Essays on Unconstitutional

In the 1996 case, United States v. Virginia, the Supreme Court held that the state run Virginia Military Institute’s (VMI) official and traditional policy of only allowing male students to be admitted was unconstitutional. According to the Court, as a state institution that barred woman from entering without a showing that the policy was furthered or was substantially related to an important government purpose, violated the Fourteenth Amendment’s Equal Protection Clause (United States v. Virginia, 1996). The Court came to this decision even though Virginia had decided to establish a female only school, the Virginia Women’s ...

The constitution of the United States provides balance war powers for the legislative and the executive branches of the government. During the war, the constitution provides the authority for the president to be the commander-in-chief or the highest governing individual. On the other hand, the authority to declare war is given by the constitution to the congress (Findley & Fraser, 2008). The division of powers according to constitution is considered harmonious until concerns and issues arose after the Vietnam War (Library of Congress, 2015). The congress has been concerned regarding the deployment of United States troops in hostile areas in ...

I. Introduction A corporation is a common type of business organization in which its owners have the ability to use it as a separate, and distinct legal entity. One of the primary differences between a corporation and other types of business organizations, such as a sole proprietorship or general partnership, is that a duly formed corporation is, legally a person. Moreover, under the law, a corporation is a legal person who the owners, in essence, can control and direct to carry out a range of activities. To be sure, corporations are deemed to have a personality or personhood, including ...

Brian Short v. State of Florida

The Main Issue Is the “Maintaining the size of our children law” in the State of Florida is unconstitutional considering the imposed marriage prohibition on the basis of height?

Relevant Legal Concepts

Under Section 1 of the 14th Amendment, no state shall enforce any law that would abridge the privileges and immunities of the citizens of the United States, nor shall any state law should deprive any individuals of their liberty, life, property, denied jurisdiction of equal protection of the law and without due process (Schubert, 2008, p. 24). Civil rights is a basic proponent of the Constitution stipulating that personal liberties ...

The core values St. Leo’s represents is applicable to the debate surrounding the ACA. St. Leo represents and firmly believes in community and integrity. The ACA is reportedly designed to provide for the welfare of the community, meaning Americans at large. The issue surrounding the ACA is that many say the provisions lack integrity due to various different reasons. Regardless of these issues, integrity is often defined as doing the right thing, even when no one is watching. World leaders and policy makers have a responsibility to maintain integrity to benefit the communities in which they live, whether ...

In the landmark ruling delivered at the Dover Area District School in Pennsylvania, a science is described as a concept that advances scientific knowledge supported by scientific evidence or theory. Contrastingly, intelligent design (ID) defines biological life as a complex happening which requires intelligent sources to design. Judge John Jones dismisses ID as a science because it is generally unaccepted within the science community. Furthermore, it is not peer reviewed (Levin).The Judge is right in is suggesting that ID as unconstitutional because it violates the first constitutional amendments which prevent public servants from using their positions to impose ...

Learner's Full Name

Assignment Title Politics- Yesterday, Today and Tomorrow Civil Rights Events The end of the civil war in America abolished slavery but racism still persisted in the country with segregation in education, public transport and housing being very prevalent. The civil rights movement in America has a long history and African-Americans have been fighting for equal rights since the beginning of the last century. Two events from the civil rights movement paved the way for stronger legislation and changes in how the African Americans were treated. On 17th May 1954, the Supreme Court ruled in Brown v. Board of Education ...

ABSTRACT

The Sedition Act of 1798 was signed into law by the Federalist Party when there was fear of war in France and to prevent their rival political party, the Democratic-Republicans, from speaking out against and criticizing the Federalist party, which could result in legal ramifications, including fines and jail time. The Sedition Act was and remains an example of unconstitutional legislature that undermined the spirit of the Constitution and the First Amendment guaranteeing Americans the freedom of speech, expression and press. The Act was hypocritical and defied the principles that the United States was founded upon. It made it ...

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 ...

Proposition 36 - Literature Review

Before 2000 The three strikes law commonly referred to as Proposition 36 has had a long history. It started in the year 1994 when the state passed Proposition 184, which allowed courts to convict a person from 25 years to lifetime if that person had two or more serious convictions for a violent felony in the past. It also qualified the courts to double a person’s penalty of a convict if had been convicted of a felony before (Farabee et al., 2004). The initial attitude was that it was mandatory in all qualifying cases. This attitude came to ...

Abstract

It is well-known fact that people in the US are watched, listened and even recorded against their notice and surely, will. It is also known, that all these undemocratic actions are performed in the name of security. The United States of America is not always related to an advanced technology, high-quality of education and excellent art venues, and Hollywood, sadly, the term “police state” often pop-ups and is being closely affiliated with the America. George J Bush introduced and implemented Patriotic act shortly after September terrorist attacks (2001), however, Barack Obama kept his legacy and Edward Snowdens’ famous leaks ...

The government has three branches, namely the executive, legislative and judiciary, each with distinct powers and authority. Each of these branches are independent from one another but the principle of check and balance allows each branch to intrude within the sphere of authority of another branch. The legislative branch of the government is mainly responsible for the allocation of budget and mainly framing governmental policies, laws and regulations. This is one of the authorities and powers that are mainly lodged within the legislative body of the government. While the law making power of the government is within the exclusive ...

The case of Marbury v Madison (1803) established judicial review which allowed the Supreme Court to proclaim that acts of Congress are unconstitutional even though the review itself is not a part of the Constitution (Haas 2014). Though the petition to give Madison a writ of mandamus was ultimately thrown out, this landmark ruling would affect other Court cases for the next two hundred years as the Supreme Court would continuously extend their influence. Take the case of Martin v Hunter Lessee (1806) where the Court decided that it could “review state court civil cases, if they arise under ...

Proposition 36 - Literature Review

Before 2000 The three strikes law commonly referred to as Proposition 36 has had a long history. It started in the year 1994 when the state passed Proposition 184, which allowed courts to convict a person from 25 years to lifetime if that person had two or more serious convictions for a violent felony in the past. It also qualified the courts to double a person’s penalty of a convict if had been convicted of a felony before. The initial attitude was that it was mandatory in all qualifying cases. This attitude came to change only in 1996 ...

Barbara, who is just returning to work from maternity leave, is requesting her supervisor for evenly spaced breaks and a consistent lunch hour break so that she can milk for the baby and feed her baby at an adjacent day care center. The question is whether Barbara is entitled to this provision. If the business can accommodate these requests, the manager is obliged to make the working conditions comfortable for Barbara to allow her to carry out her work and childrearing roles smoothly. Genuine differences between men and women have been used to justify different treatment, which is considered ...

Federal Court Structure vs State of Georgia Court Structure

The Constitution of the United States of America is the highest legal authority in the country. Due to federalism in practice, both federal and state governments have a court system of their own. The structure of federal and state courts is different as states have the power to decide the type of structure they want to implement. The structure of federal courts consists of three levels; these are District courts or Trial courts, Circuit Courts and Supreme Court. The Circuit courts work as the primary level of appeal and the Supreme Court is the final level. In total, there ...

There were a number of cases brought before the Supreme Court of the United States in relation to racial discrimination. In Brown vs. Board of Education, the Supreme Court in the United States declared that it was unconstitutional to continue practicing state laws which separated public schools for Black and White students. The decision ruled that such state laws were a violation of the Equal Protection Clause of the 14th Amendment. On the contrary, Plessy vs. Ferguson the Supreme Court ruled in favor of the state laws that supported racial segregation, especially in public facilities. These laws became practical ...

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 ...

Introduction: According to the rules of the Memphis, Tennessee Police Department and the law of Tennessee, a police officer can use deadly force in apprehending a fleeing felon after exhausting all reasonable efforts to apprehend him. The police department authorizes a police officer to enforce the shoot-to-kill policy instead of just wounding the felon. Is this act constitutional? The aim of this paper is to explain to the readers why the police officers in the Tennessee v. Garner case violated the Constitution by using deadly force against Garner. Thesis: Are the Memphis police officers liable for using deadly force ...

The right of Americans to individual privacy has increasingly become an issue of national significance. Partly due to leaks of the National Security Agency’s (NSA) surveillance program by government contractor, Edward Snowden, American citizens’ basic right to privacy has become a subject of national debate. Not only is privacy a Constitutional Right, the right to privacy is a fundamental human right that no government should violate. Through these lenses, federal surveillance for national security purposes, invasive laws that affect our bodies, and telecommunications monitoring should be called into question, and rescinded. The US Constitution’s Bill of Rights ...

Introduction

Sexuality refers to sensation and linked closeness between two human beings. In psychological terms, sexuality is the way through which people make an expression of the completeness of love between a woman and a man. In biological terms, this is the means through which the conception of a child occurs and the ancestry is passed over to the next generation. The purpose of this paper is to look at the issue of public expressions of sexuality concerning the law in the United States. In this paper, is going to be established that public expressions of sexuality in the United ...

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. ...

The case of Roper vs. Simmons is a case that involved the issuance of a ruling by the United States Supreme Court holding and arguing that imposing capital punishment on minors was unconstitutional. The case of Roper vs. Simmons had the punishment extents of juveniles involved in murder cases lowered contrary to an earlier strict ruling in cases involving minors. For example, in previous years, the Supreme Court issued stern decisions on cases such as Stanford vs. Kentucky case of 1989. Accordingly, the Supreme Court went ahead and overturned statutes in 25 states lowering penalties on minors. Also, various ...

Delegation can be said to be a major tool used in contracts law. Delegation tends to occur when a party to a contract transfers the authority or responsibility given to perform a certain duty to another party. The settling of the case between South Dakota and the Department of Interior was a constitutional delegation of power. According to section 5 of the Indian recognition act, ‘’ the Secretary of the Interior is at this moment authorized, in his discretion, to acquire through purchase, relinquishment, gift, exchange or assignment any interests in land within or without existing reservations, including trust’’ through ...

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, ...

Present day education systems of the United States of America are subject to racially diversified college classrooms that are significantly different from the classes that existed by the second half of the twentieth century. The notable change is the outcome of “affirmative action” that became law under the Executive Order 11246 courtesy of President Lyndon Johnson in 1965. As per the terms of the executive order, publicly funded companies could not discriminate based on any traits including skin color, gender, and religion. In the end, the action sought to serve two purposes: make efforts to allocate equal opportunity for ...

The first case was a criminal case that involved a woman who was raped in a New York train station, where none of the transit workers had an initiative to help the victim. The main principle of the ruling says that an individual must not be held accountable in cases where he or she was not responsible for putting another person’s life in danger or risk. The court ruled the transit workers not guilty under the application of this rule, because according to the New York judge who held the case, the workers did not have any legal ...

Segregation in the South during the 1960s And 1970s

Abstract Segregation in the south was mainly by race and resulted to distinctions with regards to income, education, residence, and employment. Segregation in the south brought forth the ancient and even recent societal and organizational segregation. Segregation took many forms including, gender segregation, residential segregation, employment segregation and even educational segregation among other types. Some actions which portrayed the highest degree of these segregation included Africans enslavement in huge plantations, involuntary blacks emigration, forced relocations to reserves, the internment of minorities including the Japanese Americans, setting up of immigrant enclaves and forced displacements among other actions which were inhumane. ...

Government Survaillance is unconstitutional and should not be conducted. It deprives citizens their right of liberty. Peolpe’s privacy should not be sacrificed for the sake of security. Security concerns have often been used to justify a breach of citizens’ privacy. Law enforcement groups have created different measures such as the use of surveillance cameras including in many public places to monitor the activities of unsuspecting citizens. In the surveillance process, the agencies involved use high-tech machines. These devices are controlled from a private area and are mostly invisible to the public (Norris, 2010). The tools are made in ...

1. Explain in detail the Exclusionary Rule. The Exclusionary Rule is the rule that is generated by the law under the constitutional rights. It does not allow the use of any of the non-legal obtained proof in the trials for criminal under the fourth amendment. It will usually apply for the elimination of the physical evident. The best example of exclusionary rule is stolen property, murder, or weapons that allows the police to catch a break in a case under the rights of the fourth amendment. The exclusionary rule could be under the Fifth Amendment, when no person can ...

Martin Luther King’s Letter from a Birmingham Jail remains one of the most famous essays written by Dr. King, and demonstrates his mastery of rhetoric as well as ethics. Dr. Martin Luther King penned the letter while in jail for protesting segregation and Jim Crow laws in the South, and for equality and over all civil rights for African Americans in the rest of the United States. King has always been considered the most important of the civil rights leaders of that period, and the eloquence and his masterful use of rhetoric and other persuasive techniques on display ...

Introduction

No form of punishment engenders more controversy than the death penalty. Although capital punishment has been used since ancient times, its modern utilization is repeatedly called into question. The United States stands alone among Western world counterparts in its continued use of the death penalty. Among the international community, the general trend largely reflects a discontinuance of capital punishment. For instance, member states of the European Union have all abolished the death penalty (Shin, 2007, p. 505). Given the overwhelming number of nations that have since abolished the death penalty, it is somewhat surprising that the United States continues ...

Alignment of the single-sex admission policy of Virginia Military Institution (VMI) aligns with the equal protection clause of the Fourteenth Amendment was the issue raised in United States v. Virginia. VMI has been an all-male institution since its inception in 1839. In deciding that the single-sex admission policy of VMI violated the equal protection clause, the majority opinion relied on ‘intermediate scrutiny’ test applied in the prior case of Mississippi University for Women v. Hogan. In the Hogan case, the Court employed the ‘intermediate scrutiny’ test, but applied this in terms of the ‘exceedingly persuasive justification’ standard. The standard ...

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 ...

Franklin Delano Roosevelt is among the most influential American presidents. He took over as president in 1932, three years after the start of the Great Depression. As president, Roosevelt wasted no time in rolling out a series of federal government programs aimed at giving relief to the poor, recover the ailing economy and review the country’s national approach to economics. Roosevelt’s new structured formulae were collectively dubbed, ‘The New Deal.”After four years in power, the depression showed no signs of ending hence drastic improvements to the economy were needed. When Roosevelt accepted his party’s nomination ...

Business Law

Without the Supremacy Clause, there would always be overlapping and conflicting federal and state law. The Supremacy Clause ensures that federal law always preempts state law if there is a conflict. In the absence of a Supremacy Clause, there would be a floodgate of litigation regarding choice of law questions and which law applies to a particular case. In this case, Wyeth did act ethically because if a large drug-manufacturing company immediately admitted to liability every time a plaintiff sued, alleging negligence, the company would surely go bankrupt. In the face of a civil suit, the company is entitled ...

Analysis/ Comparison and Contrast

Abstract This work examines the various constitutional changes in the United States during the period of the French revolution, most so around the period of 1789 (Levi 14). It looks at the various .perceptions that the constitutional changes implied to the society and the projected actions that the changes may attract. In this analysis, many thoughts are explored to determine the way the society responds to what it does not understand. On the same note, it looks at the government trails in trying to galvanize power and authority. On the other hand, it looks at the way the government ...

As the war against slavery took center stage in the US, the line of demarcation between proslavery and antislavery had been drawn with the Northerners and the Southerners taking a divergent view of the act. While many States had officially abolished slavery due to its evil and anti-human acts, certain states had legalized the act. The Missouri compromise left was tactically meant for the power balance between the North and the South. Missouri was admitted as a state that legalized slavery while other Illinois abolished the slavery and the slave trade. In the Dred Scott case, he had sued ...