Essays on The US Constitution

The First Amendment to the US Constitution provides that Congress shall make no law that restricts freedom of expression or of the press. Such wording restricts state power as a greater and a lesser degree compared to what it could do in this regard if the wording used in the literal sense. The said formulation limits the power of the state to a greater extent in the sense that it applies not only to Congress but to all branches of the federal government, all branches of state governments and local authorities. The wording in question, limit state power to ...

Introduction

There are numerous debates about the death penalty in the United States. America continues to allow states to decide whether to apply the death penalty or not. There are 32 states in America that have the death penalty as opposed to 18 states that have abolished the practice. The United States of America continues to act as the leader of the free world. American exceptionalism is premised on the fact that America is a uniquely free nation based on democratic ideals and personal liberties. America has led the process of exporting liberal democracies around the world and many nations ...

Abstract

The purpose of writing this research paper is to evaluate the legislative standing of abortion. Throughout history abortion has been a controversial issue, and still is. The US Courts have given their rulings on many cases involving abortions that have transformed over the time. Abortion is a controversial issue and has given rise to many questions in the context of political science and law. Several abortion related matters have been discussed in this work such as the brief historical account of abortion rulings in the court of the US, and the impact it had on the cases; how successfully ...

Introduction

Democracy is a government of the people, by the people and for the people. The essence of the American Revolution was to create such a government that would allow Americans to gain liberty, equality and freedom. This was to be based on fair representation of the people and the Separation of Powers between three arms of government. For practical purposes though, it is necessary for governance to be exercised by a group of people in the arms of government. This has been abused over the years and the people of America supposed to collectively determine affairs of government in ...

Section 1

I live in the state of Texas and I have come to understand the way the local government operates. Just like all the other states in the US, Texas has its own constitution, which defines the various legal aspects of daily life among its citizens. The state of Texas has established and fully functional governments at the county and municipal levels. Five commissioners; four of whom are elected from single-member districts and a county judge who is elected at-large, run the county governments. The county governments provide public safety and manage the jails where lawbreakers are housed for rehabilitation. ...

Abstract

This book review examines the book Criminals in the Bible by Professor Mark Jones. It examines the bases and features of criminal justice and the criminalizing process across different timelines and eras. The review examines the constitutional elements of different criminal justice systems and generations and how it relates to specific aspects of society. The book review assesses and evaluates some of the elements of society including chapter analysis and how serious crimes occur. The main discovery of this book review is that crime and criminalizing is done within the context and framework of dominant constitutional processes and generally ...

Abstract

The criminal justice system in the United States provides Constitutional guarantees for all who are subject to the laws of the land. The three most controversial aspects of this system today are Search and Seizure, arrest, and interrogations. While these three aspects are the foundation of police action throughout the nation, there are several unresolved problems in how each of these processes is in use today. The presence of the law is not always the same as upholding it. The cases which made the case for the citizens are moving into obscurity with modern variations of the problems making ...

The United States had two constitutions to regulate and establish the rights and state orders. Articles of Confederation came into force in 1781, when Maryland ratified it and it was the first Constitution of the United States (Fritz C. G., 2008, p.131). The Constitution came to replace the Articles of Confederation when it was ratified by New Hampshire in 1788. These two documents have much in common. However, there are quite significant differences between them. By comparing them it is possible to see what the drafters considered important in 1781, and that they changed their minds in 1788. Articles ...

Abstract

The Fourth Amendment Act was set in place in the US constitution to ensure and assure privacy for the citizens. The Act and its application have been subject to scrutiny as to whether it is a broken promise or not. Terrorist activities have interfered with security globally and in the US particularly since the 9/11 attacks that claimed the lives of many Americans not to mention other victims. War on terrorism has been beefed up globally for the purpose of combating the crime. However, the said war on terror has been used as an excuse for the intrusion to ...

Against the background of the degradation of the political elites who are supporters of the dying hegemony, nowadays, there is the growing disillusionment between the average Americans about today's domestic and foreign policy and liberal values ​​in general. The protest of American society and dissatisfaction with the course of globalist elites has reached a qualitatively new level. The epitome of this phenomenon is a figure of Donald Trump - US presidential candidate, who showed excellent results in the course of the race. All in all, each American president has used a system of power in order to govern the ...

The Constitution of the United States of American offers a wide range of guarantees and rights to the people of the nation. The motive behind the Bill of Rights is to protect the American people from anarchical and tyrannical regimes. The reason for the US Supreme Court’s blunder in the verdict supporting corporate funding for election campaigns is due to comprehension (Cornell University Law School, 2011). They did not interpret the First Amendment of the US Constitution in the proper context. The enactment of laws and the subsequent consequences should be in line with the context of why ...

In ancient societies, people believed that the hierarchy of human society was based on the divine right of certain people to lead and the divine permission to keep others as lower class members of society. This shamed the parameters of social order until the Age of Enlightenment and Reformation in the 16th and 17th Centuries. The American and French Revolutions laid the foundation for the creation of a system of civil liberties and human rights which required some basic rights to be accorded to all human beings without exception. Human rights is defined as “a set of freedoms guaranteed ...

Arrogance and ignorance may be called the twin causes of the American Revolution. Trace and discuss the ways in which the British lost their American colonies. Why were the British unable to retain the colonists’ loyalty in the period leading up to the Revolutionary War? The rapid economic growth of the colonies encouraged them to free themselves from the constraints posed by England in the fields of trade, industry and land use. Colonies wanted to get rid of the taxes imposed by the British government. Despite all this, in the 60’s of the 18th century colonial oppression increased. ...

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 ...

The American political system as it was formulated by the Founding Fathers and written down in the Constitution was based on a particularly eighteenth century vision of liberal government based on Enlightenment ideals. The Constitution and the Bill of Rights as a document is a great example of what the priorities and values of the Framers of the Constitution were. The values of the Framers which they fought a war against Great Britain over basically centered around the belief in limited government, the decentralization of power and the separation of powers combined with a system of checks and balances. ...

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

The law enforcement, as well as crime prevention, have essentially been revolutionized in this age of social media. In point of fact, the social network services have significantly increased the communication between the citizens and the law enforcement agencies. Besides, these services are more and more being utilized in criminal and legal investigations by the law enforcement agencies. The government agencies mine the social media websites for evidence (Murphy & Fontecilla 5). It is vital to note that the police departments in different parts of the world have significantly reduced crimes thanks to the use of social media. In essence, ...

US Supreme Court

The US Supreme Court is the highest court in the federal State of America. The court’s mission is to arbitrate and interpret the law in all constitutional and legal matters arising in the country and also to guide in the implementation of the supreme law of the country (Hansford, Thomas & Spriggs 2). In the criminal justice system, the organization is supposed to interpret laws pertaining to criminal law and apply the spirit and requirements of justice so as to achieve justice. The organization is headed by the office of the chief justice; the current officeholder is John G. ...

1. The Indian Gaming Regulatory Act is a federal law that governs the Indian Gaming in order to provide security for the industry and restrict involvement from State governments. The Act signed by President Ronald Regan, provides financial stability to American Indian Governments and sets up a regulatory standard for all tribes to follow in the interest of fairness. The Act comprises of three classes. Class I has minor games such as raffles and conducted only during local festivals or ceremonies. The prizes awarded are in any range since the State Government cannot have any ceiling. The State officials ...

1. The Brown v. Board decision handed down by the US Supreme Court sped up, and catalyzed the incipient civil rights movement of the 1950s and 1960s (McBride). Thus, under the “equal protection” clause of the 14th Amendment of the US Constitution, desegregation was ruled constitutionally illegal (McBride). Since segregation of public schools along black and white color lines had been an acceptable aspect of southern Jim Crow laws, it was an acceptable practice to educate blacks and whites in separate but “equal” educational facilities (McBride). However, in Brown v. Board, the Supreme Court ruled with strong conviction, using ...

The relevance of the proposed changes in the legislation is caused primarily by the fact that currently there is a need for better legal regulation of relations connected with illegal violation of individual rights to privacy. From the fact of how perfect the constitutional and legal guarantees of these rights are in general and the right to privacy of the individual communications, in particular, in many respects, the effectiveness of implementation is defined. One of the main guarantees of the right to privacy of correspondence, telephone conversations, postal, telegraph and other communications is the general constitutional duty of the ...

Introduction

Freedom and human rights have become major issues in the 21st Century. However, the interpretations and application of human rights regulations have different ends in different countries. The purpose of this paper is to compare the systems of freedom and human rights as they exist between the United States and the Kingdom of Saudi Arabia. In doing this, this paper presents a hypothesis that freedom of speech and freedom of religion in both Saudi Arabia and the United States are the same and although they have different traditions, they all seek the same goals and ends. Basically, to understand ...

Public debate on the Control of Firearms have lighted up after such horrific incidents as mass killing in the "Columbine" school in 1999 (15 victims), the mass skirmish at the school "Red Lake" in 2005 (ten victims) or the massacre at Virginia Polytechnic Institute in 2007 (33 victims). The defenders of gun control immediately called for tighter restrictions or a complete ban on weapons, while supporters are beginning to cite the Second Amendment to the US Constitution, or to claim that the weapons will be given only through their corpse. It goes without saying that this dispute should be ...

How the State and Its Institutions Perpetuate the Systemic Exclusion and Subsequent Punishment of Radicalized, Sexed, or Gendered Groups

According to Brown, institutional racism is common in the societies we live in today, and sadly the situation my not change soon because the practice is perpetuated by the state and its institutions (2009). In essence, the practice is getting worse, as the world embracing capitalism and moral decay is almost at its peak. The minority groups face loads of injustice from the state and in the communities; they live in (Brown 2009). These individuals also need protection, but instead, the society uses their vulnerability for the greater harm. These individuals often suffer in silence because they have no ...

Implications of Equal Protection under the Law

Introduction Ability grouping is a common educational practice that is now commonly utilized in the US. The practice is used in order to enable the use of different instruction methods in schools. This is done with the intention of meeting the educational needs of different students (McCarter, 2014). The presence of the equal protection clause of the 14th Amendment of the US Constitution raises the question of whether ability grouping of K-12 students is legal or illegal. The purpose of this essay is to delve into the effects of equal protection under the law in relation to ability group ...