Constitutional Law Essays (Examples)

Constitutional Law Case Study --

However, where a state statute exerts control over matters capable of being regulated by Congress under the Commerce Clause, those statutes are invalid because they conflict with a concept that is generally referred to as the "dormant Commerce Clause" (Dershowitz, 2002; Friedman, 2005). In modern application, federal courts apply a three-pronged test to determine whether or not a given state statute is invalid by virtue of a conflict with Congressional constitutional authority in relation to the exercise of the dormant Commerce Clause. In that regard, the first consideration is whether or not the statute is "even-handed" and only burdens interstate commerce "incidentally" and without discriminating against intestate commerce either on its face or in its effects. The second consideration is whether the statute furthers an objectively legitimate state purpose. The third consideration is whether any state statute that does further a legitimate state purpose does so in a manner that…… [Read More]

Constitutional Law Real Estate Eminent

" (GAO, 2006) Issues involved are stated to include "the dispersal of residents in low-income communities to other neighborhoods or cities." (GAO, 2006) it is stated that an inherent right of "sovereignty, eminent domain in a government's power to take private property for a public use while fairly compensating the property owners." (GAO, 2006)

There have been actions in state legislatures toward prohibition of "certain eminent domain practices, such as preventing property from being transferred to one private party to another for specific purposes..." (GAO, 2006) Eminent domain laws in many states have been changed so as to permit "private-to-private transfers only if it meets certain conditions, such as the property having been determined to be blighted." (GAO, 2006) However, these modified eminent domain laws have not undergone testing and moreover there is no available historical data on eminent domain use by which to make comparison of the effects that…… [Read More]

Constitutional Law Religious Freedom and

In addition to the argument that the law's requirement of hanging the Ten Commandments is contrary to a country with no established religion, the commandments were also serving no functional purpose but a religious one. In many schools, the teaching of religion and religious ideas occurs in social studies, history, and culture classes. This contributes to students' understanding of different viewpoints, heritages, and the foundations of countries and institutions. Thus, using the Ten Commandments as a lesson in Western law would be a reasonable use of the document in my view. Even hanging the ten commandments in a classroom as a display for a lesson or project or with other types of important laws would have been acceptable Hanging the Ten Commandments as they were in Kentucky, however, was done without a corresponding lesson. That is to say, a secular or educational purpose of the commandments hanging in every classroom,…… [Read More]

Constitutional Law There Are a

In the case, Carty was a passenger of a vehicle operated by another individual. The vehicle was stopped for speeding, and the driver of the vehicle was asked to sign a form of consent to search the vehicle. During the search, the officer did a pat down of both Carty and the driver, at which time cocaine was found on Carty. The signed consent to search did not include any reference to a pat down, but both parties agreed to a pat down when requested by the officer for "reasons of safety." Carty moved to have the evidence withheld, since the search was unconstitutional (332 N.J. Super. 200, 2002).

The Supreme Court of New Jersey found that even thought the consent documents were strongly worded in an effort to inform of a right to refuse search, the documents were not sufficient to uphold the Constitutional requirement. The form states:

The…… [Read More]

Constitutional Law the Case of the 'Lawrence

Constitutional Law

The case of the 'Lawrence vs. Texas' of June 26, 2003, was in a nutshell about privacy rights and 'equal protection' under the law, and whether 'sodomy' can come under the protection of the U.S. Constitution.

Who were the Petitioner(s) and the espondent(s)? The case deals with two gay men, or in other words, homosexual men, that is, men who prefer partners of the same sex, who happened to be indulging in sex in a home in Houston, Texas, in the year 1998, from where they were arrested. The house belonged to the petitioner, John G. Lawrence, and a neighbor reported to the police that there was a 'weapons disturbance' happening at the house, when in fact, John G. Lawrence and Tyron Garner, another man, were having sex within the privacy of the home. Both the men were arrested and taken over to jail, where they were kept…… [Read More]

Constitutional Law- Search and Seizure

If Harry had been stopped at a sobriety checkpoint, the outcome of his case would be dramatically different. The Supreme Court has determined that sobriety checkpoints are legal, as long as they are conducted in a neutral manner. Stopping all approaching cars meets the neutrality requirement. Moreover, the Supreme Court has also determined that the use of drug dogs does not violate one's Fourth Amendment rights; commentators have called this the "plain smell" exception. A positive sign from a drug dog is sufficient to form probable cause that there are drugs in a vehicle, which then gives an officer the right to conduct a full search of the car and its contents, including closed areas such as the glove box and the trunk. Therefore, the prospects for success in Harry's possession case for the marijuana in the vehicle would change, because Harry would likely be found guilty. However, the nature…… [Read More]

Constitutional Law Full Faith and

Following In Re Marriage Cases, a group of protesters gathered enough signatures in order to place a constitutional amendment on the ballot in November, 2008. The amendment set out to limit marriage in California to opposite-sex couples. However, that initiative didn't get far because in the State of California, voters may only amend the state constitution by initiative, they may not revise it. A revision must be passed by the state legislature or by constitutional convention (Same Sex Marriage: Developments in the Law, 2009).

The issue of same sex marriages has been a hot debate for years and will continue to be just that. As more and more states enact laws regarding these marriages, the way that people look at them will also change. Until the proponents of a federal law regarding same sex marriages mange to get a measure passed it will continue to be up to each state…… [Read More]

Constitutional Law Bilingual Education the

The court held that the district court's refusal to reopen the case and receive additional evidence after the remand from the court was not error. The court did not remand with directions to reopen the case and retry it. The only direction was that the district court was to make more detailed findings on the question of allegedly discriminatory hiring practices that adversely affected the educational opportunities afforded the Mexican-American pupils in a claim under Title VI of the Civil ights Act of 1964, 42 U.S.C.S. § 2000d et seq. The district court considered various and different matters, and also made comprehensive findings on the school district's hiring practices. The district court concluded that the school district had not engaged in any discriminatory employment practices which adversely affected the quality of educational opportunities afforded the Mexican-American children. The court upheld the judgment of the district court, saying that the school…… [Read More]

Constitutional Law - Rights the

After that great war, the black soldiers of the very nation that liberated Europe and Asia from murderous dictatorships returned home to social rules that prohibited their sharing water fountains and food services next to the white majority (Nevins & Commager).

Civil ights as a Fundamental Social Value:

Before respectfully issuing my recommendations to the Elders as requested, I would like to outline the most important principles that I believe the history of human societies on earth have made clear in the realm of social rules as pertains to diverse populations. First, the true measure of human society is not how well its most privileged and powerful members live; rather, the true measure of any society is the homogeneity with which all members of society are incorporated into it and the minimization of differences between opportunities available to all persons. Second, government authorities have a legitimate justification and motive for…… [Read More]

Constitutional Law Criminal Investigations the

His presence at the premises was a product of the coercive interrogation rather than any freely-given consent to search secured through legal means.

he State will argue that no warrant was required for Hardbutt to search the premises because Hiphop consented to the search and voluntarily allowed Hardbutt onto the premises. herefore, even if the drugs are excluded as the subject of the interrogation, the deer carcass was never discussed in the interrogation and that the deer carcass was simply discoverable as it was in plain sight.

he State will likely argue that the confession about the deer carcass was separable from the confession pursuant to the earlier interrogation at the police station and given freely. Once on the premises, Hiphop had access to food and water and lavatory facilities and he simply responded spontaneously to Hardbutt's questions..

he State's strongest argument against exclusion of the deer carcass is in…… [Read More]

Gilbert Law Summaries Constitutional Law

This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue.

Domicile

Domicile is one of the key factors in choice of law. Domicile is not the same as location. Instead, domicile is a legal fiction connecting a person to a location for a specific purpose. Domicile impacts jurisdiction and choice of law. Domicile is more than residence, as it requires physical presence and the intent to remain in the state indefinitely. There are three types of domicile: domicile at origin, domicile of choice, and domicile by operation at law. The law of the forum determines domicile.

Jurisdiction of Courts

Jurisdiction is the court's ability to exercise authority over the parties. For a court to be able to exercise jurisdiction over a party: there must be sufficient contact between the state and…… [Read More]

Four Cases That Involve Constitutional Law

Commonwealth v. Johnson
1. List the facts relevant to whether Gail and/or William Johnson’s were protected by the First Amendment.
Gail and William Johnson were convicted for criminal harassment in the state of Massachusetts. State statutes outline specific prohibitions on spoken or behavioral harassment, including the types of cyberharassment techniques used by Gail and William Johnson. The Johnsons claimed that the statute violated First Amendment rights to free speech, claiming that their cyberharassment methods were similar to verbal harassment.
2. Summarize the Commonwealth’s arguments that the Johnsons’ and their friend’s conduct was cyberharassment.
The Commonwealth of Massachusetts argued that the Johnsons’ behavior constituted cyberharassment based on several incidents. The first incident was posting the politician’s home address in a Craigslist ad. The second posted the politician’s phone number on a different Craigslist ad. The third was an email sent directly to the politician containing his social security number and other…… [Read More]

Evolution of Constitutional Law the

" (Sage, 1) This is a matter of its emergent identity, which echoed so many of the trespasses of the British Crown. Indeed, we can see that in its vying for independence, the United States would still demonstrate in some ways its immediate cultural relationship to Europe while explicitly seeking an evolution in the terms surrounding this culture.

Most certainly, the manner of treatment to which Native American inhabitants were subjected is considerable evidence of the American connection to racialist British values which drove colonialism and slave trade throughout the world. But there is also direct evidence in the debates that would unfold following the revolution between federalist and anti-federalist ideologies that the United States would still have to work to be freed form many of the vestiges of its oppressive parent nation.

The murmurings that would give rise to the American Revolution, in fact, were less a matter of…… [Read More]

Death Penalty in the Constitutional Law

public to scholars, the death penalty has come under severe criticism in contemporary epoch. The debate between the supporters and criticizers of capital punishment has been going on for decades. Is death penalty constitutional? hat are the factors that may render it unconstitutional? Is racial discrimination one of such factors?

The paper uses a set of law review articles and highlights racial discrimination in death penalty in United States, discusses different theories with regard to the racial bias question and explores the debate of racial bias pervading the American judicial system to question the constitutional basis of death penalty.

A lot of research has been conducted on racial discrimination in courts. All this research can be classified in terms of a societal or an individual perspective. Gibson discusses these two approaches on racial discrimination. The first approach can be attributed to sociologists who believe that courts can not remain neutral.…… [Read More]

European Law Constitutional Law

European Union has brought with it both triumph and controversy. The purpose of this discussion is to investigate the details of the draft constitution.

In particular, this discussion will seek to Critically evaluate the extent to which the draft Constitution creates an institutional architecture that both sustainable for the future of Europe and achieves an appropriate inter-institutional balance. Let us begin our discussion with a brief overview of the European Union and the nations that are a part of the entity.

Overview of the European Union

According to a book entitled, The Expanding European Union: Past, Present, Future, the European Union was formed in 1957 with the participation of Italy, France, Germany, Luxembourg. Belgium, and the Netherlands. (edman 1998) The union was originally referred to as the European Economic Community (EC). (edman 1998) The book explains the "EC" gradually expanded and became the European Union. The author asserts,

Any European…… [Read More]

Law and Business When Glenn

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).

Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group…… [Read More]

Laws of Corrections When Someone

The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)

Conclusion

Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.

To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow…… [Read More]

Constitutional Democracy Presidential or Parliamentary System

Constitutional Democracy / Presidential or Parliamentary System

Social and Economic Sources of Democracy

For the successful development of a democracy, two major factors come into play regarding the sources of said democracy. Of course, some of the factors are also indications of other regimes -- fascist and communist -- though as argued by the various papers, there is a distinct difference in the political structures that determine democracies over fascist and communist regimes. Because of the major results created by such factors, the most important sources of democracy would have to be the economic, industrialized, and educational values within the nation.

"The level of economic development, as measured by per capita income, is by far the best predictor of political regimes" (Przeworski). While there appears to be a similarity between the development of economic countries in dictatorships and democracies, Przeworski maintains that a dictatorship eventually dies and paves the way…… [Read More]

Law and Society

Law and Society

Bowers v. Hardwick (1986) is a significant and highly controversial legal decision regarding Sodomy laws in which the U.S. Supreme Court by a 5-4 majority decision held that nothing in the Constitution "would extend a fundamental right to homosexuals to engage in acts of consensual sodomy." The decision meant that engaging in homosexual acts between consenting adults, even in the privacy of their homes, could be considered a criminal offence and the exercise of such law by certain states did not constitute a violation of one's fundamental rights or liberty under the Due Process Clause. The decision was incongruent with a number of court decisions on related matters and was widely considered to be a "mistake" by a number of jurists until it was finally struck down by the Supreme Court, 16 years later in Lawrence v Texas (2003). In this paper I shall discuss in the…… [Read More]

Laws and Marriage Legal Marriage

Forms of marriage that should be legally banned

ay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.

Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses.…… [Read More]

Law Enforcement - Dubious Value

Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.

However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…… [Read More]

Company Law the Functions of Company Law

Company Law

The functions of company law

What is covered in the company law?

The legal implications of 'pre-registration contracts'

The Australian corporate law has seen major reforms in the last couple of years (Tomasic, Bottomley & McQueen,2002). For instance, section 131 of the Corporations Act 2001 dealing with pre-registration contracts is no-longer necessary. This is clearly illustrated by the lack of reported cases since the introduction of provisions for pre-registration contracts into the legislation. The provisions may have been relevant, even important, in a time when there were no shelf companies and we did not have the technology we have today. As this is no-longer the case it is time we simply reverted back to the common law on pre-registration contracts. The common law would make it simpler for the promoter, the company and the third party when making contracts let alone on matters of contractual liability. The purpose…… [Read More]

Zoning Laws and Disabilities

Open Fence

The objective of this study is to research cases in which U.S. citizens were denied their right to privacy and safety by either a city or country within their own property line by being told what type of fence they either can or erect in their own yard to ensure safety and privacy and where this decision was overturned in the favor of the city. The case in question involves a realtor who assured a new homebuyer that they could erect a fence that was similar to other wood fences in the neighborhood. The California Codes: Health and Safety Code Section 115920-115929 states that swimming pool fencing enclosures on pools in residential areas are required to have the following characteristics:

(a) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the…… [Read More]

Western Law

History Of the estern Law

Meaning - in legal terms - for nations to "stay the hand of vengeance"

Justice Robert Jackson, while delivering his opening speech in November 1945 during the infamous Nuremberg trials for war offenses, enjoined the leaders of the Allied forces to "stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law" (Bass, 424). According to Jackson, doing this would be "one of the most significant tributes that Power has ever paid to Reason." The combining factor in the winner's retribution in events like the botched trials at Constantinople and Leipzig after the first orld ar, the orld ar II Nuremberg trials, the Napoleon story and the on-going trial of the rulers of the Slobodan Milosevic's empire all point to an appreciation of the legal sector which has been well defined as "fixation on a process, a sense that…… [Read More]

Tax Law Memo Re The

The case had nothing to do with taxes but rather with changes in a state probate law, but the outcome was still the decision that ex post facto laws affecting solely civil matters meet constitutional muster under Article I section 10. Subsequent rulings have reaffirmed this position of the Court and made it clear that retroactive taxation would be considered constitutionally permissible despite other objections.

Specifically, in nited States v Carlton (1994) the Court determined that such retroactive tax laws do not necessarily violate the Fifth Amendment right to due process so long as there is legitimate process involved in its enactment, according to a concurring opinion written by Justice Scalia, with the majority opinion (of the unanimous vote upholding the retroactive tax in this case) creating an even broader guideline of being "rationally related to a legitimate legislative purpose."

This essentially renders and retroactive taxation, which will necessarily result…… [Read More]

Right to Practice Law the

As a practical matter, we think that unless a lawyer has, or anticipates, a considerable practice in the New Hampshire courts, he would be unlikely to take the bar examination and pay the annual dues of $125." The U.S. Supreme Court decided similarly in the Supreme Court of Virginia v. Friedman, when it struck down a requirement in Virginia barring non-residents from even taking the exam. The defendant, a Maryland resident, already had a full-time job in Virginia. The court found: "If a state denies non-residents such a privilege, it must have a substantial justification for the difference in treatment that substantially relates to the state's objective in correcting the problem. The practice of law, like other occupations, is sufficiently basic to the national economy to be deemed a privilege protected by the Clause. Although Virginia did not totally exclude nonresidents from practicing in the State that does not mean…… [Read More]

Family Law Part Two the Following Is

Family Law, Part Two

The following is an overview of the various topics covered in Family Law, Part Two. The pertinent areas of discussion will be defined, explained, described, compared and contrasted in order to illustrate the information garnered from this segment of Family Law. Included is a description of the impact of the Child Support Enforcement and Establishment of Paternity Act of 1974 on state requirements in the area of child support. Also offered, in a section on spousal support, is a comparison and contrast of permanent alimony, lump-sum support, and rehabilitative support. Then, an explanation is presented regarding the significance of timing in the classification of property in the division of marital property. Additionally, a description of how the 1968 case of Levy vs. Louisiana significantly changed the legal status of children of unwed parents. Finally, the pros and cons of using a sperm bank for artificial insemination…… [Read More]

Business Law the 1988 and Later 1992

Business Law

The 1988 and later 1992 Supreme Court decision in Cipollone v. Liggett Group, Inc. illustrates the functions and role of law in business and public health. This case relates to the tobacco industry's culpability in promoting smoking through marketing campaigns after knowledge of the detrimental effects of smoking, and in spite of the mandatory Surgeon General Warning labels that had been federally mandated since the 1960s and the Federal Cigarette Labeling and Advertising Act (1965 Act).

In the Cipollone v. Liggett Group, Inc., case, it was ultimately decided that the federal laws trumped state laws that permitted promotion of harmful materials, in this case, cigarettes. What is interesting about this case is that it pertains directly to marketing, rather than to the tobacco companies themselves. Separate litigation, of course, impinged upon the tobacco companies. The Cipollone v. Liggett Group case illustrates several key points. First, the case upholds…… [Read More]

Anti Gun Control Despite Constitutional

The government has no right turning a blind eye to criminals who possess arms, allowing innocent citizens to live unprotected in their own homes. It is far too late to restrict access to guns, anyway. The market has already opened its arms to criminals who have stashes of weapons. Those weapons aren't going anywhere and so American citizens must have unrestricted access to the weapons that can protect them from being killed by criminals.

Gun control also prevents objective education surrounding the proper use of guns. If young adults are taught how to properly store and use a firearm they are less likely to use them indiscriminately. espect for guns helps create a more educated, enlightened society instead of one that cowers in fear from the very thought of a weapon that has been around for centuries.

The original purpose of the Second Amendment was to empower the citizens of…… [Read More]

Criminal Defense Constitutional Rights Arrest Constitutional Rights

Criminal Defense, Constitutional Rights Arrest

Constitutional Rights Before and After Arrest

Constitutional Rights are essential when considering a person's relationship with the authorities before and after his or her arrest. These rights practically guarantee that the individual is presented with a fair treatment. There has been much controversy regarding Constitutional Rights in the recent years, as people became confused concerning the rights of suspected criminals and the government's interest to protect the nation. Constitutional Amendments are basically meant to protect people before they are arrested.

Courts from around the country often deal with cases related to the level of authority that the police had to detain particular citizens. Police officers sometimes take advantage of the fact that they can stretch legal concepts with the purpose of producing justification for certain actions they commit before or after arrest.

Present-day conditions regarding Constitutional Rights are alarming, given that the authorities sometimes fail…… [Read More]

Theories of Constitutional Interpretation

students opportunity discuss a key political science concept, show a basic understanding academic research reporting skills.

Define "loose construction" and "strict construction" methods of constitutional interpretation, and describe how each perspective aligns with formal vs. informal methods of change.

The 'strict construction' view of the Constitution has traditionally been aligned with conservatives such as Robert Bork who argue that "a judge interpreting the Constitution" should only consider "the words used in the Constitution [as] would have been understood at the time [of enactment]" (Linder, citing Posner, "Theories"). In contrast, the 'loose construction' view (traditionally aligned with more liberal politics) stresses the need to interpret the Constitution in a manner beyond the letter of the law. There are a number of factors which justices traditionally consider when making constitutional interpretations, including the text itself; likely intentions of the founders; precedents; consequences of the decision in the 'real world;' and so-called 'natural…… [Read More]

Environmental Law the Offshore Oil and Gas

Environmental Law

The offshore oil and gas industry is complex in its rules and regulations

There are many different regulatory bodies that have some control over the industry, and they do not always work together as well as they should. This can become a serious issue for companies that are interested in oil and gas production, because they can have trouble keeping all the regulations straight. With UNCLOS, MAPOL, OSPA, and the EU all offering regulations and requirements, it becomes very difficult for companies who work with oil and gas to be clear on the requirements

Unfortunately, that can lead them to make mistakes, to misunderstand rules, and to ignore or avoid other regulations because they seem too complicated or they are not sure if they are even applicable. That can get a company into serious trouble, so it is very important that these companies focus in on how to…… [Read More]

Government Constitutional Non-Compliance During Times

There are limitations on the destruction of wiretap records. The numbers of crimes for which wiretaps can be used, the types of judges who can authorize taps have both however, been expanded.

What Does the Constitution Say?

The United States Constitution states many principles of constitutional law that must be present in for Democracy to truly exist. Democracy is characterized by freedom and liberty to think and believe individually and the freedom to express those beliefs through speech that does not trod upon or offend others. The travesties against justice n committed in the name of Democracy is an affront to all that was intended, fought, and died in attaining in America.

Freedom, liberty and justice not only in America indeed, for the entire world. ut there are limitations within the realm of freedom and justice, for it is not freedom or justice in the forcing of what is termed…… [Read More]

Evaluation of U S Laws and Politics

Constitution

The United States Supreme Court is the backbone of the country since it acts as the premise of governance and supreme law of the land. The Constitution has established a unique form of government in which governance is by the people and for the people. As a living document, the U.S. Constitution changes as the country develops and changes. However, the development of the nation's constitution was influenced by several historical and/or philosophical influences. One of the historical influences upon the American Constitution was the Articles of Confederation, which was adopted by Continental Congress. These articles influenced the establishment of the Constitution through prompting discussion on the proper scope of governmental power in the aftermath of the Confederation. The Articles of Confederation influenced the constitutional section on separation of powers because of discussions on governmental power. There was no distinct executive branch under the Articles of Confederation (Halvorson, n.d.).…… [Read More]

Political History and Constitutional Importance of the Slaughter House Cases 1873

Slaughter-House Cases

Impact of the Slaughter-House Cases

The adoption of the constitution of the United States of America faced opposition from groups that feared the takeover of a centralized government. This opposition arose from the fear that this new centralized government would demean and embarrass the states by forcing or administering and contradicting the state's decisions, laws and policies. Opponents of the constitution feared that "the powers granted to the proposed government were not sufficiently guarded, and might be used to encroach upon the liberties of the people" (McClain 18). After the ratification of the constitution by the states the desire for amendments and regulations that restricted the powers of the new government was voiced by representatives of those states.

There was extreme fear that the everyday rights and liberties of citizens of a state would be impacted, restricted and oppressed by a centralized form of government. The desire to…… [Read More]

Law Complies With the Equal

Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were created in trading relationships between the states under the Articles of Confederation. As the nation has increased in size and economic activity, the application of the Commerce Clause has become increasingly more important. The landmark case of Marbury v. Madison established the power of the U.S. Supreme Court to interpret the application of the Commerce Clause.

4. What is discovery and what are the methods to obtain this information?

Discovery is the pre-trial phase in civil and criminal law where parties obtain information regarding the evidence possessed by the opposing side in the litigation. Various tools of discovery are available by the parties such as interrogatories, request for admissions, request for the production…… [Read More]

Law and Legal Significance of Michael Connelly's the Lincoln Lawyer

Lincoln Lawyer by Michael Connelly

In The Lincoln Lawyer, a legal thriller novel, Michael Connelly delves deep into the inner-dynamics of criminal justice system, highlighting the disconnect between the system's underlying idealistic philosophies, and the often ethically questionable, practical realities of how the system actually plays out. The protagonist, Mickey Haller, is a successful and well-known Los Angeles criminal defense attorney and trial lawyer, who operates his practice out of the back seat of his chauffeured Lincoln Town Car. Haller displayed a highly cynical attitude regarding the nature of the justice system, asserting that "[t]he law was not about truth. It was about "negotiation, amelioration, manipulation." Haller saw himself as a mere "mechanic," working with a "large rusting machine that sucked up people and lives and money." His 15 years of 'wheeling and dealing' in the system, representing gangsters, drug dealers, prostitutes, and thugs, led him to conclude that the…… [Read More]

Laws That Cover Employment Discrimination

Under the provisions of Title VII, all employers involved in interstate commerce with more than 15 employees are prohibited from discriminating against their employees on the basis of race, color, religion, sex or national origin. Title VII makes it illegal for employers and labor unions to discriminate in relation to hiring, discharging, compensating, or in providing the terms, the conditions, and privileges of employment.

Actions pursued under Title VII are involved a different course of action from those filed under §1981. §1981 actions can be filed directly in the trial court while Title VII actions must first be filed with the Equal Employment Opportunity Commission (EEOC). This is an informal process, initially, and requires that the aggrieved party meet with an EEOC counselor. The counselor will advise the party of his or her alternatives which include traditional counseling or alternative dispute resolution. The injured party will make a determination as…… [Read More]

Law Enforcement Response and Other Family Violence Related Crimes

Federal and State Legislation

Domestic Violence Legislation at the Federal and State Level

Domestic violence is considered any violent act taken against someone involved in an intimate or family relationship (Eulich, 2013). It is a serious problem with countless victims each year. In 1994, Congress passed the United States Crime Bill which gave power to the federal government to help combat domestic violence, in particular violence against women and children. Specifically, the Violence Against Women Act (VAWA) was created to address this problem which is considered to not only hurt victims, but also damage families, children and society as a whole (Eulich, 2013). The Act mandates that such crimes may be prosecuted by the Department of Justice and that the Gun Control Act (that existed as part of the federal Crime Bill) be extended to include issues related to domestic violence crimes. This VAWA gives the federal government a platform…… [Read More]

Laws and Court Decisions Related

Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…… [Read More]

Law- Separation of Powers

Separation of Powers

Doctrine of Separation of powers in Australia

The concept of separation of powers has been in operation and application in many countries. This has always helped them in ensuring efficient governance and effective working of each arm of the government without interfering with the other organs of the government. Factually, the different arms of the governments cannot operate independent of each other, yet they must keep a safe distance that will enable them operate effectively and carry out their daily activities. This doctrine of separation of powers classifies the institutions of government into 3 major branches classified as the legislative, the Executive and the judicial branch. Separation of powers in Australia

The Australian system is referred to as the Westminster system which is a system that was adopted from England and still has the Queen as the overall head who resides in England but represented locally by…… [Read More]

Constitutional Originalism

ainwright v Gideon

In 1961, a man named Clarence Earl Gideon was arrested for stealing coins and alcohol from a Panama City, Florida, pool hall. He was a poor man and could not afford a lawyer. Following his conviction, he served five years in prison. During that time, he sent a handwritten letter to the Supreme Court in which he explained that he had been forced to fend for himself in court, without legal representation. Because of Mr. Gideon, the Supreme Court justices declared that criminal defendants have a right to legal aid (Gest). It was a right decision by the Supreme Court. The United States was founded on the principle that all men should be equal. By providing criminal defense to the poor, the court is leveling the playing field so that everyone receives the same fair treatment. Since crimes are committed disproportionately by the poor, the Supreme Court's…… [Read More]

Law Enforcement and Leadership

Leadership

A comparison of Law Enforcement with Other Professions

Who first comes to mind when you think of a 'Leader'? Is it Alexander the Great? Napoleon? Winston Churchill? Gandhi? Leadership is an interesting phenomenon to consider, from the perspective of civilization, of nations, of political change, and of history. What makes one person a leader while another tries and fails? What is a good leader and how is that different from a 'great' leader? The definition of leadership also varies with the context and with the individual who is defining leadership. The nature of leaders has changed as civilization has evolved, and the leaders we as a society need today may be different from those of a century ago. A national leader is distinct from a local leader, a oy Scout leader, or a team leader in a sport.

Thus, definitions of leadership vary with the situation. However, they include…… [Read More]

Law & Ethics

Unconsented Facebook Behavioral User Research

Facebook's 2012 involvement in a behavioral experiment on a series of its unknowing users

Case Presentation

There is much controversy with regard to Facebook's role in a scandal involving users being followed and exploited. The company is responsible for performing a study where 689,003 individuals on Facebook were manipulated in an attempt to determine how particular ideas influenced them. These respective users were divided in two groups: one of them was provided with news feeds containing positive information while the other was provided with news feeds containing negative information. As a consequence of the experiment, analysts determined that the first group was more likely to make positive posts while the second was inclined to post negative ideas.

Facebook's attempt to interfere with people's lives and analyze how this affected them raised a series of questions:

as this experiment ethical?

as this experiment legal?

To what…… [Read More]

Differences Between Constitutional Models

Constitutional Models and Political Parties

Constitutionalism and noble representative government are concepts and practices that have existed longer than the American epublic. The existence of these concepts provided the foundation for the formation of the American Democratic Experiment through acting as ingredients towards this process. Since the foundation of American epublic, there are various constitutional models that have been established. These different models have been established in attempts to respond to several governance issues that emerge from time to time. Actually, these different models have provided the foundation for governance models and practices for better governance of the society. Some examples of constitutional models include the 18th Century Madisonian and Hamiltonian constitutional models and Barker's normative democratic theory, which differ with regards to their major components.

Madisonian and Hamiltonian Models v. Normative Democratic Theory

The 18th Century constitutional models basically relied on principles introduced by Madison and Hamilton. Madisonian constitutional…… [Read More]

Criminal Laws in the United States Are

Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides the basis for the development of legislative agencies that are empowered to criminal and other legislations. For instance, the country's constitution has established the Congress and provides it with the power to make laws. The importance of the Constitution to the substantive criminal law is evident from the fact that it establishes limits on the definitions of crime. In most cases, the criminal laws of specific states and federal governments as well as the definition of crimes and their respective penalties are found in the penal codes of every jurisdiction. The establishment of criminal legislations in the United States has evolved through the years and is based on several fundamental principles.

Creation of Laws in the United States:

Most of the…… [Read More]

Pre-Law Learning Plan

Pre-Law Curriculum for the Sixth Grade

Governmental Background

These courses are drafted to create a strong background and knowledge base for the student to explore a career in the legal field in America to a range of degrees.

The American Federal System

This course will present to the students the powers specific to the federal government, specific to the state government and those specific to both. The goal is to have the student understand where these powers are different and where they overlap as well. Students will be forced to consider how the people are able to maintain their sovereignty within this system and the importance of doing so.

State and Local Government

Presents the constitutional background for the state and local government while putting an emphasis on the overlap of the states and their subdivisions along with the goals of both state and local politics. Students will be encouraged…… [Read More]

Soviet Law

Soviet Law

The legal system of ussia may be viewed through the prism of communism and Marxism, but that is not all that needs to be considered when discussing Soviet than ussian legal ideology and court systems (Bartlett, 2008). In reviewing the development in how western scholars think about the impact on ussian law from Soviet legal practices, Bartlett points out that law is more than just statutes it is also the "social practices norms, behaviors, and expectations" of the public (Bartlett, 2008, p. 4). As one of the world's nuclear powers and the largest country in Eurasia an understanding of the development of Soviet ussian legal practices is essential to an understanding of region.

Origins of USS Legal History

Soviet law was portrayed as socialist law but the ideology behind it was strictly Marxism (Berman, 1948, p.223). In the socialist legal framework, the legal systems under a capitalist regime…… [Read More]

Autonomy of the Law the

The Appeal Court reversed the decision declaring that 922(q) is invalid as it interfered in state matters. The Federal government did not have the right to interfere in matters such as possession of firearms in or near a school. The significance of the case is that it once again highlighted the limits of the power of the federal government. Chief Justice ehnquist declared that the congress had the power to regulate the channels of commerce, the instrumentalities of commerce and actions that affected interstate commerce. The Lopez case was therefore considered outside the federal jurisdiction.

Heart of Atlanta (Motel) v. The United States'

This case related to the application of commerce powers and also involved racial discrimination. This case involved commerce clause and Civil ights Act. The Court ruled that Congress had the power to regulate a business that served interstate travelers. It also declared that racial discrimination disrupts commercial…… [Read More]

Megan's Law

Megan's Law (Pro)

In 1994, Megan's Law was passed in order to protect innocent women and children from violent sex offenders. Critics of the law have argued that the law infringes on the constitutional rights of sex offenders after they have been released from prison; however, it is my position that the law is constitutional and an excellent deterrent to stop repeat offenses by convicted sexual offenders.

This report is an attempt to understand the constitutionality of Megan's Law. Megan's Law was the state of New Jersey's attempt to control repeat sex offenders from assaulting women and children. The law eventually became a national campaign to control sex offenders as all fifty states have since adopted at least some parts if not all of the original New Jersey statute. However, because we live in a society where rights go to both criminal and non-criminal alike, there are several legal battles…… [Read More]

Violation of the Student's Constitutional Rights the

violation of the student's Constitutional rights

The issue is whether there has been a possible violation of a student's "constitutional right to education" due to the fact that during the time she had to stay in the cage based on Mr. Billups' order she had to miss all of her other classes for that day. R: The rule is that unlike various state constitutions the federal Constitution does not contain a "right to education." The U.S. Supreme Court addressed itself to this issue in 1973 in San Antonio Independent School District v. Rodriguez. In this decision the U.S. Supreme Court held that education is neither explicitly nor impliedly guaranteed as a "fundamental right" in the U.S. Constitution (Constitutional Requirements Governing American Education -- Federal constitutional Requirements, State Constitutional Issues, Conclusion, p. 1). Therefore, a constitutional right to education of student Li could not have been violated by Mr. Billups. I:…… [Read More]

Correctional Law

Constitutionality of a Postcard-Only Mail Policy

Postcard-Only Prison Mail Policy

Constitutionality of a Prison Postcard-Only Mail Policy

The Constitutionality of a Prison Postcard-Only Mail Policy

The state Department of Corrections (DOC) has requested a legal opinion of its postcard-only mail policy covering all incoming and outgoing letters and packages. The DOC is facing several lawsuits alleging the restrictive mail policy is violating the Constitutional rights of inmates, as well as external parties wishing to communicate with inmates through the mail. The following opinion represents a review of the applicable case law and whether the mail policy could withstand Constitutional challenges.

Issues

The lawsuits that have been filed against the DOC for implementing a postcard-only mail policy allege violations of free speech protected by the First Amendment, privacy violations under the Fourth Amendment, and procedural due process rights under the Fourteenth Amendment of the U.S. Constitution.

Brief Answer

Based on considerable…… [Read More]

Rules of Law Established in

The Supreme Court ruled that the Federal government lacked constitutional authority, mandated by the Fourteenth Amendment, to outlaw racial discrimination by private individuals and organizations. The court ruling stated that the Civil ights Act of 1875 was unconstitutional. The decision was challenged by the Justice Harman as a narrow interpretation of the Fourteenth Amendment, but the Court nevertheless with overwhelming majority ruled that neither the Thirteenth nor the Fourteenth Amendment granted the Federal state jurisdiction over these five cases. "This ruling," as argued by some scholars, "practically put an end to the federal government's attempt to enforce the guarantees of the Fourteenth Amendment" (Barnes and Connolly, 1999, p. 338).

In both cases, the U.S. Supreme Court recognized the rights of individual states that narrowly defined the provisions of the Fourteenth Amendment. In the Slaughterhouse Cases, the Louisiana State protected a monopoly power to the detriment of individual workers. The Supreme…… [Read More]

International Crime Law the Objective

The ICJ made clear that it did not desire and was not trying to expand its jurisdiction and stated that the issues did not "expand its jurisdiction into new areas by stating that the issues did not "concern the entitlement of the federal states w/in the U.S. To resort to the death penalty for the most heinous crimes" and that the function of the ICJ is to resolve international legal disputes not for functions of a criminal appeals court.

Summary and Conclusion

It is the purpose of Article 41 of the VC to allow for an interim period pending trial in which the consular officers of the country involved are enabled to go on with their business in the period between the commission or occurrence and the trial of the crime for which the individual is accused. It is important to note that Under Article 41 of the 1963 Vienna…… [Read More]

Hispanics to Study Law One

However, the law did engender social change; fifty years after the Brown decision, there is no system of legal segregation in America.

While changing the law through the use of the court system by challenging laws that violate the Constitutional guarantees of equality is an effective means of social change, it is insufficient to provide the broad scale social change needed to protect the rights of Hispanics in America. One of the problems facing Hispanics is the fact that English, while not declared an official language, is used in a way that excludes Hispanics from participating in many facets of American life, including the American legal system. The use of English-only is not discrimination and does not violate the letter or the spirit of the Constitution. Therefore, it is only by having Hispanics involved in the legislative process that such disparity can be corrected. The fact is that legislators, while…… [Read More]

Is Law Political

law and politics and demonstrate what the difference is, if any, between law and politics.

The difference between law and politics has been debated among those to who are referred to as "purists," which are those who hold as a belief that "law" and "politics" have nothing to do one with the other and those which are referred to as "legalists" would adhere to the belief that there is absolutely no difference between law and politics. The first obvious step of discovery is to examine the definition of each of these subjects. The definition given for law is as follows:

rule established by government. 2. legal profession

police 4. rule of natural phenomena.

Next to discover the definition for politics which, is listed as follows:

Politics: n 1. Theory and conduct of government 2. Political affairs and methods.

At first glance it does seem that the two indeed are the…… [Read More]

Business Law Case Review

Tennessee Scrap ecyclers Association v. Bredesen, the court affirmed the law in question and upheld the state's ability to set the terms under which it would allow transactions regarding scrap metal to take place. The court noted that the problem the law was designed to thwart was a local issue and thus did not violate the Fifth Amendment's Commerce Clause (State law, 2009, Cengage). Also, the additional burdens imposed upon the scrap metal dealers were so minimal it did not affect their ability to participate in interstate commerce, nor did it give additional privileges to in-state dealers. "The government did not take possession of any property; it only regulated the method in which the business is lawfully transacted" and there was a compelling law enforcement issue at stake -- to prevent transactions in stolen merchandise (State law, 2009, Cengage).

Section 2

In the case of American Canine Foundation v. City…… [Read More]

Case Laws

Slaughterhouse Cases, Takings Clause

PART I Slaughterhouse Cases

198 U.S. 45 Lochner v New York 1904 (Oyez, 2013)

UNITED STATES SUPREME COURT

Joseph Lochner

The People of the State of New York

TALE OF AUTHORITIES

FACTS -- Lochner was convicted but he appealed to the Supreme Court and argued that the bakery labor law interfered with an employee's liberty to contract as guaranteed by the 14th Amendment.. The employee has the right to substantive due process of law.

A state law did not allow workers in the bakery business to work longer than 60 hours a week, willingly or not. Is this law consistent with the 14th Amendment? If so, which should prevail -- the citizens' right to contract the length of work hours or the state's right to control work hours?

ARGUMENT -- In a 5-4 decision, Justice Rufus Peckham ruled the akeshop Act was unconstitutional and reversed Lochner's…… [Read More]

Minor's Constitutional Rights Courts Have Recognized Some

Minor's Constitutional Rights

courts have recognized some Constitutional rights for students attending public schools that school officials need to be aware of. Even though, school officials have been given the right to control student conduct on school grounds, school officials can cross the line when it comes to student rights. The Supreme Court case Safford Unified School District #1 v. Redding (2009) is a prime example of school officials crossing the line concerning violation of a student's Constitutional rights when the Arizona middle school had strip searched 13-year-old Savana Redding under suspicion she was hiding ibuprophen pills in her underwear (arnes 2009).

The fact was another student had been found with prescription strength ibuprophen and told the Assistant Principal she received it from Redding. After being pulled into the office by the Assistant Principal, Redding had consented to a search of her backpack and outer clothing. When the search found…… [Read More]

Statutory Interpretation and Statute Law

The second case highlights how Commonwealth Chemicals Commission officers made a major mistake by not detaining Lucia for further questioning under the Act. This is troubling because she was in possession of the banned chemical, had large quantities of it, was storing it in her house and was importing the chemicals in from South America. These different elements highlight the fact that Lucia could be involved in some kind of terrorist related activity. Where, the raid and subsequent search of the property would provide more than enough information for officers to suspect that she was involved in such activity, based on probable cause. However, because officers did not detain Lucia under the different provisions of the Act, means that the terrorist organization could know that law enforcement is not far behind. At which point, they could change their tactics or plans, to avoid any kind of further disruptions from the…… [Read More]