...and various others were constituted to government posts made by United States Congress in the last days of President John Adams's administration; merely these eleventh hour appointments were never completely nailed down. The dissatisfied appointees raised an act of US Congress and litigated for their jobs in the Supreme Court.His right originates in an act of congress passed in February, 1801, concerning the district of Columbia. This law enacts, "that there shall be appointed in and for each of the said counties, such number of discreet persons to be justices of the peace as the president of the United States shall, from time to time, think expedient, to continue in office for five years." It appears, from the affidavits, that in compliance with this law, a commission for William Marbury as a justice of peace for the county of Washington, was signed by John Adams, then president of the United States; after which the seal of the United States was affixed to it; but the commission has never reached the person for whom it was made out. In order to determine whether he is entitled to this commission, it becomes necessary to enquire whether he has been appointed to the office. For if he has been appointed, the law continues him in office for five years, and he is entitled to the possession of those evidences of office, which, being completed, became his property. The 2d section of the 2d article of the constitution, declares, that "the president shall nominate, and, by and with...
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...Bill of Rights Ronald Lee Similarity Index 0% Similarity by Source Internet Sources: 0% Publications: 0% In this paper of the Bill of Rights and several amendments will be discuss, which is the First, Fourth, Fifth, Sixth, and Fourteenth. Also will discuss how the Bill of Rights evaluates different areas in security and the administration of justice. Such as challenges of law enforcement, roles of the courts, roles of the security, and recommendation. The main purpose of the Bill of Rights is to protect the freedoms and the rights of the American citizens. Also, so that every individual can worship wherever he or she feel comfortable without restrictions. If an individual born inside the country or outside the country his or her citizenship as an America and recognized as an America. American citizens protected from seizures and searches by law enforcement agencies unless there is a warrant presented. The warrant must be present before the seizure and search take place. The warrant will specify what and who will be search so that an individual privacy not invaded. The United States Constitution of the first amendment states Congress cannot make laws condensing the right for people the peacefully assemble, speech, the press, and religion (Bill of Rights). Chris Neefus wrote article that challenge the First Amendment. The title of that article was “Justice Breyer suggests that burning a Quran could be like shouting fire in a crowded theatre...
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...Running Head: THE MAINLEVELS OF THE U.S. FEDERAL GOVERNMENT The Main Levels of the U.S. Federal Government Lynn Todd Colorado Technical University Online PBAD200-0904A-13 American Government Professor Jamie Boyd October 12, 2009 The U.S. Government is composed up of three key branches, the Executive Branch, the Legislative Branch, and the Judicial Branch. Each branch has its own powers, functions, checks, and balances. First, we will look at the history of the Constitution. During the 1600’s many Europeans left Britain in search of economic, political, and intellectual freedoms. However, they remained under the power of Britain, which functioned under a unitary system of government with one national power that permitted it to take action against any individual. During the Revolutionary war, the states battled with Britain, and won their freedom from the unitary system of government of Britain (CTU online, 2008, phase 1 multimedia presentation)....
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...Constitution Paper HST/155 January 25, 2016 Andrew Cramer Constitution Paper After the Revolution, citizens of the United States were free of British rule, but found themselves in need of a government to keep peace and prosperity among the different states. The Articles of Confederation was finally put into place in 1777 that was intended to do just that. However, not all states agreed with the Articles of Confederation. At that time, each state counted for one vote regardless of size, which was fine for smaller states, but the larger ones felt that their votes should have more say in matters due to its larger population. Congress had little power to tax for much needed funds, nor to regulate foreign and interstate commerce. When Congress would pass laws, there was no executive branch of government to enforce the laws. There was no national court system when issues would arise and any amendments to the Articles of Confederation required a unanimous vote (Barker, 2012). Each state wanted its own individual power and money and rejected any idea of one government controlling them all. This caused problems with the economy because states did want to give up its own money to a central government. They felt like it would turn into something similar to the British Monarchy. With each state printing its own money and having their own military, it was difficult, if not impossible for the government to create any unity among the states (The Articles of Confederation, 2015)....
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...The United States Supreme court ruled the Constitution’s Bill of Rights restricted only the powers of the federal and subsequently not those of the states in the case of Barron v. Baltimore in 1833. The petitioner, John Barron, was seeking a ruling against the city of Baltimore. Barron claimed the city had violated his Fifth Amendment rights. “The Fifth Amendment provides that the government may not take private property without just compensation”. Barron alleged that his wharf was too shallow for most boats to dock because of a road construction project. The city had dumped sand and other solid materials into the wharf impeding the water depth. After the first law suit, the state court found the city had deprived Barron of his rights to private property and awarded him $4,500 in damages. This compensation was to be paid by the city. Subsequently, an appellate court reversed the award, Barron appealed to the USSC, to which the case was reviewed in 1833. The opinion of the court was written by Chief Justen John Marshall. The decision upheld that the Bill of Rights delegated no power to the states and was only an application of the Federal Government. At that time, the Constitution was, seemingly, created only to apply to the Federal Government and not for individual states. Some states had drafted their own constitutions; however, Maryland had no law which mirrored the Fifth Amendment. The Supreme Court thus lacked jurisdiction (or power) to hear Barron's case and dismissed it...
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...determined by an executive agreement between the United States and England (Wiener, 2009). In this particular situation the United States used the executive agreement to convict Covert by military tribunal. The agreement allowed the United States military court to apply jurisdiction over the accused, due to the crime being perpetrated in Britain. The agreement resulted in Mrs. Covert being convicted without partaking in a trial by jury (Wiener, 2009). Once she was placed prison back in the United States, Mrs. Covert petitioned a writ on the rights granted to her in the 5th and 6th Amendment, claiming that her conviction impeded on her constitutional rights. Issues: With Mrs. Covert being found guilty, this case raised some very significant issue. The first issue in regards to this case is rather individuals lose the right awarded by the Constitution, when he or she resides in another nation (Legal Information Institute, 2015). Secondly, executive agreements between...
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...of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.” I think this clause best addresses this question the best because I think of the House of Representatives as one of the lower “classes of the governmental system, yet citizens still have the option to choose their representatives. When...
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...and society The United States Constitution states in Article VI that the Constitution, and all laws made under it, “shall be the supreme Law of the Land”. These laws affect all persons and entities on a daily basis. In this paper I will specifically deal with the laws related to business and the authority bestowed upon the Congress under Article 1 section 8 of the Constitution, also known as the Commerce clause, and how those powers are addressed in the case of Cipollone v. Liggett Group, Inc. et al., 505 U.S. 504 (1992). Cipollone v. Liggett Group, Inc. et al., 505 U.S. 504 (1992). In the case of Cipollone vs. Liggett, the plaintiff, Cipollone, filed a lawsuit against tobacco manufacturer Liggett for violating New Jersey State statutes dealing with consumer protections (Melvin, 2011). The case was heard by the United States Supreme Court because of the contention that the New Jersey statutes were in conflict with United States federal law. The authority of the Court to hear a case of conflict between federal and state laws was spelled out in the case titled Marbury vs. Madison(1803) which gave the Court the power of judicial review of any laws thought to be in conflict with the US Constitution. The court ultimately ruled against the plaintiff finding that the New Jersey statutes did conflict with Federal law and were preempted because of this conflict. Commerce Clause The Commerce Clause of the US Constitution is found in Article 1, section 8 which states that the US Congress...
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...Comparative public Law - I First Assignment “DISCUSS THE “EQUAL PROTECTION CLAUSE WITH RESPECT TO “14 TH AMENDMENT OF THE U.S CONSTITUTION AND ANAYLZE WITH RESPECT TOEVOLUTION OF FUNDAMENTAL RIGHTS” SUBMITTED BY SHREYA CHAURASIA L.L.M .I ST SEMESTER ROLL NO. 64 PRN-15010143064 [2015-2016] Introduction “No person shall...be deprived of life, liberty, or property, without due process of law... Amendment V Article [V] (Amendment 5 - Rights of Persons) No person shall be held to...
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...Gun Control in the United States Gun control is a very controversial topic. Many believe that the people of the United States have the right to bear arm. Others believe that guns in general should be banned from our country. Is it the people or the weapons that are causing violence in our society? The Second Amendment to the Constitution, which concerns the right to bear arms, is always a major, debated issue. Gun rights and gun control groups have been lobbying Congress for decades to change legislation in their respective favors. Both in 2008 and in 2010, the gun issue has reached the nation’s highest court. In the 2008 Supreme Court case District of Columbia v. Heller the court ruled that the Constitution protects an individual’s right to own a gun for personal use. But the 5-4 decision only applied to federal laws but not local and state laws. A major key case to gun debate was in 1939, United States v. Jack Miller 307 U.S. 174. In this case, the Supreme Court was asked whether the Second Amendment protected Miller's right not to register a "sawed off" shotgun, despite a federal law requiring it. The Supreme Court examined the original records of Congress to determine why the Second Amendment was written into the Constitution. The Supreme Court then ruled that Miller's shotgun was not for a militia-type purpose and that it therefore was not protected by the Second Amendment. The Supreme Court further explained that at the time the Second Amendment was adopted...
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...The Patriot Act Vs The United States Constitution Khadija Nurul Hasan Chaffey College The Patriot Act Vs The United States Constitution The “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act, or Patriot Act was passed on October 24th, 2001 with almost all legislators in favor of it. The terrorist attacks on the Pentagon and the World Trade Center on September 11, 2001, sparked a nationwide desire for heightened security and increased abilities for law-enforcement agencies to track and stop terrorists. Thus, the Patriot Act was created in response, and passed with the aim of battling terrorism. However there are always two sides to any passing of a political law: those who support it and those who oppose it. Those who support the Patriot Act have consistently countered that the provisions of the Act are necessary to protect the people from future terrorist attacks, and that the law does an adequate job of protecting individual civil liberties; while those who oppose it argue that the Act is an egregious assault on individual liberties as it violates their constitutional rights. The hypothesis of this paper is to dissect and analyze Sections of the Patriot Act to see if they are in violation of the United States Constitution. Specifically the paper will analyze Sections 505, 215 of the Patriot Act to see if they violate the Constitution. The first violation in question comes from Section 505 of...
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... The United States is known for being ‘land of the free’, a nation with a Declaration of Independence, as well, as a Constitution protecting the rights of it’s citizens. Wars have been fought and many people have died so we could have the rights that present today. The freedom of speech, freedom of religion, freedom of assembly, and most importantly the right to petition our government; all of which fall under the First Amendment in the Bill of Rights. Our nation’s flag is an everlasting symbol of freedom and hope that stands as a testament to our nation’s power. Most importantly our flag represents the freedom of the individual to express his ideals as they see fit. Therefore when the very essence of Americans freedom is challenged by the “flag amendment,” that would forbid the desecration of the American flag, a dilemma forms. While flag burning is highly offensive, it is none the less a means of expression and is protected by the constitution of America. Forbidding an individual from expressing themselves is the opposite of what our flag represents. By protecting the American flag under a constitutional amendment not only conflicts with the First Amendment, but opens a door for the government to take away even more of our rights. The First Amendment to the United States Constitution, states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of people...
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...A long time ago, Americans were under British rule, and did not have as much independence as nowadays. The British forced many things upon the Americans, or colonist, and treated them with very little respect. The colonist wanted a new way of living. One day they broke free from the British rule through a long hard fought war and seeked a better government. They than thought it was in their best interest to write about their new government down, so they wrote the Articles of Confederation. After they tested out their new style of government, they realized it was inefficient and not working well. They than needed a new government style, so they decided to hold the Constitutional Convention to provide written rules about a new government that would fix their...
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...potentially changed the legal structure of the United States. Following the terrorist attacks on the World Trade Center and the Pentagon, the President and Congress saw fit to protect the United States by passing a bill called the Patriot Act. The Patriot Act significantly expanded the powers of law enforcement by allowing law enforcement and intelligence agencies to use types of electronic surveillance that were previously only allowed with legal warrants (Ibid, 2001). Additionally, the Patriot Act allows government agencies to detain suspected terrorists for unspecified lengths of time in order to investigate their activities (Ibid, 2001). The detainment of terrorist suspects does not allow these individuals access to an attorney, a trial, or any other guarantee promised in the Constitution. The United States legal and judicial systems utilize a network of checks and balances to ensure that the rights of citizens, as enumerated by the United States Constitution, are not violated. These systems call for crime investigation to require a warrant issued by the judicial branch in order to execute any search or seizure of personal property, as declared by the Fourth Amendment of the United States Constitution (Madison, 1789). The framers of the United States started the Constitution with a Bill of Rights that set our inalienable rights. These rights are not allowed to be violated and the legal system is designed to protect these rights, even if suspected of a crime. If the police...
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...The Confederation and the Constitution | | | | | Shortly after Thomas Jefferson penned the Declaration of Independence in 1776, the delegates at the Second Continental Congress agreed that a new government was necessary to govern the now-independent colonies. After much debate, they drafted and adopted the Articles of Confederation in 1777. Although the Articles were not officially ratified until 1781, they served as the actual constitution until that time. Under the authority of the Articles, the states created a national Congress comprised of annually elected delegates from all thirteen states. Each state had one vote in Congress, and, in most cases, decisions were made based on majority rule. The National Congress’ powers over the states were specific and definite: it had the sole power to negotiate treaties, declare war, and make peace. It also reserved the right to maintain an army and navy and regulated interaction with Native Americans in the West. The delegates also granted Congress the power to resolve interstate disputes, grant loans, print money, and operate a national postal system. Eventually, Congress was also authorized to govern western territories until they achieved statehood. All powers not granted to Congress were reserved for state governments. Congress had no power to levy taxes. For example, it could only request that the individual states raise revenue to cover their share of national expenses. Furthermore, any amendments made to the Articles...
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