Constitution

Thou Shalt not Trample on the Constitution

Thou Shalt not Trample on the Constitution. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. This is the […]

Federal government under the Constitution too weak

Introduction There is a big debate on whether the Federal government under the Constitution is too weak or too strong. Taking a critical analysis of the origin of federalism and constitutionalism, there are several lessons which may make one to either support Federal government under the constitution as a weak or strong system of government. […]

Effectiveness of the British Constitution

United Kingdom has a government that is confined by the fact that it cannot move on without any complications as it has to rely upon the willpower and mandate of its congress in passing of its legislative agendas. The legislation and the relevant activities are supposed to be conventional to the orders that had been […]

Constitution Democracy

Democracy could be regarded as the will and the voices of the people’s majority, to decide on which government to govern them and, how they wish to be governed. This is usually commonly exercised through voting in a fair and transparent electoral process, presided over by an independent electoral body. The government of U.S has […]

How Far Have The Reforms Of The Blair Government Addressed Weaknesses In The UK Constitution

The general election of 1997 was one which precipitated vast changes in the political sphere. The emergence of New Labour under Blair ended nearly 20 years of Conservative domination, and the Labour election manifesto also marked a change in direction from Old Labour politics. For the first time in nearly 80 years, a radical agenda […]

Comparative Constitutionalism

The United States Constitution protects property rights by prohibiting the taking of private property for public use by the federal and state governments without the payment of just compensation1. According to the United States Supreme Court, the Takings Clause of the Fifth Amendment is intended “to bar Government from forcing some people alone to bear […]

Conflict between Fundamental Rights and Directive Principles

The Fundamental Rights are the rights of the individual citizens guaranteed by the Constitution. The directive principles lay down various tenets of a welfare state. The conflict arises when the State needs to implement a directive principle and it infringes/ abridges the fundamental rights of the citizens. The chapters on the fundamental rights & DPSP […]

Constitution of the United States

The Founding Father had a fair number of obstacles to overcome to get the Constitution passed and ratified. One of their big obstacles was the fact that everyone did not want a national government that would have more power than an individual state. None of the states wanted to be controlled or taxed by anyone […]

Is the Judiciary Really the Weakest Branch of Government

Judicial Branch is established under Article III of the Constitution. It was created to be the weakest of all three branches of government. Each branch has its own characteristics, but what distinguishes this branch from other two is that Judiciary is passive. It cannot act until someone brings case in front of them. Even if […]

The Constitution and the New Republic

People thought that they had fought the war to avoid tyranny and now they wanted to keep government mostly in their states where they could control it. But the more wealthy groups were calling for a national government. Many soldiers wanted their pay for the war. artisans wanted to replace various state tariffs with one […]

Governing the Nation: South Carolina Slave

The philosophical ideals embodied by the Declaration of Independence declared that all men “are created equal” and therefore everyone had the same rights. As a former South Carolina slave, I was so glad to hear this. For once I was hopeful that maybe after all; I could still have a chance to be free. Furthermore, […]

Why the First Amendment Might Be In Trouble

The article “Why the First Amendment (And Journalism) Might Be in Trouble” written by Ken Dautrich and John Bare published in the Summer 2005 issue of “Nieman Reports”, published by Harvard University. Dautrich and Bare argue the value of freedom of speech. They assert that the first amendment is loosing its meaning. They argue that […]

Should the Exclusionary Rule be Abolished

According to the Encyclopedia Britannica’s article entitled, Exclusionary Rule (2008), exclusionary rule is that principle in United States law that provides that “evidence seized by police in violation of the Fourth Amendment to the United States Constitution may not be used against a criminal defendant at trial”. It is, according to the article The Exclusionary […]

Constitutionality of Voucher Program

Part I Centuries ago, several laws and policies were challenged as violative of the principles set in the Constitution. Almost all the provisions were used to uphold the laws that have been adhered to for a very long time. The principle of church and state for example, was used many times to put a gap […]

The Constitution and Checks and Balances

The United States Constitution divides the powers of government with respect to laws into three nominally equal parts, and grants one part only to each of the legislative, executive and judicial branches. The legislative branch is responsible for making the laws, the executive branch for enforcing them, and the judicial branch is to interpret them. […]

Search Warrant Exceptions

With the popularization of crime-based television shows, it seems like nowadays everyone believes that they are a qualified expert on the various exceptions that exist to the Fourth Amendment rules of law regarding search warrants. That doesn’t mean, however, that those rules are any less controversial than they once were. For instance, I would inform […]

Right against Illegal Searches and Seizure

The State, sovereign as such, has the power to exercise such rights as it may deem fitting and compatible with its being sovereign. Corollary to the exercise of sovereignty is its inherent obligation to protect its people within its territory. It is to be noted that the State acts though the government. The government therefore […]

Role of United States Constitution

A Constitution is defined as the fundamental system of the law in a state that serves as the primary guideline for a governing land (“Constitution,” 2006). These entail the reach and limitation of power and control in the government. Moreover, a Constitution is also responsible for stating the link and relation of judicial, legislative and […]

Robert Dahl’s American Hybrid in agreement with the Madisonian Model in Federalist

James Madison’s contribution in the drafting of the second American Constitution had become very important that his propositions remain to this day as the most distinctive and powerful characteristics of the American political system. Now known as the Madisonian Model, the erstwhile President of the United States proposed the adoption of constitutional republic by limiting […]

Constitution, Law, & Citizenship

The tendency of white Europeans to view themselves as a privileged class presented a problem for the Founders of the United States as they dealt with the issue of who should be recognized as a citizen and who should not. The three-fifths compromise illustrates the complex and often contradictory circumstances that were created by the […]

Constitutional Convention

Beginning with the 1787 Constitutional Convention, proslavery forces were able to ensure the proliferation of slavery in the new nation with the edition of the section of the U. S. Constitution known as the three-fifths compromise. At the Constitutional Convention, pro-slavery representatives wanted slaves to count as persons for the purposes of deciding congressional representation. […]

Hypothetical Cases: Fourth Amendment

The stop is valid because of reasonable suspicion that refers to a belief that a crime is in progress or has occurred. Omar looks suspicious because of the use of heavy clothing on a warm night. For example, in the 1968 case of Terry vs. Ohio an agent conducted a limited pat-down search on suspects. […]

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