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  • 2005 Tushnet's A Court Divided Tushnet
    1,404 words
    Tushnet's A Court Divided By R. Anastasia Tremaine - February, 2005 Tushnet's A Court Divided Tushnet (2005) takes an insightful look into the current Supreme Court and what it means for the future in his work entitled A Court Divided. Much has been discussed about the Court, particularly since the 2000 election ended up being referred to the judicial branch of government. Constitutional law has always been fascinating subject, as it broaches the areas of guaranteed legal protections. Landmark d...
  • In Court In A Case A Judge
    4,269 words
    INTRODUCTION: Law is one part of a set of processes, social, political, economic and cultural, which shape and direct the development of society. Like all other mechanisms the law seeks to govern human behaviour. The Irish law system belongs to common law systems established in England by the Norman's. This type of law responded to actual rather than anticipated problems. In contrast the law in the civil system is contained in comprehensive codes which are enacted by legislators and which attemp...
  • Pros And Cons Of Judicial Review
    1,065 words
    Pros and Cons of Judicial Review Adam Kimball Pol. 1110 Instr. Madigan 12/10/96 Judicial Review is the power given to Supreme court justices in which a judge has the power to reason whether a law is unconstitutional or not. Chief Justice John Marshall initiated the Supreme Court's right to translate the Constitution in 1803 following the case of Marbury vs. Madison, in which he declared the Supreme Court as the sole interpreters of Constitutional law. This is one of the sole purposes of the Supr...
  • Two Connecticut Laws State
    1,753 words
    Griswold vs. Connecticut appealed to the Supreme Court on errors of the state court of Connecticut. This case deals with the right to prescribe the use of birth control to a married female. This action is found unconstitutional under the state laws, but this law invades a persons rights under the constitution. Here the problem evolves and must be decided upon in the courts. The appellant Griswold is an Executive Director of the Planned Parenthood League of Connecticut (Janosik, 1035). Appellant ...
  • Constitutional Rights
    2,205 words
    The U.S. Constitution Article Five, clause two of the United States Constitution states, "under the Authority of the United States, [the Constitution] shall be the supreme law of the land". As a result of the fact that the current activist government is pursuing inconsistent policies, many believe the Constitution has become irrelevant because no guiding principles seem to exist. Thomas Jefferson once said, "The Constitution belongs to the living and not to the dead". Accordingly, it is often re...
  • Philippine Constitution
    1,054 words
    The Political Environment of the Philippines Historical Facts: The Philippines overcame many obstacles in history that reshaped the political environment of modern times. The Philippine islands have a strong Spanish influence. Records in history date back to 1521 where Ferdinand Magellan colonized the islands in the name of Charles I of Spain. The Spanish objectives focused Philippine society toward the spread of Christianity, colonization in the name of Spain, and acquiring key positions in the...
  • Loose Interpretation Of The Constitution
    577 words
    The debate over the role of the judiciary in the government has been going on for a long time. Some say that the Supreme Court has overstepped the boundaries that it is to operate by, while others believe that much of the Constitution was written in such a way that it needs to be interpreted according to the situations that have arisen in today's society. These two opposing viewpoints are demonstrated by Robert Bork and Justice William Brennan. Robert Bork believes that the original intent of th...
  • Court's Holding In Betts Vs Brady
    712 words
    United States Supreme Court cases are argued and decided on Constitutional grounds. All arguments and decisions are based on interpretations of the original Constitution and, more often, on Constitutional amendments. GIDEON vs. WAINWRIGHT In June 1961, Clarence Gideon was arrested and charged with breaking and entering in Bay Harbor. He was tried in a Florida Circuit Court in August 1961. Gideon stated in Court that he was unable to afford a lawyer and asked the Judge to appoint one for him. The...
  • Court Of A Constitutional Republic
    1,652 words
    Athens of ancient Greece had perhaps the most advanced system of government of the ancient world. The system of Athens was called a Democracy. That is, every citizen voted on everything. People have claimed that the United States is also a Democracy. This is not true. The government of the United States is a Constitutional Republic (Every). United States citizens vote for representatives, who then vote on the laws. They themselves are limited by a constitution. Democracy is a flawed government s...
  • Atwater The City Of Lago Vista
    475 words
    I selected the case of Atwater vs. The city of Lago Vista Gail Atwater was stopped by a police officer for not having her children seat belted. Instead of issuing a minor misdemeanor ticket, as is normally done, the officer arrested Atwater The city of Lago Vista removed the suit and sent it to the United States District Court for the Western District of Texas, Which gave ruling to The city of Lago Vista. The court said that Atwater had failed to present proof that any constitutional right had b...
  • First Supreme Court Cases
    1,193 words
    Marbury vs. Madison, one of the first Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution. During the early testing period when few precedents existed, there was much debate about fundamental issues concerning what was intended by the words of the Constitution and...
  • Case To The U.S. Supreme Court
    914 words
    Scott vs. Sandford (1857) Dred Scott was held as a slave to Missouri resident Dr. John Emerson. In 1834 Scott traveled with Dr. Emerson to the state of Illinois, and in 1836 to areas of present day Minnesota only to finally return back to Missouri in 1838. Slavery was forbidden in the state of Illinois and under the Missouri Compromise of 1820 was also forbidden in the traveled areas of Minnesota. Upon the death of his owner, Scott sued for his freedom on the grounds that since slavery was outla...
  • Circuit Court Of Appeals Act
    1,082 words
    1. The court was instituted by the Constitution of 1787 as the head of a federal court system with the authority to act in cases arising under the Constitution, laws, or treaties of the United States; in controversies to which the United States is a party; in controversies between states or between citizens of different states; in cases of admiralty and maritime jurisdiction; and in cases affecting ambassadors, other public ministers, and consuls. The size of the court is set by Congress; it var...
  • Text Of The Constitution And Legislative Laws
    1,551 words
    The United States Constitution defines the laws of the land as the Constitution itself and those laws or legal documents that are constitutionally passed through legislature. The role of upholding these laws and interpreting them in cases are assigned to the judicial branch. Our judicial system is to be one that follows common law, so ultimately laws do come from courts. Although the Supreme Court essentially has final say, the Constitution does not grant it the power of forming laws by a majori...
  • Party Of Thomas Jefferson And James Madison
    521 words
    Under the administrations of Washington and his successor, John Adams, only members of the ruling Federalist Party were allowed to be on the bench, and under the Constitution, they held office for life during "good behavior". So when the Republicans won the election of 1800, the Jeffersonians found out that even though they controlled the presidency and Congress, the Federalists still had control of the judiciary. One of the first acts of the new administration was to repeal the Judiciary Act of...
  • Constitution Law
    335 words
    What is a constitution? A constitution can be defined as the set of rules which represents the power and structure of government, the relationship between different parts of government and the relationship between government and citizen. The British constitution which is traditions conventions and certain laws to which particular importance is assigned, is uncodified. In contrast with the United State Constitution, which is the world!'s longest-surviving codified constitution now, codified. Comp...
  • Constitutional Supremacy Vs Parliamentary Sovereignty
    1,747 words
    Assignment- Consider the concepts of Parliamentary Sovereignty contrasting it with Constitutional Supremacy and discuss the implications of living in both systems. In the United Kingdom their legal system is one of Parliamentary supremacy. This means that Parliament cannot bind itself or its successors, their power cannot be limited. In most countries there is a document or a set of documents called the Constitution in these countries there exist Constitutional supremacy. This is where a documen...
  • Justices With Different Approaches To Constitutional Interpretation
    839 words
    In my opinion it is important to have both interpretivists and noninterpretivists comprising the justices on the Supreme Court. It is because of their great differences in philosophies, and differences in their decision-making process that there has come to be a built in system of balance. The court must include justices with different approaches to constitutional interpretation. "A Court without dissenters is a Court that will not adequately inform us of the costs of choosing the path taken" (T...
  • Britains Constitution
    1,576 words
    Budge et al (1998, p. 177) defines a constitution as ' enshrining in law the rights and duties of citizens and the functions and powers of the state and its major branches. In most countries throughout the world this constitution takes the form of an actual written document typically written on vellum with an official seal. An example is the well-known US Bill of Rights created in 1788 following independence from the British crown. However, Britain is one of the few countries in the world where ...
  • Democracies Courts Play Some Political Role
    1,759 words
    In all democracies courts play some political role, but none has such formidable political power as the Supreme Court of the United States. As the final court of appeal, it has the power through judicial review to declare any action by any branch of government unconstitutional. This essay is going to examine whether the un-elected Supreme Court with the power of judicial review adds to, or is incompatible with democracy. However to understand why the Court was given, or indeed was allowed to hav...

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