its implementation was meant to be discriminatory…

the First Amendment.” Knowing then, that the Free Exercise Clause must apply to the States, we must then test to see if Article 20 Section 2 of the Arizona State Constitution is in violation of the clause. This court has in the past, held that polygamy is not a protected religious practice. See e.g., Reynolds V United States. Reynolds, though, fails to meet a number of criteria for it to be considered applicable in this case. In Reynolds, the court held that religious duty was not a suitable…

Heffron is similar to our case, because both the regulation in Heffron and our ordinance place restrictions on where individuals are permitted to engage in solicitation. In determining the content neutrality of the regulation in Heffron, the court held that the restriction was content-neutral because it was not intended to silence one particular message and was not an attempt to regulate ideas because the regulation applied evenhandedly to all who wished to engage in solicitation, regardless of…

Because of the violation of equal protection strict scrutiny should be used. If this is used, the university could prove that the use of race is a compelling state interest. The university would also have to provide information that using race is the only possible way that their goal of diversity can be reached. Because Fisher said her rights under the Fourteenth amendment were violated, the University of Texas should have evidence to prove why diversity is a compelling interest. They would…

inform a firm of an inadvertent disclosure when it can be reasonably determined. Therefore, it is likely that the court will rule for the return of the privileged documents. FACTS This is a case that involves Abby Whelan, a local citizen, and Speedy Motors, Inc. (Speedy), a manufacturer of golf carts. The following facts are furnished from the law office of Hull & Grant, P.A. on September 20th, 2016. The dispute at hand concerns the inadvertent disclosure of privileged documents. On May 15,…

product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or (vi) an action or proceeding commenced by the Attorney General to enforce the provisions of chapter 44 of Title 18 or chapter 53 of Title 26. [Will paraphrase!] ii. Legislative and…

Affirmative action, by definition, is an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education. Using varying instruments and policies, Affirmative Action aims to help underrepresented groups have a better job opportunities or college admissions. Generations of people have been disadvantaged by institutionalized discrimination and one way to remedy this is to place a policy that evens out the playing field. There has been…