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...
Introduction The history of the United States describes how its people continue to enjoy the provisions of the Second Amendment to the Constitution. Americans are allowed to purchase and own guns for security and self-defense purposes. The Founding Fathers of the country foresaw a scenario whereby more people would be...
Introduction It is important to note that firearm possession and Georgia’s “campus carry” law are elements of a critical right of every American citizen to bear and keep arms. No law should infringe one’s right to have a firearm at his or her disposal regardless of circumstances and conditions. Therefore,...
Introduction Governments need laws and guidelines that ensure the effective running of the nation through a particular authoritative order. The constitution is the governmental body that provides guiding principles and practices of a country by determining various powers and roles of the government that ensure rights to all citizens. Constitutional...
Introduction The United States Constitution provides U.S. citizens with a range of vital rights and protections. The document provides various levels and branches of government with power to act on certain statutes through policy and enforcing. However, as a document written centuries ago with amendments being added historically, the Constitution...
For a better understanding of what people and the state can and cannot do in relation to each other, special rules have been created. Their study is necessary for a better understanding of what is happening in the country. This paper analyzes the commonality and differences of the Bill of...
Case: Griswold v. Connecticut (1965) 381 U.S. 479 Facts: The appellant is represented by the Planned Parenthood League of Connecticut and its executive director Griswold. Appellee is the State of Connecticut responsible for the law making contraceptives illegal (Griswold et al. v. Connecticut, 1965). The appellants were accused of providing married...
Introduction This work will be devoted to comparing the Bill of Rights to the US Constitution, adopted in 1791, and the Constitution of the State of Florida, namely Article One, which declares the rights of a citizen of the State. It is important to note that both documents have quite...
The Bill of Rights has set the foundation for ensuring every citizens’ safety, agency, and dignity. The constitution of each state shares principal ideas with the Bill of Rights, as the Constitution of Florid exemplifies. Although the Constitution of Florida does not mirror the Bill of Rights exactly, it still...
Introduction Every democratic country is governed by a constitution that binds everyone, including the government. A constitution is grounded on precedents that act as the legal foundation from which a particular organization or body is governed. In the U.S. constitution, the bill of rights is contained in the first ten...
In the US, the ability to create legislation resides with Congress, consisting of the House of Representatives and the Senate. The first step in creating a law is to have an idea for a law. The idea can come from anyone, including ordinary citizens. Once drafted, the bill is introduced...
People tend to use scopes of probable cause and reasonable suspicion interchangeably. However, they cover separate but related contexts which should not be misused. According to the United States’ Supreme Court, reasonable suspicion involves a situation where a prudent law enforcement agent relies on common sense beyond a conjectural hunch...
Introduction The Fourth Amendment upholds the US peoples’ right to be secure in their persons, houses, papers, and effects (Cornell University Law School, n.d). The law enforcing officers, therefore, is forbidden from searching or taking anything from the citizens without significant justification. The amendment further classifies irrational searches and seizures...
Introduction The issue of same-sex marriage has plagued many countries across the world. In the United States, there has been a lot of resistance to the proposal that a bill is passed to allow gay marriage. The opposition to gay marriage is usually fueled by a religious bias that stipulates...
Introduction Established in 1789, The Supreme Court is the highest in the United States. It is composed of Chief Justice and associate justices. The President of the United States nominates the judges and subsequently appoints them after vetting by the Senate. Article II of the American Constitution created the U.S....
The end of the major world wars forced nations to go back to their drawing boards and restructure their institutions to ensure they had the power to protect their citizens and boundaries. The end of these wars marked the beginning of wider democratic spaces not only internationally but also within...
Introduction Stop-and-frisk is a policy that is common in many nations across the world. In some of countries, the act is constitutional, while in others, it is unconstitutional. Frisking is defined as a search that is conducted on a person (Ritchie & Mogul, 2007). Stopping is an act of preventing...
The legislation came into power in 2002 and launched foremost transforms to the guideline of financial performance and corporate governance. This Act was passed by President Bush. It was named after its creators Senator Paul Sarbanes and Representative Michael Oxley. It also places various time limits for compliance. It was...
The question of Same-Sex marriage involves legal and constitutional issues and social problems. Obtaining recognition for gay couples is only one of a series of powerfully contested questions that have arisen since the U.S. gay rights movement rose to importance in the heated political debate of the 1980s. Some critics...
Introduction From the enactment of the Bill of Rights, the Second Amendment guarantees every law-abiding adult the right to keep and bear arms. Through numerous court cases, the Second Amendment has long been the subject of many debates. In a decision, the Supreme Court overturned the 32-year-old ban on handguns...
In the foundation of the constitutional system of the new state, the creators of the Constitution put three main political and legal principles – separation of powers, federalism, and judicial constitutional supervision. Within a few years, the confederation of independent states was transformed into a federation thanks to the adoption...
Judicial Review is a power conferred to a court to review a section of regulation, statute, treaty, or constitution in a bid to check if it is constitutionality and consistent with the parent statute, treaty, or constitution. The power and role of the Supreme Court to exercise judicial review is...
Children are a very special part of any given society. They induce fundamental intuition to nature as well as protect. As such, there is a need for children to grow safe, happy, and healthy (Lawrence, 2004). In the midst of the welfare systems and structures, are the community and family....
The United Kingdom is considered a constitutional monarchy, although the constitution is not codified. It consists of laws, precedents, and legislative customs, which are used to form state organs and regulate their cooperation and communication with citizens. There is an opinion that Britain does not need a document which would...
Separation of powers is defined as the thought that a government will perform at its best when its powers are not given to one authority implying that they are given to more than one branch. The United States was the first nation to formalize separation of powers among the branches...
The U.S. Constitution is the supreme law of the land and the guide for all criminal law processes within the judicial system. The Bill of Rights safeguards citizens against the abuse of governmental powers by imposing limits on the methods by which it can treat people accused of crimes against...
Abstract This paper defines what is bill of rights as the fundamental rights and freedoms which should be provided to everyone to preserve human dignity. It limits the government of any state from interfering with people’s enjoyment in their lives when exercising its powers. It also ensures that during the...
