Essays on States Constitution

Search and seizure legal procedures draw much controversy because most people have a high level of expectations regarding privacy. This high level of expectations can be traced back to England’s ‘castle doctrine’ wherein the law recognizes the right of a person to defend one’s home or property from unlawful entry (U.S. Government Publishing Office, 1992, p. 1199). Such expectations regarding privacy, however, is not absolute. In fact, the law provides that intrusion on private property can be made lawful under certain circumstances prescribed by the law. There are several provisions under the United States constitution that can ...

The influx of drug-related criminals is the main cause of overcrowding in most correctional institutions across in the United States and specifically Texas. Offenders' numbers related to other crimes such as homicide, robbery, and burglary have remained steady over the number of years, but drug-related offenders are increasing leading to a high number of them behind bars in prisons across Texas. The problem is captured in a study by the state government which found out that six of ten prisoners in the state and federal facilities are convicted of drug possession or drug abuse charges. As such, this means ...

The United States constitution comprises of the Bill of Rights which contains rights and personal freedoms that are guaranteed to all its citizens regardless of colour, gender, One of the founding fathers, Alexander Hamilton opposed the Bill of Rights because he believed that it would be potentially dangerous. There are certain rights and freedoms which provide citizens with too much power in their hands and this has led to negative or dangerous outcomes. The second amendment of the United States Constitution is the right to bear arms. This amendment allows Americans to obtain the licences to possess and carry ...

In American politics, the association between Congress and the President has been, as one would expect where there is a division of powers, challenging. The Founding Fathers developed a system of checks and balances as the foundation on which the States ratified the American Constitution. As a result, and with one branch of the government writing laws and determining budgets that another branch has to execute and spend respectively, an inherent tension has defined the American government. Now, every President seeks to influence policies. After elections, a country’s President is at liberty to bring his or her goals ...

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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 ...

At the foundations of the American Revolutionary War, of between 1775 and 1783, were calls for independence among the Patriots residing in Britain’s Thirteen Colonies in North America. The Americans emerged victoriously and as a result, the English Monarch lost its claims over the vast territories. Now, the understanding of freedom in the thirteen regions revolved around the eradication of tyranny to pave the way for democracy and for that reason alone, the United States abhorred monarchies and promoted a government based on a democratic system. To that end, it is no wonder that concerns over the central ...

The first article analyzed and discussed is Joseph Baker’s “Courts Should Join Information Age; Using Video and other Technology Would Greatly Benefit the American Justice System”, was originally published in the Orlando Sentinel on December 19, 2004, and is an example of the use of old technology in the American justice system. Baker focuses his intentions of the value of television and the Internet, which has provided the ability to portray events as they happen from anywhere on the planet. It is these forms of media, which have enabled users the ability to see and hear real life ...

The spread of the content for public mass media is greatly impacted by the spread of globalization in the world. This has greatly affected the individual lives of the younger generation as they are presented with the opportunity of viewing illegal and restricted content. Due to this, certain states advocate for the increase of cyber security in order to curb the unrestricted flow of illegal content found on various websites and several mobile applications. Countries like New Zealand and the United States understand the relevance of increasing cyber security by introducing severe control instruments regarding the publication of restricted ...

Introduction

The United States Constitution can be described as the highest law of the land. During court proceedings, the constitution is the supreme law that is applicable in determining the outcome of criminal litigation, but other laws arise from the Amendments to the Constitution. The United States Constitution often guides how the government should function, the jurisdiction of the presidency, American Congress, and the Supreme Court. It is, however, paramount to note that all American states have their own Constitutions that they enact and follow, but the federal constitution is considered the highest law that overrides other state laws in ...

Jakubowicz v. Dittemore, 2006 U.S. Dist. [W.D. Mo.]

Prior to the trial date, the parties informed the Court that they wished to present their evidence in writing. Part of the evidence included the depositions of the Director of Facility Operations for DMH, Felix T. Vincenz, and that of the Deputy Director of DMH, Linda Roebuck. They also wanted to present in writing, various terms that the parties had adopted. The Plaintiffs also presented a memo that was dated April 6, 2005, which was marked exhibit A. Schuffman who had addressed the Memo to all DMH employees had sought to ...

The Patriot Act allowed the United States to protect its citizens from terrorism. The extreme surveillance established by the Patriot Act allowed the government to have an upper hand on terrorists and without that, there could be another attacked similar to 9/11 or worse. Although the Patriot Act removes rights of all citizens, it also protects the safety of all citizens. Certainly, life and safety are much more important than allowing the government to invade privacy when it is determined to be necessary for protection. The forfeiture of rights during a time of war is necessary because safety and ...

Judicial activism versus judicial restraint is one of the debates that has influenced American jurisprudence for many years. The reason for this is that it is very easy for any human’s mind to be clouded by their personal beliefs. In fact, in many professions, professional struggle with the ability to do what is right for their job versus what may be their moral principles or personal beliefs. It is based on this framework that the debate between judicial activism and judicial restraint originates. Judicial activism refers to the judicial rulings that are decided upon the judge’s political ...

According to Lance Stell’s 1979 publication dubbed “Dueling and the Right to Life”, the legal definition of dueling refers to it as an “act of fighting with deadly weapons between two persons in pursuance of a previous agreement” (p.7). Apparently, in the case of a dispute, the opposing individuals take it upon themselves to deal with their disparities without the interference of a third party, especially the law. Hence, “Dueling as Politics” by Joanne Freeman promptly informs readers that duelists were often victims of matters beyond their control, “haunted by private demons” (1996, p.290). Thus, upon the issuing ...

The United States judicial system offers certain protections for criminal suspects who are at risk of arrest or a search without a warrant. One of the most important safeguards afforded under the U.S. Constitution is the 4th amendment, which prevents government officials from illegally searching individuals or seizing property without following standard procedure. The concept has evolved over time, and the exclusionary rule is now the primary way to defend people from illegal search and seizure by government officials. However, history has shown that this is an ineffective solution because it allows those who would have been convicted to ...

The First Amendment evinces the framer’s intent to create a “wall of separation” between church and state. The First Amendment provides that “Congress shall make no law respecting an establishment of religion” (United States Constitution, amend, I). While there can be no government establishment of religion, religion and politics have long been closely enmeshed. Since the inception of the nation, prayer has played a prominent role in government ceremonies (Lee v. Weisman 633). Beginning with George Washington, all presidents taking the oath of office conclude with the words, “So help me God” (Jonassen 861). Presidents and politicians alike ...

The United States has one of the most complex and fascinating criminal justice systems in the world. The reason that the United States has such a unique criminal justice system, is that the founding fathers based their principles from superior legal frameworks around the world. For example, the founding fathers were known for looking to English, French, and other European Legal Frameworks, (The United States Constitution). Additionally, the founding fathers thought to their education of Roman Law and the laws of Ancient Greece, (The United States Constitution). For this reason, the United States has a unique array of principles ...

The United States has been revered around the globe for having one of the most impressive Constitutions in the world. That being said, the rest of the world has tried to recreate the United States Constitution all over the globe. What many people do not realize is that at the beginning, the United States Constitution did not include a Bill of Rights, (“The Bill of Rights: A Brief History,” 2016). While many debate that this is because the founding fathers wanted the white men to only be protected, it does not explain how the Bill of Rights ended up ...

Introduction

The court practice of the United States of America demonstrates that the First, the Fourth, the Eight and the Fourteenth Amendments to the United States Constitution are the most frequently invoked constitutional provisions in the country. Procedural violations of these Amendments are effective tools in the hands of skillful criminal defense attorneys. Analyzing the court practice is the only way to understand viewpoints of the judiciary on these sensitive topics, and to avoid perpetrating procedural mistakes in the future. This paper seeks to analyze the most landmark cases connected with the alleged violations of the First, the Fourth, the ...

Annotated Bibliography

Bambauer, Jane. "Hassle." Michigan Law Review 113.4 (2015): 461-511. Print. Bambauer suggests that Searches and seizure in schools are in other words a debate about the privacy of individuals and the extent to which the state or anybody is able to invade an individual’s private life. Despite the fact that this may seem insignificant, a student’s locker in most cases is the only private space that a student has in a communal atmosphere of the school. In many occasions, the debate about searches and seizure is seen as an American issue. However, this can apply to ...

International trade is the exchange of goods, services and capital across borders and international territories, which can involve the activities of an individual or government. Throughout the years, there have been a number of international trade disputes in the United States. This led to the establishment of the Board of General Appraisers, which was provided by the Congress in 1890. In 1956, Congress decided to form the Custom's Court, which was incorporated in the United States Constitution. In the late 1960s, amendments were made to the Custom's Court which outlined the procedures, powers and jurisdiction the court was empowered ...

The federal court system of the United States has been divided into 94 federal judicial districts in order to efficiently dispense federal justice. The physical extent of the powers of each judiciary is not necessarily bound by state borders or borders of any specific kind, but is decided by Congress (“Court Role and Structure”). For example, the District of Wyoming has jurisdiction over all of Yellowstone National Park, including the areas of the park that are located in Montana and Idaho. Another example is that of New Jersey, where the physical extent of the jurisdiction includes Camden, Newark, and ...

One of the cornerstones of American legal system is the Eighth Amendments prohibition against “cruel and unusual punishment” (United States Constitution, amend. VIII). Because the Eighth Amendment is silent on what forms of punishment constitute inherently “cruel and unusual,” flushing out the details has been left up to the Supreme Court. As society advances and develops, views towards punishment correspondingly shift. While it may have been a widely accepted practice to draw and quarter people three hundred years ago, by today’s standards, this punishment certainly constitutes cruel and unusual punishment under the Eighth Amendment. The most controversial form ...

When the American Revolutionary War began, the then thirteen North America colonies of the British Empire were in need of a different government that would replace that of the Monarch. The Founding Father’s first try in attempting to establish the territories’ self-governance produced the Articles of Confederation proposed to the Second Continental Congress in the year 1777 at Philadelphia. The States ratified the Articles and in 1781, the new laws were active. Still, by 1789, the United States Constitution was already in place as a replacement to the Articles and for that reason alone, it was evident that ...

When dealing with terrorism, we are battling a new sort of enemy. Our new enemy surely requires a new strategy to combat its weaknesses; however, with terrorism, the terrorist invariably has the upper hand because they exist on an entirely different plane than ever before. Thus, as policy drafters, it begs the question of how on earth do we search for these enemies that are lying in wait all over the globe? The answer thus far has been to use more technologies to attempt to track down these individuals. For example, the terrorists who attacked in 9/11 were in ...