The State Statute vs. the Common Law of the State In the event of a conflict between a state statute and its common law, the state statute will be given precedence. This is so because the legislative branch makes laws of government and represents the most recent perspectives of the...
Types of Tribal Constitutions: IRA and Non-IRA Tribal constitutions are the primary documents of Indian tribes in the US. They lay out the fundamental laws regarding the administration of the tribe, the judicial system, and laws protecting the independence and rights of the tribe’s members. There are two types of...
Introduction The complicated interaction between religion and education poses significant moral and legal issues. It is crucial to balance academic freedom, freedom of speech, and the First Amendment’s Establishment Clause, especially when grading and displaying student work that involves a religious statement. The legal ramifications of evaluating and presenting a...
Introduction In the case, O’Rourke v. City of Providence, 235 F.3d 713, the requirement for a license to collect donations for charities on the streets of Providence, Rhode Island, was contested as being against the law (1st Cir. 2001). Lawmakers in the lawsuit claimed that the permission requirement went against...
Relevant Amendment from the Bill of Rights The Supreme Court case being analyzed is the New York Times Co. v. United States, also known as the “Pentagon Papers” case. This case concerns the First Amendment of the United States Constitution, which protects freedom of speech and the press. Background and...
Introduction Few legal cases of the twentieth century can contest the controversy and importance that the 1925 John Scopes monkey trial had. Full of arguments of faith, morals, and science, all presented with passion, the case culminated in the existing contest between faith and science. Moreover, the case was renowned...
Introduction Bullying has become a significant issue in schools across the United States, and with the rise of technology, cyberbullying has become a more substantial problem. Educators must take the case seriously and address it correctly when a kid reports that they have experienced bullying on a classmate’s Facebook page....
Introduction Democracy in the United States, a core principle since the Constitution’s 1787 ratification, has evolved through challenges, constitutional amendments, and overcoming periods like the Jim Crow Era. This essay explores the nation’s democratic journey, tracing its evolution through amendments and dismantling voter suppression. It also provides a legal perspective...
Introduction It is possible to find the critique of the Constitution in various sources, and they typically focus on the issues that are the priority for the particular political group. The article by Toobin, “Our Broken Constitution,” published in 2013, and the Anti-Federalist essay by Brutus, written in 1787, discuss...
Introduction Tinker v. Des Moines was a seminal case that changed how kids were treated in public schools. This discussion will compare and contrast the Supreme Court’s majority judgment with the opposing perspective. While both sides make solid cases, it seems clear that the majority view, which defends the children’s...
Potential Case Obergefell v. Hodges (2015) Year The case was argued on April 28, 2015, and decided on June 26, 2015. Case Premise and Implications for the Power of Government Obergefell v. Hodges (2015) is a Supreme Court case culminating a set of previously filed district court cases where plaintiffs...
Introduction Recently, there has been much contention in the U.S. about the legality of the abortion ban ruling in Dobbs v. Jackson Women’s Health Organization. This ruling, which prohibits abortions in most cases, has sparked a heated debate about the constitutionality of such a ban. In this paper, we will...
Introduction American society is governed by rules and regulations that are clearly stated in law and must be followed. At the same time, the judiciary is called upon to ensure that all bills are respected and the requirements are met (Excel High School, 2022). This makes American society safer and...
Declaration of Independence The English Bill of Rights and the Declaration of Independence are significant documents in the evolution of political philosophy. Adopted on July 4, 1776, the Declaration of Independence detailed the complaints of the American colonies towards British rule (Graves, 2019). This declaration projected their desire to create...
Case Background Dobbs v. Jackson Women’s Health Organization is among the landmark cases in history that made the Court make a decision that will be felt for generations. The case involved Jackson Women’s Health Organization, an abortion clinic in Mississippi. The health organization was the only remaining abortion clinic in...
Introduction A key document that serves as a foundation for both the American government and its people is the United States Constitution. The Seventh Amendment to the Constitution, which ensures the right to a civil jury trial in federal disputes, is one of the most important sections in the document...
Introduction Recently, teachers gave students the assignment of composing an essay and drawing a picture of the person they chose as their hero. Before marking and displaying the project, it should be taken into account that one student chose Jesus as his hero and submitted a drawing of the Last...
Meaning of “We the People” at the Time of the U.S. Constitution’s Ratification in 1789 The first three words of the US Constitution ratified in 1787, mean that the sole purpose of the US government is to serve its citizenry. The US Constitution is the principal instrument of governance and...
Introduction The right to a fair trial includes access to legal representation regardless of a person’s economic and social class. In the case of Gideon v. Wainwright, the defendant was convicted of breaking into a pool room to commit petty larceny. Although the accused was poor and could not afford...
Introduction While the United States Constitution oversees numerous processes across the nation, each state has its own regulations. One of the main parts of the US Constitution is the Bill of Rights (BoR), which represents the main document’s leading ten amendments meant to secure people’s liberties (Greenberg & Page, 2020;...
Introduction The District of Columbia v. Heller of 2008 is an outspoken case that relates to the Bill of Rights, the Second Amendment. It declares that people, who do not belong to militia service, are allowed to own and use a firearm for lawful reasons, for instance, self-defense at home...
Introduction The Federalist Paper no. 51 largely influences the functioning of the current government. Written by James Madison, John Jay, and Alexander Hamilton during the Constitution’s ratification between 1787 and 1788, the Federalist Paper No. 51 addresses the notion of ambition (Corbett et al. 202). The Founding Fathers built America...
Introduction Education is a routine part of life for many people. Today, it is considered one of the most fundamental human rights and cannot be withheld from individuals on the basis of their age, gender, race, cultural background or origin, disability, or other factors. Nevertheless, throughout the history of the...
Introduction Despite all the fighters’ efforts for equality, racial segregation remains a sore spot in American society. Segregation within school district boundaries is a significant concern, highlighting race-based inequality in terms of accessing education, and is directly attributed to segregation on the basis of residence. Plessy v. Ferguson and Brown...
In the United States, the subject of gun regulation has long been contentious. While some support the Second Amendment’s freedom to possess and bear guns, others contend that more gun control regulations are required to stop needless acts of bloodshed. However, in the face of mass shootings and the simplicity...
Freedom of speech occupies a special place in the hierarchy of human rights. It was promulgated in the First Amendment to the U.S. Constitution and became the basic element for the formation of all other liberal values. Freedom of speech manifests itself in all spheres of human life and society,...
“Stop and frisk” is a concept within which a person can be stopped and searched in the street without any search warrant. The practice is used by the police to search people whom they find suspectable, often without any grounds other than personal likes and dislikes. Moreover, the practice runs...
The Reasoning of Courts in Hudson’s Vs. Michigan’s Case In the 2006 case of Hudson against Michigan, the U.S. Supreme Court gets faced with the question of whether or not evidence seized should be suppressed despite the police officer’s violation of the Fourth Amendment’s “knock-and-announce” rule (Clancy, 2012). The majority...
In law, there are two approaches to legal interpretation: textualism and non-textualism. Textualists believe that the constitution should be construed literally by focusing on the plain text of the legal document. In contrast, non-textualists, also called originalists, approach the meaning of the law as understood by the populace at the...
Introduction The United States Supreme Court is one of the most influential institutions in the American political system. As a higher institution in the interpretation of the Constitution, the Court has the right to cancel the laws and acts of the executive branch, thereby forming a national policy and influencing...
The first Amendment has many advantages, such as giving citizens freedom, and they make it better and appreciated by many people. The liberties provided by the constitution cover every aspect of a person, including freedom of speech, freedom to practice their religion, freedom of assembly, freedom of the press, and...
Introduction The term legal authority describes the legal right or power of an individual or group to do certain actions. Authority is the power to establish and implement legally binding rules and judgments. The Constitution, legislation, rules, case law, and other precedents are all potential sources of legal authority. For...
Introduction Getting electoral votes is a priority goal for any political movement. Thus, such motives significantly influence the course of the electoral process. However, voter suppression is one of the advanced tactics that is gaining popularity. The main problem is the dispersal of tactics used in different constituencies. Thus, in...
Introduction Freedom of expression is a fundamental right enshrined in the First Amendment of the United States Constitution. It guarantees the freedom to express oneself, including opinions, ideas, beliefs, and other forms of communication, without the fear of government interference or censorship. In the United States, freedom of expression is...
Introduction In public schools, religion is a concept that has been debated for a long time. According to the US Constitution’s First Amendment, people have a right, duty, or obligation to express themselves the best way they deem fit. Therefore, free expression is part of the constitution, and people must...
In the case of Berghuis v. Thompkins, the United States Supreme Court held that detectives interrogating Thompkins did not violate his Miranda rights in obtaining his confession. This decision was based on the fact that Thompkins was informed of his rights and made a statement indicating that he understood them...
The article “Our Blind Spot About Guns” by Nicholas Kristof deals with an acute topic of modern America – the need to regulate weapons use. In the United States, guns are considered an essential part of the culture. The Second Amendment of the Constitution protects the right to bear arms,...
Basic Structure of the Constitution The United States Constitution details the three branches necessary for the national government: legislature, judiciary, and executive. The preamble functions as the introduction and states goals such as justice, tranquility, defense, and general welfare. Other articles cover the amendment process, ratification, the legal status of...
Each American’s fundamental, unalienable rights are outlined in the United States Constitution. Business leaders should be familiar with constitutional law to prevent enforcing laws, policies, and practices that can be declared unconstitutional. A company will face legal repercussions if it violates the constitutional rights of a client or an employee....
The Declaration of Independence is a paper written to announce the Thirteen Colonies’ independence from Great Britain and the formation of the United States of America. It embodies the nation’s founding goals, beliefs, and values. As such, one of the ideals of the Declaration of Independence is equality (“all men...
Introduction The American constitution under the Fourth Amendment provides for the protection of personal privacy which considers an intrusion to an individual’s personal life or property as trespass. This privacy right covers private properties such as houses, cars, and other personal belongings as well as the personal life of an...
Facts of the Case Obergefell pressed the Ohio registrar to identify him as the surviving spouse on his partner’s death certificate based on their marriage in Maryland. The Ohio Registrar agreed that discrimination against same-sex couples was unconstitutional, but the state’s attorney supported the ban on same-sex marriage. Case History...
Introduction As a society, people live in a time where one’s whole life can be looked at on social media, pictures stored on many different smart devices, and communication, both private and professional, is done on the internet. A vehicle may be searched when being driven across the border from...
Introduction Sexual expression is a crucial civil right that allows Americans to marry whom they want for their happiness and satisfaction. Obergefell v. Hodges was a Supreme court case in which it was held that same-sex marriage is a civil right protected under the Due Process in the U.S. Constitution....
Introduction In several Caribbean nations, constitutional amendments are sorely required. The region’s present system of government is based on the Westminster model of government, which originated when the Caribbean was still a colony. A number of the problems with this paradigm, many of which have become increasingly apparent in recent...
Introduction In April 2019, shortly after Covid-19 began, Nevada Governor Brian Sandoval signed an executive order requiring all businesses with more than 50 employees to submit letters of approval from their clergy. This was before they could hold any public events or activities. The order also required companies that had...
Introduction Since its inception, the First Amendment has been the cornerstone of American democracy. It guarantees citizens the right to free speech, a free press, freedom of assembly, and freedom of religion. However, in recent years, the landscape of free speech has changed dramatically. With the advent of social media...
Introduction Texas has repeatedly been confronted with mass shootings that have precipitated gun control changes. Texas has had more people killed in mass shootings than any other state (Miah, 2022). Conservative activists and gun rights advocates have long sought to suppress gun carry laws to enable citizens to protect themselves...
The Supreme Court is the most powerful in the country and hears all issues and disagreements relating to other American laws and the Charter of Rights and Freedoms. The American courts of appeals are approaching their 100th anniversary. The appeal can be made. The judiciary, which was established to lighten...
Under the Sixth Amendment to the United States Constitution, any person accused of a crime has the right to a trial that proceeds as quickly as possible. The right to a speedy trial under the Sixth Amendment is conditional on the defendant’s indictment and detention. If the delay results from...
The exclusionary rule is a legal rule that requires a court to disregard data seized in the unlawful detention of a defendant or violation of his constitutional rights. It belongs to criminal law and is part of the defense of citizens against court or police misconduct. The exclusionary rule applies...
Introduction The Bill of Rights consists of the fundamental ten amendments of the United States Constitution. It outlines the privileges of the American people in connection to their governance (The Bill of Rights: What Does It Say?). For instance, the Bill of Rights safeguards people’s civil rights and freedoms, such...
The Bill of Rights guarantees certain freedoms to every citizen, including the right to freedom of speech and religion. Civil rights laws protect citizens against discrimination based on ethnicity, gender, and religion. By ensuring the right to due process and equal protection under the law, the 14th Amendment guarantees civil...
The Current Texas Constitution and Amendments The current Texas constitution allows the public to vote for amendments before they become laws. Therefore, the majority of voters can pass laws that govern the Texas, limiting the government’s power. Nevertheless, an amendment process begins with a proposal supported by two-thirds of the...
Introduction The issue of freedom of speech has been relevant for the entire period of humanity’s existence. Sponsoring various racist organizations and granting them non-profit status is a relatively controversial decision. However, it must be borne in mind that the values of freedom are that all people have the right...
Introduction The Native American government is complicated and multi-component because of the unclear definition of their status. Given the institutionalization of tax and financial preferences, they have advantages over state and municipal populations in certain areas of life. Another aspect of their constitutional and legal status is a permanent state...
The Sixth Amendment to the United States Constitution fundamentally protects the basic legal rights of the defendant by facilitating their awareness of the trial process. It states that every criminal defendant should be trialed by the jury in an impartial way and has the legally supported right to meet their...
Introduction The U.S. Constitution is a progressive document that has supported the political and economic growth of the country for more than two centuries. The processes associated with its development and passage encountered numerous conflicts. From a personal perspective, the most challenging issue was that of the bill of rights....
Introduction The historic Supreme Court ruling in New York Times versus the United States, 403 U.S. 713, sometimes referred to as the Pentagon Papers case, reaffirmed the First Amendment right to unfettered press against government censorship. The top-secret information released by the New York Times and the Washington Post in...
Facts of the Case Barbara Grutter desired to join the University of Michigan’s prestigious law school after opting to change her profession in her forties after bringing up a family. However, she was denied the opportunity due to the university’s racial admissions policies it had adopted in an attempt to...
Introduction Title IX is a federal civil rights act and part of the Educational Amendments of 1972, which seeks to prohibit discrimination based on sex in all educational institutions and programs. This act continued and updated the norms for combating discrimination in various spheres of life. Title IX contains a...
Facts of the Case Thomas Jefferson of the Democratic-Republican Party was elected president in the elections of 1800. The federalists amended the Judiciary Act of 1801 to have control over the judiciary and use it to obstruct the president’s legislative agenda. Procedural History William Marbury, a Federalist Party leader from...
Marijuana, also known as cannabis, is the product of a plant called Cannabis Indica or Cannabis Sativa. It is usually in the form of dried stems, leaves, seeds, or stems. The product contains a chemical substance called tetrahydrocannabinol (THC) that has wide applications in medicine, especially in treating cancer and...
Introduction For more than a decade, the prospect of legalized marijuana for both medicinal purposes and recreational uses have remained controversial. The debate over legalized marijuana has since accelerated by 2022. Although, there are still people who still opposed the legalization of marijuana, there has been a massive nationwide acceptance...
Introduction The Bill of Rights is part of the supreme laws in the US as it is contained in the constitution. By definition, the Bill of Rights are first 10 constitutional amendments, which spell the rights of the American citizens relative to their government. Besides outlining rights, this component of...
A comparative analysis of the two cases Taylor v. Riojas and Ulrich v. Pope County The main similarity evidenced in Taylor v. Riojas and Ulrich v. Pope County is that in both cases, the plaintiffs alleged a violation of their constitutional rights. Ulrich, on his part, claimed that he did...
Introduction Personal privacy is important since it guarantees an individual power to do what they deem is right for them. Privacy is a basic element of personal rights that is manifested in various legal and constitutional provisions. It is difficult for the right of privacy to stand alone since some...
The topic of interest is voting rights as a fundamental part of any democratic society, and the two lenses selected are social sciences and humanities. From the perspective of the social sciences, many issues and subjects can be explained from the point of view of human behavior as well as...
The United States Constitution may be considered the first modern constitution in the world. It has a long history as a legal document and an even longer history behind the philosophical ideas that lay in its foundation. Despite being a symbol of freedom now, the Constitution was not created as...
Today, the Bill of Rights is the primary U.S. legal document guaranteeing personal rights and freedoms to all citizens. Both the Bill of rights and the Florida Constitution provide a detailed list of human rights. Nevertheless, there is a difference between the way the rights are presented and interpreted. The...
Introduction Section 1983 is the Civil Rights Act, a federal statute introduced in 1871. It allows citizens to sue the government for the violation of their civil rights (Bersani & Condon, 2016). It applies when an individual act following local or state-level law, being “under color of” it, and violates...
There have been cases across the United States that have resulted in judicial decisions that influenced policy and procedure in courts and prisons. The Florence vs. Burlington County case involved Albert Florence suing the government for infringing his Fourth Amendment Rights (Oyez, 2012). Stakeholders were Florence, the petitioner and Burlington...
More laws and making such laws stricter are not going to reduce gun violence. This is because the Second Amendment to the supreme constitution of the United States entrenches the right of law-abiding citizens to possess firearms for self-defence. Unfortunately, the gun control laws seek to erode such an important...
Introduction The United States Bill of Right was passed in 1978. In the Bill of Rights, Congress outlined the rights of Americans with regards to the government. It establishes guidelines for due process of the law and provides powers that are not delegated by the US Federal government to the...
The ideas of justice and freedom are rooted in the American founding documents. The Constitution of the United States was written in 1787, approved in 1788, and began to operate in 1789 (Novotny, 2020). It is a complex document that can be considered from the liberal, revolutionary, and conservative perspectives....
Federalism in the United States is an organization of government and legal systems in which a nationwide central government distributes power among the states. The constitution includes rules for how the subjects must interact with each other, and safeguards for how they must interact with the national government. The vertical...
Introduction In the USA, school policies do not allow students to bring drugs to the institution without prior permission from the right authority. Over-the-counter drugs such as naproxen and ibuprofen are prohibited and learners should not possess them within the school environment. In order to ensure middle school students comply...
New York Times Company v. United States: Case Summary, Impact, and Current Considerations The New York Times Company v. United States or the “Pentagon Papers” case resulted in a landmark ruling that outlined the application and power of the First Amendment. The case reviewed by the Supreme Court in 1971...
The Second Amendment gives the legislative foundation for US gun regulations. This is a significant set of norms that the citizens utilize in their 21st-century lives. However, in truth, neither side’s stance in the current gun-control debate was significantly influenced by the issues faced by the Founding Fathers. In reality,...
The First Amendment places a strong emphasis on the value of the right to free speech, religion, and of the right to free expression for the people of the United States. No one can be forced to give up their religious convictions and ideals by the government. Similar to this,...
The story of Clarence Gideon, an ordinary drifter accused of breaking and entering, deserves recognition as the man was deprived of legal counsel representation and had to represent himself. At the moment of his trial, Americans could use free legal counsel only in death penalty cases. Gideon tried to change...
One can contend that COVID-19’s entrance and the 2020 presidential race have revived Texas’ judicial system and its application to the state constitution. Numerous significant lawsuits deal with Texans’ fundamental right to vote. The ability of Texans to vote appears to be actively regulated by Texas courts (Legislative reference library...
Introduction The right of U.S. citizens to own guns is enshrined in the country’s constitution. It is guaranteed by the Second Amendment to the fundamental law, and Americans use it; according to a Gallup Institute survey, 47 percent of private households in the United States own guns (Kolbe, 2020). Meanwhile,...
Freedom is defined as either having the capacity to act without restriction or having the power and means to pursue one’s goals without hindrance. Freedom has become one of the important concerns raised in all concepts of contemporary science as a problem that requires a solution which has been discussed...
Abstract The Second Amendment and the right to possess a gun is vital to the American people. It is a crystallization of many beliefs and values the people of United States find important, and a historic legacy of the country’s past. However, the impact of guns on society is highly...
The Legal Concepts of “Reasonable Suspicion” and “Probable Cause” Under criminal law, reasonable suspicion is defined as a lower level or standard of suspicion. This is determined by the fact that the police have a much smaller range of legal possibilities in this case. This is due to the lack...
The Westminster Model is the term used to characterize the British constitutional system. This model makes the claim that it accurately captures the constitution and functioning of the UK government. The key feature of the model is a separation of powers which refers to the division of duties and authority...
As a member of STOP ERA, Carol Anderson would not support the ratification of the Equal Rights Amendment. Anderson chose this position because, as a housewife, Carol believed that her privileges were already protected by the law. Moreover, STOP ERA was an important movement opposing the ratification of ERA. Women...
The Constitution’s Fourth Amendment protects individuals against unjustified government searches and seizures. However, the Fourth Amendment is not a protection against every unreasonable search and seizure; it only protects against those that the law deems unjustified (Harr et al., 2017). The reasonableness of a specific sort of search within the...
Plyler v. Doe refers to a legal case in which a number of children of undocumented immigrants were unable to attend school, and while many consider it to be a minor case, it actually presents substantial implications for education in the United States. While the case was ongoing, the parents...
Understanding the American Law on Privacy and Data Protection was selected to analyze the article on civil law. On June 3, a draft federal law on privacy was published (Fjeld & Larose, 2022). The American Privacy and Data Protection Act (ADPPA) is a large-scale bill that considers all aspects of...
Introduction Background of the Study The state voter suppression law is one of the nominal U.S. historical frameworks enhancing discrimination across dynamic races. Since the end of the Reconstruction period (1865-1877), researchers have noted a significant increase in voter suppression influence (Barreto et al., 2019). During the Reconstruction period, African...
Introduction Despite being an advanced developed democracy, the United States has become the most politically divided and dysfunctional country. The divisions are evident and touch upon a range of social, economic, cultural, religious, and historical aspects. Upon examination of the phenomenon, it comes to a status quo that has been...
Introduction Constitutional carry law refers to state laws that advocate for the freedom to carry a firearm either openly or concealed. The law does not prohibit citizens from openly carrying a firearm in public spaces as no state permit is required. Under constitutional carry law, there are no background checks,...
The U.S. Supreme Court has made many landmark decisions in its history which ensured civil liberties for the citizens of the country. The first amendment of the Bill of Rights is an essential part of the United States democracy, and it has been protected by the Supreme Court on numerous...
The article about liberty and security provides information about personal security and freedom of speech. The main topic discussed in the paper presented by Haynes (2015) is phone recording. The USA Freedom Act sets an unpredicted future that might change quickly and sometimes carry negative consequences. The bill has split...
Currently, many factors are limiting the freedoms of representatives of the LGBTQ community. However, the scale of these difficulties is incomparable to the situation more than 40 years ago, when the manifestation of homosexuality led to a 20-year sentence in all US states. The prerequisites for significant changes in the...
The Constitution of the United States represents the fundamental law of the country’s federal system of government and remains the Western world’s landmark. From the text of the document itself, it becomes apparent that there is a need to determine the Constitution’s meaning through the use of various methods of...
The case was between Oliver Brown, Mrs. Sadie Emanuel, and Mrs. Richard Lawton. They were appellants against the board of education of Topeka, Shawnee County in Kansas, the appellee. The case’s location was Monroe School, where it was argued on 6th December 1952, reargued on 7th December 1953, and decided...
The First Amendment is all about promoting the freedom of words and having no limits to different opinions. The initial cause for its creation was to establish a dialogue between the government and the population. Although people are supposed to speak their minds freely, some kinds of speech get less...
