to establish the National Bank. The Court also asserted that the Constitution did not allow a state to tax the Bank. Chief Justice John Marshall stated that the Constitution does not explicitly grant Congress the right to establish a national bank‚ but also noted that the "necessary and proper" clause of the Constitution gives Congress the authority to do that which they felt was best for the country. Therefore‚ the Court affirmed the existence of implied powers. In 1791‚ after Congress had passed
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JUDICIAL INDEPENDENCE INTRODUCTION An independent judiciary is necessary for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and also prosperity and stability of the society. The independence of the judiciary is normally assures through the Constitution but it may also be assured through legislations‚ conventions and other suitable norms and practices. Following the constitution of United States‚ almost all constitutions lay down at least the
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Supreme Court Case Study Media Center Research: Presentations: Choose one Supreme Court case from approved list provided in class. Download the format below from Edline. Each bullet must be answered in a complete sentence. Punctuation and spelling will be part of the grade. [10 points each] Attach Citation sheet (Noodletools). [20 points] Class presentation. [20 points] References will be cited by using Noodletools – MLA Advance. Two sources must be cited. You will investigate your case by using
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Government “Supreme Court Research Project” Brown v. Broad of Education‚ Topeka (1954) Background: This may be the most known and the most controversial decision of the modern Supreme Court. The Court finally saw that some women don’t have any other choice than abortion.Right after the moment was handed down‚ Roe v. Wade has divided lawyers‚ politicians‚ and the public into those who support the decision and those who would like it brought down‚ either by the same Supreme Court or by act of
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Terror were civil liberties violated‚ and should habeas corpus been suspended. Detaining individuals for a suspected crime and not giving them their day in court is in violation of the Constitution. Habeas corpus was implemented in the Constitution to ensure that individual would not be unlawfully imprisoned. Presidents have used their war time power to suspend the habeas corpus‚ is this violating civil rights and liberties? Habeas corpus is derived from the Latin term “you have the body” which is the
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Judicial Activism Active Judiciary‚ passive executive In normal circumstances‚ judicial activism should not be encouraged. But the circumstances are not normal. The political system is in a mess. In several areas‚ there is a situation to administrative paralysis. Take the recent Hawala case‚ which is a good example of judicial activism. What transpired in this case is very instructive. In this case the prime minister’s name was also involved‚ and
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equal and if has procedures unrelated to necessary job functions in the organization. In the case of McDonnell Douglas vs Green the Supreme Court holds that a charging party can prove unlawful discrimination indirectly by showing a failure in the organizational business process. In this case the hiring and firing of an employee‚ McDonnell Douglas was taken to court over their unethical tactics. The charging party has to only prove four things: they are a minority (protected group)‚ they applied and
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Supreme Court of India Aruna Ramchandra Shanbaug vs Union Of India & Ors. on 7 March‚ 2011 Bench: Markandey Katju‚ Gyan Sudha Misra REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 115 OF 2009 Aruna Ramchandra Shanbaug .. Petitioner -versus- Union of India and others .. Respondents J U D G M E N T Markandey Katju‚ J. "Marte hain aarzoo mein marne ki Maut aati hai par nahin aati" -- Mirza Ghalib 1. Heard Mr. Shekhar Naphade
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The constitution limits the government’s power in most situations by creating small checks‚ but not all problems have these checkpoints. First‚ the constitution allows each branch to check each other and makes sure everyone is doing their job correctly. This is called “Checks and Balances” which allows counter balances on other branches. This allows branches to check in with each other and correct or fix anything they need to. This helps prevent the government for getting too powerful from one branch
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In 1986‚ the Plessy v. Ferguson Supreme Court case established that there could be separate but equal facilities for blacks and whites‚ giving support to Jim Crow laws. The Supreme Court did not begin to reverse Plessy until the Brown v. Board of Education Supreme Court case 58 years later‚ which established that segregating blacks and whites was unconstitutional and that separate could never be equal. After the period of reconstruction following the Civil War‚ many states in the south and
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