... mixed - but very strong - emotions since its announcement, passed the first stage in front of the federal appellate court. The U.S. 6th Circuit Court of Appeals in Cincinnati found that the law's insurance requirement is constitutional (Levey). "We find that the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause," the panel concluded after a 2-1 majority ... the coming months," said Karen Harned, executive director of the National Federation of Independent Business Small Business Center. They are challenging the law in the Florida ...

• Word Count: 773
• Approx Pages: 3
• Has Bibliography
• Grade Level: Undergraduate

... its defense before the Supreme Court, the Clinton Justice Department cited the commerce clause as justification for the law. It argued that violent crime in or near schools harms the quality of education, causing graduates to be unprepared for gainful employment, thereby affecting interstate commerce, which Congress has the power to regulate. In 1995, however, the Supreme ... Court--for the first time in more than half a century--invalidated a federal law on the ground that it was outside the scope of the commerce ... Congress failed to make adequate factual findings about the impact o...

• Word Count: 1219
• Approx Pages: 5
• Grade Level: Undergraduate

... laws have been created, but when it comes to convicting a doctor and sending him to prison, in lieu of the circumstances, the law often breaks down and the charges are dismissed or the doctor is acquitted. In the case of the nineteen states which have not delineated ... an assisted suicide cannot be deemed a homicide. At the time of the appellate courts hearing of the Campbell appeal, there was no other codified law expressing what crime an assisted suicide would fall under and the homicide charges were dismissed. Anti-active euthanasia proponents feel that it is the duty ... the indivi...

• Word Count: 1550
• Approx Pages: 6
• Grade Level: Undergraduate

... Barron v Baltimore. John Barron owned a wharf in Baltimore, and the city diverted the flow of streams for construction. The result was buildup of sand near Barron's wharf, which rendered the water too shallow for most ships to come into, costing Barron a lot of business. Barron sued saying Baltimore encroached ... to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty...

• Word Count: 2594
• Approx Pages: 10
• Has Bibliography
• Grade Level: Undergraduate

... intentional infliction of emotional distress, a claim known as IIED, resulting from picketing at his son's funeral. The members of Westboro Baptist Church ("Westboro"), led by Fred Phelps, picketed near the funeral to demonstrate their view that "the United States is overly tolerant of sin and that God kills American soldiers as punishment." In court, the defendant, Phelps, attempted to ... Amendment was incorporated into the Due Process Clause of the Fourteenth Amendment, thereby limiting states' power to punish speech. Roughly forty years later, the Court first recognized that state to...

• Word Count: 3341
• Approx Pages: 13
• Grade Level: Undergraduate

... but then shocking news published by the New York Times, disrespected every American's freedom. After the attacks on 9/11, President G. Bush decided to establish a law that would be able to spy on every single American whichever mean of communication he wanted. This meant telephone calls, email messages, SMS, social media profiles, ... emerging from this unconstitutional abuse of power: an abuse in American's privacy, an inequality on how check and balances are distributed, how the rule of law is broken meaning that the Constitution is not being followed either, and how the abuse of power...

• Word Count: 1471
• Approx Pages: 6
• Grade Level: Undergraduate

... or not a person is imprisoned lawfully and whether or not he should be released from custody." Before Lincoln suspended the writ of habeas corpus he first declared a state of Martial Law. Martial Law is "the will of the commanding officer of an armed force, or of a geographical military department expressed in a time of war within the limits of his jurisdiction. The officer ... executing martial law is at the same time the supreme legislator, supreme judge or supreme executive. As necessity makes his will the law he only can define and declare, and he alone can judge, and his sole order...

• Word Count: 1062
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

... and jurisdiction. The terrorists linked to the 9/11 attacks should not have been tried in the United States courts. According to Major John Dehn, assistant Professor in the Department of Law, US Military Academy, at West Point: Public enemies of the United States have never been afforded the protection of the Bill of Rights. This is not based on their nationality ... nature of this information and its repercussions. "Standard Criminal trial rules required the government to turn over to the defendants a list of 200 possible co-conspirators"" (Yoo 1-2). Mr. John Yoo, Law Professor at the ...

• Word Count: 1998
• Approx Pages: 8
• Grade Level: Undergraduate

... to raise and support armies. He withdrew $2,000,000 for military purposes without authorization, when the Constitution states that no money can be taken from the treasury unless approved by law. Lincoln arrested and jailed anti-Unionists, without giving them a reason, before congress had a chance to meet and approve it, when the Constitution states that the writ of habeas corpus shall ... rebellion or invasion, and that Congress must approve the suspension. Also, Lincoln censored some anti-Union newspapers and had editors and publishers arrested, when the constitution clearly states tha...

• Word Count: 1438
• Approx Pages: 6
• Grade Level: Undergraduate

... their way of life. So they also set forth to create an institutional framework in which all men could seek solace and rely upon to guide their way into the near and distant future. The resulting document was the United States Constitution, yet they were far from done with it and although over 220 years of history has passed by since ... necessary to bring food to the table. There has been some activity and successes on this front by banning assault rifles and the implementation of waiting periods for handguns (Brady Law). Yet the debate rages on with either side of the issue slinging mu...

• Word Count: 1371
• Approx Pages: 5
• Has Bibliography
• Grade Level: Undergraduate