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Free research papers and essays on topics related to: constitutional law

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  • Boundaries Of Ownership - 3,055 words
    Boundaries Of Ownership BOUNDARIES OF OWNERSHIP Nobody owns this essay. It is important that I make this very clear and that I do so at the earliest possible moment. I must do this because the essay that you are reading is about intellectual property, and that means that this essay must be self-referential. When one writes or speaks or communicates in any way about intellectual property, one is dealing with some of the most basic rules of the very medium in which one is operating. There is no neutral ground here, no possibility of genuine detachment or objectivity. Either I am going to claim the protection of the current laws that apply in the United States and under the World Intellectual P ...
    Related: ownership, digital technology, constitutional law, intellectual property, favorite
  • Checks And Balances - 1,079 words
    Checks And Balances Constitutional Interpretation The problem of interpreting the Constitution and framer's intent is a constantly permeating and troublesome question in the minds of Supreme Court Justices, judges, prominent politicians, and policy makers alike. It is a problem that has been pondered for years and years in the courtrooms and on paper with no real conclusion. One such essay arguing this dilemma is "How Not to Read the Constitution" by Laurence H. Tribe and Michael C. Dorf, who explore the questions "Is reading the text just a pretext for expressing the reader's vision in the august, almost holy terms of constitutional law?" and "Is the Constitution simply a mirror in which on ...
    Related: balances, alexander hamilton, small group, modern society, medium
  • Electric Cars - 1,075 words
    ... p seems unnecessary, and an infringement upon the rights of citizens of the United States of America. A third area in which censorship has taken place is in literature. Censorship in literature has increased dramatically in recent years. In fact, from 1991 to 1994, there has been more than a 50% increase in the number of demands that books be banned in schools libraries as well as public libraries(Zeinert, 109). Some of the books being demanded to be removed from libraries nationwide include, Huckleberry Finn, written by Mark Twain, Forever, by Judy Blume, and The Bridge to Terabithia, written by Katherine Paterson. These American classics have been removed from shelves due to various re ...
    Related: cars, electric, electric cars, national association, supreme court
  • Executing The Death Penalty - 698 words
    Executing the Death Penalty The implementation of capital punishment in the United States today has become a seldom-used means to deter crime. The death penalty was established in order to punish those who are guilty and to discourage those who contemplate committing heinous crimes from doing so. Society has backed down from its very supportive stance on the death penalty since being barraged with propaganda that says capital punishment is cruel and unusual. Most of the crimes committed by those who face execution can be listed as either cruel or unusual, though. Through analyzing the effectiveness of deterrence, the ineffectiveness of life sentences, and the morality of capital punishment, ...
    Related: death penalty, executing, penalty, second edition, justice system
  • Govern And Politics - 1,450 words
    Govern And Politics Government law and politics The Government is a political organization comprising individuals and institutions authorized to formulate public policies and conduct affairs of state. Governments are empowered to establish and regulate the interrelationships of the people within their territory and the relations of the people with the community as a whole. Government applies in this sense both to the governments of national states, such as the federal government of the U.S., and to the governments of subdivisions of national states, such as the state, county, and municipal governments of the U.S. The word government may refer to the people who form the supreme administrative ...
    Related: american politics, comparative politics, govern, local politics, president george
  • History Of Jury - 2,756 words
    History Of Jury THE RIGHT OF JURIES TO JUDGE OF THE JUSTICE OF LAWS Section I For more than six hundred years-that is, since Magna Carta, in 1215--there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their light, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such law. Unless such be the right and duty of jurors ...
    Related: history, jury, united states district, criminal case, portion
  • How George Carlins Filthy Words Gave The Government The Power To Regulate What We Hear On The Radio - 1,210 words
    ... oups who do not share its mores to conform to it's way of thinking, acting, and speaking."(Gunther, 1991) Therefore, the Supreme Court looked upon Carlin's monologue as indecent but not obscene. The FCC was given the power to regulate the airwaves and prohibit broadcasters from promoting "indecent" material over the radio. After the Pacifica case the FCC has also extended the ban of indecent as well as obscene materials to 24 hours per day. Because of the 24 hour ban the previous "law of nuisance" allowing for indecent material to be "channeled" at certain times of the day was abolished. To promote strong regulation against indecent material the FCC has the authority to issue fines on br ...
    Related: government regulate, radio, regulate, state university, freedom of speech
  • In The 1971 Supreme Court Case Of Furman V Georgia, The Constitutionality Of The - 1,071 words
    In the 1971 Supreme court case of Furman V. Georgia, the constitutionality of the death penalty was challenged. The majority opinion held that although the way it was being applied was unconstitutional the death penalty itself was constitutional. They held it unconstitutional because since it was applied arbitrarily and with apparent racial and economic bias it was cruel and unusual. In Weems v. United states (1910) the Supreme Court held that a punishment could be considered cruel and unusual if it is excessive. In Dulles v. Trop the court held that "the basic concept underlying the 8th amendment is nothing less than the dignity of man." According to the court if a punishment denies someone ...
    Related: constitutionality, court case, furman, supreme court, human dignity
  • Justification And Weaknesses Of Noninterpretive - 1,607 words
    Justification And Weaknesses Of Non-Interpretive Justification and Weaknesses of the Non-Interpretive Model Brief: Justification and Weaknesses of the Non-Interpretive Model The question of Constitutional interpretation still has yet to be resolved. Should only the explicit commands of our nations Founding Fathers be referenced in courts of law, or can it be justified that an outside body should extrapolate from the specific text of the Constitution to define and defend additional fundamental rights? Further, if this body, namely the Supreme Court, bases its decisions of constitutional relevance not wholly on exact interpretation, then regardless of reason, are they wholly illegitimate? The ...
    Related: justification, weaknesses, u.s. history, laissez faire, functioning
  • Kyllo, Danny V United States - 1,522 words
    Kyllo, Danny V. United States KYLLO, DANNY v. UNITED STATES 99-8508 Appealed From: 9th Circuit Court of Appeals (190 F.3d 1041) Oral Argument: 2000 term (after Jan. 1, 2001) The main subject in the Kyllo case deals with the advance in modern technology and how it relates to constitutional law. The overall question in this case is whether or not the use of thermal imaging technology should be used as a tool for searching the home of a person. The argument by the appellant, Mr. Kyllo, uses the unreasonable search and seizure clause of the Fourth Amendment as a defense against the use of thermal imaging systems without a warrant to search for illegal drug production inside his home. Kyllo v. U. ...
    Related: danny, states district court, states supreme court, united states district, united states district court, united states supreme, united states supreme court
  • Marbury V Madison - 1,140 words
    Marbury v. Madison Constitutional Law Marbury v. Madison Marbury v. Madison, one of the first Supreme Court cases asserting the power of judicial review, is an 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 Sup ...
    Related: madison, marbury, marbury v. madison, national government, court cases
  • Marbury Vs Madison - 921 words
    Marbury Vs. Madison As the government was newly establishing its stronghold on the nation, forging its way to a powerful republic and instituting precedents for the future, a struggle to preserve the foundations of American Society instituted by Washington and John Adams existed as Thomas Jefferson took office. In an attempt to maintain the "edifice of the National Government" believing Jefferson would topple the prestigious nation with his atheist views, Adams appointed various Federalists to the judiciary. Thus, attributing to the single most significant case of the Supreme Court, Marbury Vs. Madison, a struggle between Republicans and Federalists that would end in a future altered by fate ...
    Related: james madison, madison, marbury, chief justice, power over
  • Megans Law - 1,903 words
    Megan's Law What is the best way to deal with people who prey on our children? Should we send them away forever or should we brand them sex offenders for the rest of their lives. Do the sex offenders have rights? The government feels that the best way to deal with this type of criminal is to brand them. Megan's Law or Registration of sex offender law was created so that people would be able to protect themselves and their children from such people. Sex offenders, supposedly, are chemically unbalanced and are unable to control themselves. Therefore, a high rates of recidivism. So in an effort to control them we have a registration program. But maybe we have gone too far. Do these monsters hav ...
    Related: court system, judicial system, york times, senior, heading
  • Privacy: Katz Vs United States - 1,155 words
    Privacy: Katz Vs. United States Katz V. The United States The petitioner Mr. Katz was arrested for illegal gambling, he had been gambling over a public phone. The FBI attached an electronic recorder onto the outside of the public phone booth. The state courts claimed this to be legal because the recording device was on the outside of the phone and the FBI never entered the booth. The Supreme Court Ruled in the favor of Katz. They stated that the Fourth Amendment allowed for the protection of a person and not just a person's property against illegal searches. The Fourth Amendment written in 1791 states, The right of the people to be secure in their persons, houses, papers, and effects, agains ...
    Related: katz, works cited, york macmillan, legal issues, describing
  • Pundits And Editorial Writers Pounced On Newt Gingrich - 1,131 words
    ... on and the sting of exclusion; so the courts must be vigilant against religion in school settings. There is certainly some awkwardness in asking non-Christians to participate in, or remove themselves from, explicitly Christian devotion, which public schools have sometimes sponsored explicitly. But from the time of President Washington onward, public figures, public proclamations, and public rituals have invoked divine authority while steering clear of sectarian references. The New York state prayer struck down by the Supreme Court was itself entirely non-sectarian. Where there are any sizable numbers of non-Christians among the students, it seems unlikely in the future that school offici ...
    Related: editorial, gingrich, newt gingrich, public school, supreme court
  • Race In Education - 878 words
    Race In Education Fall of 1999, I applied for the University of Idaho to pursue a bachelor degree. I could be the first in my family to obtain this accomplishment. The issue that always came to mind was will I have enough money? Racial issues in the state of Idaho were a concern of mine also, for I was a member of a minority group. How is it possible for an Asian American, from a low-income family, suppose to fund their education and mentally tolerate racism in Idaho? I felt scared and uncertain of what the future held for me. I he question, "how does other minority groups deal and cope with the issues at hand?" When I graduated high school in 1994, I was uncertain of what I wanted to do. I ...
    Related: hewlett packard, civil rights, asian american, ferry, hiring
  • Racially Biased Pretextual Traffic Stops - 1,824 words
    Racially Biased Pretextual Traffic Stops The interviews excerpted here show that racially biased pretextual traffic stops have a strong and immediate impact on the individual African-American drivers involved. These stops are not the minor inconveniences they might seem to those who are not subjected to them. Rather, they are experiences that can wound the soul and cause psychological scar tissue to form. And the statistics show that these experiences are not simply disconnected anecdotes or exaggerated versions of personal experiences, but rather established and persistent patterns of law enforcement conduct. It may be that these stops do not spring from racism on the part of individual off ...
    Related: traffic, racial profiling, criminal activity, crime control, minority
  • Religion In Public Schools - 1,030 words
    Religion In Public Schools In the past Religion was confined to the state now with religious freedom everything has changed or at least started to change. In order for religion to be in a private school now it is again trying to be in Public schools. People ask "why can't freedom to acknowledge god be enjoyed again by children in every schoolroom across this land?" In the past, a long time ago children always prayed before class started and before lunch. But things h ave changed, "in 1791 the separation of church and state" started. Although it was made clear about the separation of the two "as late as 1951 some twenty states permitted schools to begin the day by reading aloud a passage of t ...
    Related: freedom of religion, prayer in public schools, private schools, public school, public schools, religion, school board
  • Should Human Cloning Be Permitted - 1,006 words
    ... sk any question concerning their life development or creation. Other reasons are the differences in the types of genes that may be produced by cloning. Creating a human life with just a gene is like taking a big risk, because there are selfish genes, pleasure genes, seeking genes, violence genes, celebrity genes,gay genes, couch potatoes genes, depression genes, genes for genius, genes for saving, and even genes for sinning. (9. Should Congress Prohibit All Human Cloning Experimentations? Pg. 50). Getting one of these particular genes is not what you would want in a person. It has been simply shown that there are many possibilities that a child will be born with an unwanted gene(s). Most ...
    Related: cloning, human beings, human cloning, human life, permitted
  • Wartime Propaganda: World War I - 1,751 words
    ... enemy. So great are the psychological resistances to war in modern nations, wrote Lasswell that every war must appear to be a war of defense against a menacing, murderous aggressor. There must be no ambiguity about who the public is to hate. American propaganda was not the only source of anti-German feeling, but most historians agree that the CPI pamphlets went too far in portraying Germans as depraved, brutal aggressors. For example, in one CPI publication, Professor Vernon Kellogg asked will it be any wonder if, after the war, the people of the world, when they recognize any human being as a German, will shrink aside so that they may not touch him as he passes, or stoop for stones to ...
    Related: first world, modern world, wartime, world war i, american military
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