Judiciary Review Judiciary review is the process by which the Supreme Court decides if an action or decision made by the other branches of government is in fact constitutional. This idea was put into place by the 1803 case of Maybury VS. Madison. When President Adams was at the end of his term, he had appointed several new positions, one of which was the appointment of Maybury to the position of Justice of the Peace. James Madison was given the task of delivering the commissions to the newly…
Immigration is controlled by federal laws which govern the safety of America’s nation (Saltzman, 2016, p. 5). The Immigration and Nationality Act (INA) was enacted in 1952 (United States Citizenship and Immigration Service) and is governed by the federal constitution. Its sole purpose was to set regulations for noncitizens of the United States regardless of their nationality when attempting to become legal citizens. The Act serves as protection for those who may be in pursuit of obtaining their…
The Scopes trial took place in Tennessee centered around a teacher named John Scopes, who was arrested for violating a state law that prohibited the teaching of Charles Darwin’s theory of evolution. The trial immediately attracted two different groups to the case, the Fundamentalist Christians and the religious modernists. The tension was already growing between these two trending groups in America and the Scopes trial was one of the cases that brought this tension to the spotlight. During this…
In 1803, Napoleon sold the Louisiana territory to the states. While Jefferson was splitting hairs over the constitutionality of the purchase, many Americans had begun the journey west. The Louisiana purchase doubled the country’s land mass for 15 million. In order to survey the new land, Jefferson sent Lewis and Clark on their famous expedition on May 14th 1804. Lewis…
In recent years, spanking and use of physical discipline towards a child has not only been a hotly debated issue in parenting but in Canadian politics and law as well. For centuries physical acts such as spanking, slapping and grabbing have been popular ways to discipline children, but does that mean such abuse should be justified? Amidst numerous recognition of the rights of children by advocates and the government to monumental societal changes regarding parental discipline, correctional…
the Court resolving more than 1,700 instances in any given year. The Alabama Supreme Court has jurisdiction over appeals where the amount in question exceeds $50,000. The full Court must review cases involving the capital punishment or the constitutionality of laws it also makes rules for the governing of administration and procedure in all courts in…
In addition, the grand jury, while stating that the evidence would not be sufficient to indict Ware, refused to rule on the constitutionality of the state law, different than their counterparts in Kentucky a few weeks later. John L. Draper had refused to grant Ware a habeas corpus writ without providing and explanation why he chose to “respectfully” denied…
Roe v. Wade was not the first point in history abortion was discussed. Prior to the court case, many states, and eventually the Supreme Court, ruled on the constitutionality of state laws which preluded Roe v. Wade. In 1879, a Connecticut law was enacted stating that any one person who attempted through medical means to prevent conception of a child should “be fined not less than forty dollars or imprisoned no less than sixty days” (“Griswold v. Connecticut…”). This meant that any form of…
For many years, in one form or another, the criminal justice system has existed. The criminal justice system is the system that enforces rules and regulates the safest structure for society. There are many levels to enforcing justice and one crucial part of the criminal justice system is plea bargaining. According to Jus 505 lecture (2011), a plea bargain is when a defendant pleads guilty to their offence to receive a less harsh punishment. There has been much controversy over this procedure…
Abortion Abortion became a primary issue with the court case Roe v. Wade when a decision was made by the Supreme Court in 1973 regarding the subject. The courts later changed certain parts of their decision with the court case Planned Parenthood of Southeastern Pennsylvania v. Casey in 1992. The cases fought over the rights to receive an abortion and argued the right to do so through means of the Due Process clause of the 14th amendment and the Right to Privacy implied in previous cases.…