Constitutionality

Federalist Papers. The lasting effects of these significant works in American history still resonate today. The Supreme Court justices initially looked to The Federalists Papers to uses a guidance tool prior to making rulings and decisions on the constitutionality of a law. The writers of these papers all had a progressive agenda for the American government and public. Protection of rights was the key driving force in the creation of the establishment. From the opposing force in the…

In Reno v. ACLU, the 1996 Communication Decency Act was challenged for its constitutionality. The Act criminalized the conscious transmission of “obscene or indecent” information, in order to protect minors from unsuitable internet content. While the purpose of this act had good merit, the Court held a unanimous decision that the Act…

The debate over security vs. liberty has been an issue in the United States since the nation was first born from the rubble leftover from the American War of Independence from the British Empire. Founded in 1908, the mission of the FBI is to protect and defend the United States against terrorist and foreign intelligence threats as well as uphold and enforce the criminal laws of the United States. The NSA was founded by order of then President Harry S. Truman in 1952 with the purpose of…

Once a state has created a law and it has been determined to be constitutional, the enforcement process lends itself to judicial scrutiny when brought before the court. When the process of enforcement and the discovery of evidence have been put into motion, the circumstance surrounding how law enforcement came into contact with the accused is one of the first things reviewed - much of the initial interaction is based on the enforcement of State laws, which cascades into protected rights when…

Court noted that "the level of deference to the congressional decision is such that the Court has more recently questioned whether ‘general welfare ' is a judicially enforceable restriction at all." Instead, the courts have focused not on the constitutionality of spending programs themselves, but on whether various conditions imposed on the receipt of federal funds—conditions designed to achieve ends concededly not within Congress 's enumerated powers—were constitutionally…

In the Supreme Court case, Nelson v. Colorado, the judgment revolves around the constitutionality of the Colorado Exoneration Act. This act stated that monetary fines paid due to conviction charges can only be returned to the exonerated individual if they can prove beyond a reasonable doubt that they are innocent of the accused crime. The constitutionality of this law was debated and in question in regards to the Due Process Clause of the Fourteenth Amendment of the Constitution. I concur in the…

Haoyu Zhao PUP432 10.15.2015 Case Brief Contractors And Builders Association Of Pinellas County V. City Of Dunedin Background Context Until the 20th century, the general law in Florida stipulated that local governments could only obtain funds from public revenues as they had no authority to taxes. The local government made the realization that these funds were insufficient for running the everyday affairs of the growing county. For this reason, the county turned to private sources…

Stenberg v. Carhart, the court ruled that the unintended effect of a bill can determine the constitutionality of a bill. The bill had prohibited certain abortion procedures, and the court found that this act did not help improve the health and safety of the woman, and was declared unconstitutional (Harper 2017). A combination of these two definitions of “undue burden” will be used to determine the constitutionality of specified portions of HB 2. A study conducted by Sarah E. Baum, Kari White,…

One of the most basic principles of American democracy is a system of checks and balance that works to ensure a balance of power within the federal government. Some examples of checks and balances among branches include the Presidential veto, Legislative power to override a veto, Presidential power to appoint a Supreme Court Justice, and Legislative power to confirm or deny a Supreme Court Justice nominee. The division of power of nominating and confirming Supreme Court nominees was separated…

Similar to the disdain that German-Americans faced during World War 1, Japanese-Americans were placed into internment camps following the attacks on Pearl Harbor. In 1942, Executive Order 9066 was signed by President Roosevelt “which forced all Japanese-Americans, regardless of loyalty or citizenship, to evacuate the West Coast” (“Japanese-American Relocation”). Many of these Japanese-American citizens were required to sell their properties before they were contained, leaving them to take only…