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U.S. Constitution: Discussion Questions
A) The Fourteenth Amendment: the Case of Whitney V. California
274 U.S. 357
Whitney V. California (No. 3)
Argued: October 6, 1925
Decided: May 16, 1927
453 Affirmed
Location: Socialist Convention at Loring Hall
Factual Analysis: Anita Charlotte Whitney, who subscribed to the CLPC (Communist Labor Party of California), found herself was arraigned for breaching the state's 'Criminal Syndicalism Act', which forbade any actions aiding or advocating crime commission, including "terrorism as a means of accomplishing a change in industrial ownership or control, or effecting any political change" (LII, n.d.).
was the 'Criminal Syndicalism Act' repugnant to the Fourteenth Amendment? By penalizing those who advocate unlawful and violent methods of altering political and industrial situations and not penalizing individuals who advocate the same methods with the aim of maintaining such conditions, the statute, in the view of the defendant, contravened the 'Equal Protection Clause of the Fourteenth Amendment' (LII, n.d.).
Majority Opinion: No. The Criminal Syndicalism Act does not violate the Fourteenth Amendment because the distinction cannot be regarded arbitrary; rather it is "within the discretionary power of the state to direct its legislation against what it deems an evil, without covering the whole field of possible abuses" (LII, n.d.). Moreover, the statute is not class-legislation;...
A warranty shall be obtained if any such seizure is to be conducted, and it should specifically describe the place to be searched as well as the items to be seized (Wayne, 2010).
Fifth Amendment: Persons facing charges on infamous crime shall only answer for the same before a grand jury, except in cases that involve public safety or those arising in militia and naval forces during warfare…
The second amendment states that "a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed" (U.S. Attorney's Office, 2013, p. 7). The amendment obviously refers to threats posed to state sovereignty by a national standing army; and not to a household's anxiety about intruders. The Constitution can be amended to make this perfectly clear by adding the words 'when serving in the militia'; such that the Second Amendment reads 'a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms when serving in the militia shall not be infringed" (Stevens, 2014).
D) Theories of Constitutional Interpretation
Theories of constitutional interpretation fall into several categories; pragmatism, constructionism, contextualism, intentionalism, textualism, and originalism, among others (Wayne, 2010). I subscribe to a contextualism approach, because the context within which an event occurred says a lot about the intention of the doer. In law enforcement, context plays a fundamental role in decision-making; for instance, when we say that someone acted in self-defense, we have taken into consideration the situation the subject was
And taxes were to be levied only through the consent of the elected officials. The Magna Carta was different from the Constitution in that the Magna Carta was mainly concerned "…with largely feudal issues that benefited the aristocracy," whereas the Constitution was based on creating fair representation by the people (Arnheim, et al., 2009). TWO: The fairness of the laws is similar in that when the phrase "rule of law"
Judicial Appointments Constitution Qualifications for the U.S. Senate, U.S. House of Representatives, & U.S. Presidency and The Equal Protection Clause of the Fourteenth Amendment Which articles and sections deal with the qualifications that people must have in order to serve as a member of the House of Representatives, as a Senator, and as President of the United States? How do those respective qualifications differ? Article One, section 2, clause 2 of the U.S. Constitution
In fact, during the 1787 Constitutional Convention, Slonim notes that the need for a bill of rights was not even a topic of discussion until Virginian delegate George Mason raised the issue just several days before the Convention was scheduled to rise on September 17; Mason suggested that a bill of rights "would give great quiet to the people." Following this assertion, Elbridge Gerry of Massachusetts moved that the
Reparations for Black American Communities through Educational ReformResearch QuestionsThis study was guided by three main research questions as follows:1. Are the black descendants of slaves in the United States today entitled to reparations for their ancestors� bondage and the uncompensated financial contributions they made to the development of the United States as a nation?2. If so, in what ways can education reform serve as reparation for black communities?Rationale for and
S. Constitution under the Fourteenth Amendment. States can no longer ignore the Fourteenth Amendment following the ruling in Duncan v. Louisiana, and that makes this case a landmark case. Justice White delivered the opinion of the Court, saying that basically if a state is going to convict a person to a crime that is - by state law - punishable by up to two years, it is then considered a serious
At that time, the arguments against interracial marriage were identical to those now popular among those still opposed to same-sex marriage. I also believe that in fifty years, Americans will look back at the current controversy over same-sex marriage in exactly the same way and future generations will wonder how it could ever have made sense to so many people that marriages of same-sex couples somehow "threatened" the institution