Essays on Constitutionality

CHAPTER II

This chapter will seek to conduct an absolute inquiry into what makes up security interest laws in the United States. In order to lay the foundation for comparisons in subsequent chapters, the three main elements of the study of the Saudi system will be reviewed here in the context of U.S laws with an emphasis on California state law. The features of the California legal system will include the assessment of foreclosure rules and patterns in California. This will include a detailed fact-based evaluation of CCP580 (b), CCP580 (d) and CCP726 (a). The different components will enable the study ...

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Introduction Established by the Greek statesman, Solon, sometime in the 600 B.C., voting has always been a key feature of democracy. The international community regards it as the most basic human right, which should be protected and guaranteed to all citizens of a country as stipulated by internal human rights laws. A government by the people must have the participation of the people, which is realized through suffrage. Today, voting rights are already universally practiced, yet there are certain circumstances wherein such right is taken away by the state. In the United States, a person will lose ...

Fearing that there could be dire implications towards the nation’s democratic ideals, many people in America have aired their criticism regarding state laws that bans felons from voting. Law professor and New York Times columnists, Janai S. Nelson, criticized the practice as ‘anti-democratic’ and discriminatory. In a New York Times article dated April 2016, Nelson stated that the running policies of felony disenfranchisement in the United States are comparable to “ the antiquated laws that excluded women, people of color and the poor from the ballot box,” which, according to Nelson, is “an anti-democratic tool with a sordid history ...

The US Constitution was born amidst the uncertainty and the instability that the Articles of Confederation could not correct. In crafting the set of “institutional arrangements of government” (Lowi et al 2015, p. 40), which was believed to result in the strengthening the union of the various states that the Articles were not able to do, the framers had to tread a delicate balance between state independence and federal government power. Their deliberation of the document was largely underpinned by lessons from past historic experiences that underscored the weaknesses of the Articles. In crafting the Constitution, there were several ...

Facts and History of the Case

In order to understand the point of reviewing the case of Obergefell v. Hodges, on has to be aware of the facts about the case first. The Obergefell v. Hodges case was a landmark case that was handled by no less than the United States Supreme Court . The main issue at hand was the constitutionality of the previously implemented clauses banning same sex marriages. There were two issues at hand here. The first one was the legalization of same-sex marriage. The second issue was whether the prior and the still existing bans on same-sex marriage were constitutional or otherwise. ...

Introduction

The United States government has the mandate of ensuring the security of the nation by developing and implementing legislations that promote the safety of all citizens. Numerous cases of insecurity experienced in the country over the last few years stretching from drug and human trafficking to terrorists have made the federal government more concerned about the future of the country regarding securing her citizens. Terrorism brings more concerns in the area of homeland security among many security threats facing U.S. The priority of the U.S. Department of Justice is to prevent future terrorist attacks in the country. September 11, ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of protected ...

The legal principles of the United States were originally derived from the English and French legal systems, (Federal Judicial Center). Before that, those European systems were derived from Roman Law, (Federal Judicial Center). However, the system that we see in place in the United States today is derived from the United States Constitution, (Federal Judicial Center). The courts that comprise the federal and state systems are outlined in the Constitution. The Constitution essentially lays out the framework and limitations that the courts of the land can take. It is up to the Congress and the individual states to exercise ...