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Search results 21 - 30 of 1316 matching essays
- 21: The Constitution
- The Constitution A case for the connection of America's colonial and revolutionary religious and political experiences to the basic principles of the Constitution can be readily made. One point in favor of this conclusion is the fact that most Americans at that time had little beside their experiences on which to base their political ideas. This is due ... common Americans at that time. Other points also concur with the main idea and make the theory of the connection plausible. Much evidence to support this claim can be found in the wording of the Constitution itself. Even the Preamble has an important idea that arose from the Revolutionary period. The first line of the Preamble states, We the People of the United States... ." This implies that the new government ...
- 22: Constitutional Law Marbury V M
- ... 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 which part of government should have the final word in defining the meaning of these words. Marshall used the Marbury case to establish the Supreme Court's place as the final judge. Marshall identified ... three major questions that needed to be answered before the Court could rule on the Marbury v. Madison case. The first of these was, "Has the applicant a right to the commission he demands?" The Constitution allows that "the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, . . . " (Art. II, § 2). The Judiciary Act of 1793 had given the President ...
- 23: Combarison Between Us Bill Of
- ... THE BILL OF RIGHTS The United States Bill of Rights came into being as a result of a promise made by the Fathers of Confederation to the states during the struggle for ratification of the Constitution in 1787-88. A great number of the states made as a condition for their ratification, the addition of amendments, which would guarantee citizens protection of their rights against the central government. Thus, we have a rather interesting situation in which the entrenchment of a bill of rights in the American Constitution was done by the virtual demand of the states, they themselves fearing a central government which was not legally constrained and restricted as far as its powers were concerned. The resulting Bill of Rights is appended to the American Constitution as the first ten amendments. These amendments automatically became an integral part of the original document, making them part of The Supreme Law of the Land. It was then actually entrenched, as the phrase ...
- 24: Hitler And Gleichchaltung
- ... be examined. The co- ordination involved three major components. The first and most important area of the co- ordination was the nazification of the government institutions. The second stage involved ridding Germany of its democratic constitution. Hitler had to face seven foundations of constitutional order that inhibited his exercise of power. The foundations were the constitution, the federal structure of the Reich, the Parliament, the Reich President, the civil service, and the courts. The final stage involved gaining control of the Army. Success at each stage was very crucial for Hitler ... stand up against what was happening to them and their country On February 4, 1933 the Reich President Hindenburg issued an ordinance for the protection of the German people under Article 48 of the Weimar Constitution. The ordinance allowed made it possible for Hitler to ban periodicals, newspapers, and even assemblies. With this power Hitler began to sever the people's constitutionally guaranteed freedom of opinion which gave him power ...
- 25: Djibouti
- ... four persons by armed men in the north, or the 1995 kidnaping of a traditional Afar chief at Alalli Dada by unknown persons. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The Constitution states that no one shall be subjected to torture or to other inhumane, cruel, degrading, or humiliating punishments. Torture is punishable by 15 years in prison. However, there were credible reports that police and prison ... arrest warrant for PND president Aden Robleh Awaleh and his wife, Aicha Omar Dabar, for their part in the cafe bombing. The Government does not use forced exile. e. Denial of Fair Public Trial The Constitution provides for an independent judiciary, and magistrates are appointed for life terms. In practice, however, the judiciary is not independent of the executive. Constitutional provisions for a fair trial are generally respected in nonpolitical cases ... with French-inspired law and judicial practice in the regular courts. Civil actions may be brought in these courts or in the traditional courts. Shari'a law is restricted to civil and family matters. The Constitution states that the accused is innocent until proven guilty, has the right to legal counsel, and the right to be examined by a doctor if imprisoned. Legal counsel is available to the indigent in ...
- 26: The Constitution
- A case for the connection of America's colonial and revolutionary religious and political experiences to the basic principles of the Constitution can be readily made. One point in favor of this conclusion is the fact that most Americans at that time had little beside their experiences on which to base their political ideas. This is due ... common Americans at that time. Other points also concur with the main idea and make the theory of the connection plausible. Much evidence to support this claim can be found in the wording of the Constitution itself. Even the Preamble has an important idea that arose from the Revolutionary period. The first line of the Preamble states, We the People of the United States... ." This implies that the new government that ... officials in charge of selling the hated stamps. Events like these served to strengthen the tradition of self-government that had become so deeply embedded in American society. The from of government specified by the Constitution seems to be a continuation of this tradition. First, the Constitution specifies a federal system of government, which gives each individual state the right to a government. Second, it specifies that each state shall ...
- 27: "Stop Seeking Certainty.." Minow's Response To Bork
- ... Many different scholars may have differing views as to the meaning of the word originalism. Here, it is intended to define "an.. approach to constitutional adjudication that accords binding authority to the text of the Constitution or the intentions of it's adopters" (Lyons, pp. 329). This view can be subdivided into two categories. Those categories are the intentional and textual originalist views. The intention-based originalists argue that the original intent of the framers can be discerned from a neutral reading of the Constitution and peripherally related documents. The problem here is that the framers, the adopters, the ratifiers, and the electors all had possibly separate intent and it would be difficult to know all of their intentions. According ... So peripheral documents, such as the Federalist papers, are important clarifiers of the original intent. The second subdivision of orginalism is called the textual orginialist view. This view argues that the actual text of the Constitution is what is most important in terms of understanding Constitutional intent. Bork began as an intention theorist, then later changed and came to adopt the textual originalist view point. Neither subdivision of the view ...
- 28: The Power of The Judiciary
- ... so many years ago. The founders intentions for the Judiciary Branch was to interpret the laws that the Legislative made, and the document by which their standards would be set would of course be the Constitution of the United States. The Supreme Court would render decisions based on the laws drafted into the Constitutions, and it would be asked to interpret them to the best of their ability. Because of this ... case of Roe v. Wade where the issue of abortion took the forefront of the American judiciary system. In this case, to ask the Supreme Court to interpret the law as best described by the Constitution would be useless because the Constitution states nothing on the matter of abortion. So what is the Supreme Court supposed to do in these types of situations? The answer of course is to take the matter into their own hands ...
- 29: The Constitution and Gun Control
- The Constitution and Gun Control I originally intended to put information for and against gun control here, but after much research, I have found that there is absolutely nothing for gun control that portrays the slightest bit of common sense. Is owning a gun a protected act under the constitution? Yes it is. The first 10 amendments of the constitution are known collectively as the Bill of Rights. The basic premise of the constitution is to allow people to the right to life, liberty and the pursuit of happiness. Ones right to life ...
- 30: Crises During The Presidency O
- ... Crises during the presidency of Andrew Jackson Andrew Jackson was a very influential man during the 1800's. Events that took place during his two-term tenure as President called upon his expertise on the Constitution. These events had a major impact on the country at that time. He had to face obstacles that presidents before him had not faced, but there was also one that was an old issue that ... at least one fourth of the states. If such approval was not forthcoming, the state should, if it wished, be allowed to secede from the Union"(Coit 12). The South knew that nowhere in the Constitution was Congress given the express right to impose a tariff whose purpose was simply to protect industry. Up to that point, President Jackson's view was unknown. But that all changed at a Jefferson Birthday ... A month later a special convention met at the state capital and nullified the United States tariff acts of 1828 and 1832. Jackson ran for reelection that year without Calhoun and won. He declared, "The Constitution . . . forms a government, not a league"(Coit 17). He also stated that to annul a law was "incompatible with the existence of the Union," and "to say that any State may at pleasure secede . . . ...
Search results 21 - 30 of 1316 matching essays
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