Constitution Essays

Equal Protection and Due Process Clauses

In natural rights philosophy, a limited government is a system restricted to protecting natural rights and that does not interfere with other aspects of life. Learning from the revolution in Great Britain, colonists created this country?s limited government in an attempt to protect their country from abuse of power. Both equal protection of the law and due process of law help limited government in preventing the abuse of power. Due process of law is one of our country?s oldest constitutional…

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Chief Justice Earl Warren

President Dwight Eisenhower appointed Earl Warren as the fourteenth Chief Justice of the Supreme Court in 1953. Warren had been the governor of California twice and was also on the republican ticket for Vice President under Thomas Dewey. It was assumed that Warren would pickup where his successor Fred Vinson left off as a conservative member of the Supreme Court, but instead Warren positioned himself as a liberal. When Warren took over as Chief Justice, justices who aligned with judicial…

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Freedom of Speech Vs. Censorship

Adopted in 1791, the First Amendment, states “Congress shall make no law 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.” (Pilon) The freedom of speech documented in the First Amendment is not only a constitutional protection but also an inevitable part of democratic government and independence, which are essential values in society. “Censorship,” according to Justice Oliver Wendell Holmes, “is…

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Article 21 of the Constitution of India After Maneka Gandhi’s Case

INTRODUCTION To a great extent, the Supreme Court of India finds its strength in Article 21 of the Constitution, for the reason that much of its judicial activism has been based on interpreting the scope of this Article. Majority of the PIL cases have been filed under this Article only. The Supreme Court is now known as an activist court. There has been no change in the words used in Article 21, but there has been a change in the…

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My Favourite Holiday Destination

The President of India is the head of state of the Republic of India. The President is the formal head of the executive, legislature and judiciary of India and is the commander-in-chief of the Indian Armed Forces. The President is indirectly elected by the people through elected members of the Parliament of India (Lok Sabha and Rajya Sabha) as well as of the Legislative Assemblies in States of India (Vidhan Sabha) and serves for a term of five years. Historically,…

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´╗┐the Role of Youth in Indian Politics

On the roads of Indian democracy, we have travelled for about 63 years now and shall continue the journey for years to come in the same rickety ancient grubby vehicle of ours that has driven us for so long. The list of travellers is an assemblage of young dazzling men and women. The blatant contrast between them arouses debates. It makes us ponder over the role of youth in Indian politics. There have been certain qualities constantly attributed to youth…

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Administrative Law

Introduction Administrative law is the law that determines the organization’s powers and duties of administrative officers. It is the law relating to the administrative government. It concerns itself with public authorities and how they function. Administrative law is the body of general principles that govern the exercise of power by authorities. Wade defines Administration Law as the Law relating to control of government power.1 He further assets that the primary purpose of administrative law is to keep the powers of…

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Fourth Amendment

Under the Fourth Amendment, a person has the right to be secure in their persons, houses, papers and effects against unreasonable searches and seizures and warrants shall issue but upon probable cause. This also includes the search and seizure of vehicles. However, there are instances when the subsequent search and seizure of a home and vehicle is allowed. Under Caroll v United States, a vehicle may be searched without a warrant if the officer undertaking the search has probable cause…

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Seperation of Power and Checks and Balances

To make a bill into a law is written out for us in the Constitution. However the Constitution only gives you an idea of how to make a bill into a law. It gives you a broad perspective of how to approve a bill and what to do for approval. Most of all the all bills are looked at on a subjective form, thus meaning that whoever creates the bill, approves it and or veto’s it, is all on a…

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The United States Constitution

I. The United States Constitution is essentially a set of principles that provides for the framework of our government, establishes the three main branches of government and provides for their functions. It also contains an enumeration of the rights and liberties of the people. It is a relatively short document considering the role it plays in every nation. Because the constitution contains only general principles and policies, it does not seek to cover every eventuality. It also does not seek…

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Consitutional Issue in Brandy V Hreoc

The case Brandy V Human Rights and Equal Opportunity Commission challenges the constitutional validity of the scheme for the enforcement of Human Rights and Equal Opportunity Commission (HREOC) determination under the Racial Discrimination Act 1975 (Cth). The High Court of Australia had decided that since HREOC was not constituted as a court according to Chapter III of the Constitution, and therefore was not able to exercise judicial power of commonwealth and enforce any subsequent decisions. The Constitution is divided into…

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How Did the Constitution Set the Precedent for the Civil War_

Although the Constitution was very effective in its early years, the writers had made the mistake of leaving several important issues open and unresolved such as slavery, ratification, and the conflicts between the North and the South. The Constitution ultimately contributed to the failure of the union because of the issues that were not resolved, and therefore caused controversy in the years leading up to the Civil War. The document was originally formed with the intention of unifying the newly…

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To Ratify or not to Ratify

1. According to Article VII, the Constitution would go into effect when nine states ratified it. A fierce debate raged for months between the Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it. What arguments did each group present? Fill in the chart below with a brief description of the main arguments. Federalist arguments Anti-Federalists arguments The debate reached meeting halls, homes, and newspapers. Throughout the states, many newspapers where published by Maddison, Hamilton, and Jay- they produced…

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The Supreme Law of the State

The supreme law of the State assures protection of citizens against unlawful intrusions against their constitutionally guaranteed rights. One such confirmation of this assurance is the establishment of the exclusionary rule. Said rule prohibits the use or introduction of any evidence that has been obtained in violation of the rights granted to citizens by no less than the Constitution. Under this rule, regardless of the materiality or relevance of a certain piece of evidence to the prosecution of a crime…

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On How not to Read the Constitution

Lauren H. Tribe and Michael C. Dorf take time to add their two cents worth on the age-old debate of whether our Constitution should be read and interpreted “strictly” or “loosely.” In the end they establish that the constitution will always be subject to different interpretation. They approach the idea that the Framers of the constitution weren’t aware of the effects which the Constitution would have on society, calling their writing of the document a form of “wish projection” whereas…

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