"Constitutionality" Essays and Research Papers

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    One quiet day in the 1960’s 3 Des Moines students were wrongly punished for protesting the Vietnam War by wearing black arm bands to school. The school officials believed that the armbands would cause a huge disturbance and be a very big distraction to the student body. The students were then suspended. The student’s first amendment right had been violated. This right gives us the freedom of expression‚ to sum it all up‚ as long as others are not in danger. The staff was quick to punish these

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    What is the Supreme Court

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    has certain checks on its authority. For example‚ if Congress does not agree with a certain decision of the Court it can amend the decision or statute. The power of the Supreme Court comes from Judicial Review‚ the purpose is to review the constitutionality of law. Marbury vs Madison is probably the most important Supreme Court case in United States history‚ this is where Judicial Review was originated. William Marbury petitioned the Supreme Court as he had been appointed Justice of the Peace in

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    California’s three-strike laws‚ the judge sentenced the defendant to 50 years in prison for the theft of the video tapes. The defendant challenged his conviction before the U.S. Supreme Court in Lockyer v. Andrade (2003)‚ but the Court upheld the constitutionality of the law. Washington and California police have reported that since the "Three Strikes" laws

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    In the early nineteenth century the United States began to split‚ but as mid-century came around‚ people became more polarized in their views and the union started to separate drastically. During the period of 1850‚ until 1861 when the Confederate States of America was formed‚ the union was clearly divided between the North and South. Northerners‚ during mid-century America believed in the preservation of the undissolvable Union. When the Constitution was framed in 1787‚ the founding fathers

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    the Nonpublic Elementary and Secondary Education Act violated the Establishment Clause of the First Amendment‚ claiming that such funding required an intimate relationship between the church and the state. In contrast‚ Kurtzman defended the constitutionality of the act‚ stating that refusal to fund the religious schools would be a violation of the Free Exercise Clause of the First Amendment. Court’s Decision On June 28‚ 1971‚ the U.S. Supreme Court reversed and remanded the Pennsylvania case‚ ruling

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    numerous reasons for creating them‚ such as national security and desegregation. It was not until 1936 that the executive orders were numbered; this was a result of the Federal Register Act. A common topic when discussing executive orders is the constitutionality of the President’s power to use them. It is constitutional since it is the President’s duty to faithfully execute the

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    Fred T. Korematsu

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    taken to San Francisco county jail. While in jail‚ he was visited by Ernest Besig‚ the director of the San Francisco office of the American Civil Liberties Union‚ who asked Korematsu if he was willing to become the test case to challenge the constitutionality of the government’s imprisonment of Japanese Americans. On September 8‚ 1942‚ Korematsu was convicted in federal court for violating the military orders issued under Executive Order 9066. Korematsu and his family were transferred from many camps

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    REASONABLE CLASSIFICATION & ARTICLE 14: Article 14 declares that "the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India". The phrase "equality before the law" occurs in almost all written constitutions that guarantee fundamental rights. Equality before the law is an expression of English Common Law while "equal protection of laws" owes its origin to the American Constitution.Both the phrases aim to establish what is called

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    Hate Crimes Against Gays and Lesbians LaReese Nixon Kaplan University CJ490: Research Methods in Criminal Justice Prof: Deborah Barrett August 7‚ 2012 Abstract Introduction Lesbian‚ gay‚ bisexual‚ and transgender persons frequently face violence motivated by their sexuality or gender identity. Violence may be executed by the state‚ as in laws prescribing corporal punishment for homosexual acts‚ or by individuals engaging in intimidation‚ mobbing‚ assault‚ or lynching. Violence targeted

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    Hardwick was charged with committing consensual sodomy in the privacy of his bedroom with another adult male. He had violated the Georgia statute that criminalized sodomy. Hardwick brought a suit in Federal District Court challenging the constitutionality of a law that criminalized a sexual act between consenting adults. The court held that the United States Constitution does not grant the fundamental right to homosexuals to commit sodomy‚ even in the privacy of their homes. They concluded that

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