Constitutional Law College Essays Samples For Students

Describe how the three branches of criminal justice operate as a cohesive system by analyzing their collaboration and communication practices.

The American criminal justice system has three branches, each of which has its own role to play in the criminal justice system as a whole (Gerstenfeld, 2006). Without each branch of the criminal justice system working properly, the criminal justice system would fall apart—each part of the system plays its role, while simultaneously giving power and legitimacy to the other branches of the system (Gerstenfeld, 2006). To function properly, however, each branch must be able to collaborate with the other branches and ensure agreement.
The first line of defense in the criminal justice system is law enforcement (Gerstenfeld, ...

One of the cornerstones of the UK Constitution is parliamentary sovereignty. Parliamentary sovereignty makes the UK parliament the supreme legal authority in the country that is charged with the role of creating or ending laws. The parliament sovereignty doctrine has stood for a considerable period in the UK constitution. Although it has managed to stand solidly, some constitutional developments have, however affected this sovereignty. The parliament has itself passed some laws that have limited the application of this principle. These laws have been a reflection of the political developments both within and outside the United Kingdom. The aim of this paper ...

Question a (1)

The first amendment of American constitution guarantee its citizens the right to freely participate in their religion., the same constitution also forbid the government from approving a law that favors particular religion, setting up a command of severance of the state and church (Stephens, & Scheb p. 408). The first right give individuals the freedom to practice and enjoy their religion at liberty with no interference. The American Supreme Court has struck down all legislations that restrain its citizens from participating in their religion. The American court held that it is unconstitutional for Amish children to attend schools till the eighth grade ...

The principle of separation of powers is one of the oldest at common law, having been enunciated by John Locke in his Constitutional theory. In his treatise, Civil Government, he argued that it would be a wrong for the same person to have law making powers and the powers to execute the same law. According to him, such powers were vested in the same institution or group of persons, there would be a great temptation of such individuals to use such powers to their own benefit and also to exempt themselves from their application. This principle was later modified ...

Burwell v. Hobby Lobby Stores, Inc.

In 2010, Congress passed the Affordable Care Act (ACA). Under the ACA, the Department of Health and Human Services (HHS), is authorized to promulgate regulations on the kinds of contraceptives and family planning services that should be covered under certain employer-based health plans. Previously, HHS exempted a broad class of religious institutions (e.g. churches, religious orders, and their integrated auxiliaries) and not-for-profit organizations. Eventually, HHS concluded that any contraceptive approved by the FDA should be covered. Under the contraceptive mandate, any company not in compliance is subject to a penalty of $100 per ...

Introduction

Parliamentary sovereignty is one of the most sensitive subjects on the United Kingdom legal and political agendas. Since the monarch of the country was made subordinate under the United Kingdom unwritten constitution, numerous questions regarding the ability of Parliament to adopt the acts of supreme legal force has been regularly contested. In particular, there is a strong division among the UK legal scholars in this regard. While the first group strongly believes that the Parliament of the United Kingdom is not confined by anything and anyone, others are the staunchest advocates of the idea that the Parliament’s powers ...

H.L.A Hart.
“There are two minimum conditions necessary and sufficient for the existence of a legal system. On the one hand those rules of behavior which are valid according to the system's ultimate criteria of validity must be generally obeyed, and on the other hand, its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behavior by its officials.” Laws are systems that may prohibit individuals to carry out a variety of actions or that may compel an assortment of responsibilities on persons. ...

Arunabha Banerjee

Senior Associate, Corporate & Compliance Solutions, Thomson Reuters
Abstract
This article proposes to compare the reigns of Chief Justice Earl Warren and William Rehnquist, two stalwarts of the Federal Supreme Court, in influencing civil rights protection jurisprudence in the history of American Constitutional law. After individually addressing key aspects of their respective tenures, the article delves into a comparative analysis and examines recent trends in protection of civil liberties in light of past developments and future prospects.
Keywords: Supreme Court, Warren, Rehnquist, Civil Rights, Civil Liberties, Constitution, National Security

Introduction

The Federal Supreme Court in the United States of ...

Law

Cerar (2010, p.4) “stated that it is an imminent characteristic of every law that it is also the means of certain politics”. It bears to stress, however, that law cannot be considered as a pure form through which the political content may be achieved since it is in the very nature of law to become independent or autonomous since it can stand on its own. However, in the case of politics, it cannot exist without the law for it is the law which gives its structure and maintains it within certain limits that are dictated by the concepts of justice ...

Background

The Supreme Court ruled against the constitutional law that defined certain forms of abortion as illegal, thereby, legalizing them in this 2000 landmark case (Baldwin, 1). “Partial birth” is a form of abortion where a physician delivers a fetus vaginally before killing it, or the intentional vaginal delivery of a live unborn before killing the fetus, according to the statute. However, the Nebraska law defines partial birth a set of procedures employed by a physician to perform third trimester abortions. The case involved a specialist physician in late abortions, Leroy Carhart against the Attorney general of Nebraska seeking to reverse the statute against partial birth citing ...

Edinburgh, Scotland: Canongate Books, 2007

Summary
The Audacity of Hope: Thoughts on Reclaiming the American Dream is a book that can be categorized as an autobiography of the first African American president in the history of the United States. This book that was written and released shortly before announcing his presidential bid, the then Illinois senator’s second book addresses a collection of topics, which was considered by several political analysts as a means of paving way for himself in the looming presidential campaigns of that time. In this book, the author gives a detailed account of his journey through politics: he explains the driving forces behind ...

Facts and briefs on this case

Feiner, who is the is the defendant in this case is convicted of a misdemeanor, a disorderly conduct under the laws of the State of New York, which is the plaintiff in this case. His arrest follows making remarks the court considers derogatory while addressing both Caucasian and black Americans. The court translates this to imply incitement of the audience to rise against the whites and fight for their rights. Police offers deployed to the scene unsuccessfully stops him from making such speech.
Feiner Irving holds a sidewalk gathering speech briefing to invite the audience to attend a meeting at the corner ...

Introduction

Justice John Marshal, the 4th chief justice in the United States court opinions was crucial in laying the basis for the American constitutional law. His court opinions made the United States Supreme Court a coequal branch of the government along with executive and legislative branches. He is regarded as a longest serving chief justice. He actually dominated the US court for more than three decades. His significant role in developing the American legal system cannot in fact be underestimated.
Most remarkably, Justice Marshall reinforced the leading principle that the American federal courts are compelled to employ judicial review through disregarding ...

Civil Rights and civil liberties date back to the year 1791 in the United States of America (Bean, 2009). It was during this year that the first amendment to the bill of rights was made. Fifty seven years down the line, a movement was in place representing the civil liberties. This was the civil rights movement. The civil right and liberties have undergone various changes over the years following the many constitutional amendments as well as the dynamics of the federal mandate. Differentiating between civil rights and the civil liberties has been an uphill task to the elite as well ...