... the ruling, for the case was decided solely on the grounds of the Commerce Clause. In Chief Justice John Marshall's opinion, the definition of "commerce among several states" set a precedent for the next century. "Commerce, says, Marshall, is [intercourse]. Marshall's definition of commerce encompassing trade among states in a way that allows the Federal Government to police protectionist measures" (Reynolds 9). This decision stood ... Interstate Commerce" (Findlaw). But after "Roosevelt's court-packing scheme" (Reynolds 10), and the Nation's gullibility on the 5 New Deal, the Court cha...

• Word Count: 2398
• Approx Pages: 10
• Has Bibliography

... husband and wife. This is also stated in the dictionary; however, the second meaning of the word simply states "a close union" (American Heritage Dictionary of the English Language). The latter definition clearly identifies a gender neutral merger. The traditional meaning of marriage must be substituted because gays and lesbians are people who happen to love others of the same gender and have ... to do the same. The obstacles being put in front of homosexual couples are in the name of the "normal" people actively seek to define their definition to all. These same "normal" people are the...

• Word Count: 2287
• Approx Pages: 9
• Grade Level: Undergraduate

... the right to personal privacy he is seen as a hero. In order to fully comprehend whether a whistleblower can be seen as a traitor or a hero, whistleblowing needs to be understood by definition and its views around the world, for example in the United States of America, United Kingdom and South Africa. We need to fully understand the effects and aftermath that whistleblowing ... the right to personal privacy he is seen as a hero. In order to fully comprehend whether a whistleblower can be seen as a traitor or a hero, whistleblowing needs to be understood by definition and its views aroun...

• Word Count: 2111
• Approx Pages: 8
• Has Bibliography
• Grade Level: Undergraduate

... . The courts rested their decisions on the circular argument that the couples equal protection rights were not violated because they were excluded by the traditional definition of marriage, which in turn denied them any rights under that definition. The relationship proposed by the applicants did not allow the issuance of a marriage license because what they had was not in the traditional sense ... ...

• Word Count: 2327
• Approx Pages: 9
• Has Bibliography
• Grade Level: Undergraduate

... counsel is always supposed to communicate all plea offers to his defendant under the constitution. An argument used against Frye's claim for post-conviction relief is stated in the actual definition of a guilty plea. A guilty plea must be a voluntary expression of the defendant's choice and a knowing and intelligent act done with sufficient awareness of the relevant circumstances and likely consequences. Once ... plea is entered, all claims that counsel was ineffective are waived, except to the extent that the conduct affected the voluntariness and knowledge with which the plea was made...

• Word Count: 2414
• Approx Pages: 10
• Has Bibliography
• Grade Level: High School

... us actions. The rule of law is fundamental principle for the whole society, it answer the purpose of any constitution in a democracial way. The rule of law has no exact definition. The first person attempted to identify the rule of law was Professor Dicey at the end of the nineteenth century (Hubbard, Thomas and Varnham P33). Today, based on the Professor ... Dicy's definition, we explain the rule of law in four aspects. Firstly, the individual must be protected by the state from violence whether official or unofficial, least people "take the law into ... ...

• Word Count: 1652
• Approx Pages: 7
• Grade Level: High School

... is one of our responsibilities as citizens. Finally, in regards to this paragraph, someone who DOES fulfill his or her responsibilities, are good citizens, but that is not the whole definition of a good citizen, it is simply one part of a bigger picture. The question can now be raised, if one follows and fulfills these responsibilities does that really make them a good ... a good or effective citizen? In my opinion, it all depends upon the person defining the term effective citizenship. Each person has different beliefs and or values and these effect there definition on effective citize...

• Word Count: 1554
• Approx Pages: 6
• Grade Level: High School

... many people don't agree with it, it still has main importance to us Americans. Because there were so many things incorporated into the Constitution it's hard to have an exact definition. According to Magruders American Government book a constitution is "the body of fundamental laws setting out the principles, structures, and processes of a government." I believe the creation of the United States Constitution ... many people don't agree with it, it still has main importance to us Americans. Because there were so many things incorporated into the Constitution it's hard to have an exact de...

• Word Count: 1917
• Approx Pages: 8

... many people don't agree with it, it still has main importance to us Americans. Because there were so many things incorporated into the Constitution it's hard to have an exact definition. According to Magruders American Government book a constitution is "the body of fundamental laws setting out the principles, structures, and processes of a government." I believe the creation of the United States Constitution ... many people don't agree with it, it still has main importance to us Americans. Because there were so many things incorporated into the Constitution it's hard to have an exact de...

• Word Count: 1917
• Approx Pages: 8

... many people don't agree with it, it still has main importance to us Americans. Because there were so many things incorporated into the Constitution it's hard to have an exact definition. According to Magruders American Government book a constitution is "the body of fundamental laws setting out the principles, structures, and processes of a government." I believe the creation of the United States Constitution ... many people don't agree with it, it still has main importance to us Americans. Because there were so many things incorporated into the Constitution it's hard to have an exact de...

• Word Count: 1917
• Approx Pages: 8

... review the constitutional pressures which have challenged those doctrines; and, (4) to highlight the contrasts and similarities between the two systems. (2) Defining Constitutionalism We will employ Fred Ridley's (1988: p. 317) broad definition of a constitution as: ...the whole system of government of a country, the collection of rules, written and unwritten, which regulate the government'. Any investigation of the sources of state authority must ... relates to the ambiguity, which surrounds the explanation of what a constitution actually involves. Britain's unwritten constitution and ...

• Word Count: 1384
• Approx Pages: 6
• Grade Level: Undergraduate

... the groundwork for the American government. It sets up the separation of powers, checks and balances, and the relationships between state and federal governments. The constitutional vagueness (particularly on the definition of federalism) that we have become so accustomed to leads the incredible importance of the court and its ongoing role of providing us with clarity on the issue. Justice O"Connor ... need for vagueness in the Constitution (and therefore federalism). Basically, he expresses only the need for a framework or "outline" of the main objectives, pointing out that the rest of...

• Word Count: 1635
• Approx Pages: 7
• Grade Level: Undergraduate

... constant overthrows) and also protected the rights and liberties of the people. This, therefore, ensured the support of the people of the government; as with any democracy, it is, by definition, the people who make the government tick. Both Washington and Adams also aided the centralization of and the accumulation of authority of the US government, an essential element in any ... harmed the faith and confidence of the people in their government, and consequently harmed the stability of their government: any democracy draws its power from the people by its very definition, and a democrac...

• Word Count: 1367
• Approx Pages: 5
• Grade Level: Undergraduate

... it is clear that the founding fathers meant for the right to keep and bear arms of the citizens, the argument now lies in the definition of "a well-regulated militia." In a little over 225 years, the definition has been blurred as to what exactly is the U.S. militia is. Earl Kruschke reports that " current Federal United States Code the militia of the United ... ...

• Word Count: 1916
• Approx Pages: 8
• Has Bibliography
• Grade Level: High School

... is, according to the Miriam Webster dictionary, the distribution of power in an organization (as a government) between a central authority and the constituent units. This is a system of government that by definition is supposed to separate the government into two or more levels therefore ensuring that no one power may become powerful enough to infringe on the rights and privileges of it ... 's vote is equal. What then can be done to level out the playing field and eliminate the elitist characteristics plaguing the American government? This takes us back to our original definition of elit...

• Word Count: 1499
• Approx Pages: 6
• Grade Level: High School

... of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny." Three issues are 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 ... ...

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

... not see states as equal entities, he viewed states as "units of convenience that ultimately embodied only the fictitious legal personality of all corporations" (Banning 432). With this definition in mind he did not believe that states deserved an equal say because they did not represent a different set of ideals. States were convenient plots of land where the people ... ...

• Word Count: 1874
• Approx Pages: 7
• Grade Level: Undergraduate

... #74, "The direction of war implies the direction of the common strength; and the power of directing and employing the common strength, forms a usual and essential part in the definition of the executive authority"6. This is Hamilton invoking the idea of plenary authority. What this essentially means is that Hamilton would vest in the President complete unitary power to ... ...

• Word Count: 1503
• Approx Pages: 6
• Grade Level: Undergraduate

Who is an American? The term "American" is used so freely that no one really knows what the definition of what an American is. Is an American someone who was born in America and lives here? Or is being an American having citizenship? Do all Americans have the same ... ...

• Word Count: 1277
• Approx Pages: 5
• Has Bibliography
• Grade Level: High School

... in addition to the 2nd and 10th amendments of the U.S. Constitution. Surprisingly as it may seem, there is a valid and lawful claim to the existence of the militia. Briefly, the definition listed in the U.S. Code under Title 10 Ch.13 s.311 states: a) the militia of the United States consists of all able bodied males at least 17 years of age and ... ...

• Word Count: 1328
• Approx Pages: 5
• Has Bibliography
• Grade Level: High School

... it would assist in convicting the defendant. Through the years, the Supreme Court interpretation of the Fourth Amendment has changed due to the development of search and seizure law. The definition of "unreasonable" was first dealt with at the federal level in the 1914 case of Weeks v. United States. Federal law enforcement authorities accused the defendant, Freemont Weeks of using the ... ...

• Word Count: 1443
• Approx Pages: 6
• Grade Level: Undergraduate

The President Article II of the US Constitution grants the president numerous powers and responsibilities, but the authority granted to the modern presidency far exceeds the constitutional definition of office. And through the years, a variety of presidential roles have evolved that were not originally or specifically outlined in the Article. Some of these roles were legislated by congress, ... ...

• Word Count: 1641
• Approx Pages: 7
• Grade Level: Undergraduate

... to conform to an external ideal dominated and not until into the 20th century did this repressive moral outlook cease to operate freely" (Weiner 99). Until the 1930s, the legal definition of obscenity in Britain and the United States was that of Lord Cockburn in the Hicklin Case (1968): "Printed materials are obscene if they have a tendency to deprave or corrupt ... ...

• Word Count: 1720
• Approx Pages: 7

... always rested in the hands of the people. The men hoped that their system would withstand time and preserve the freedom of Americans for many generations to come. The actual definition of federalism arose from a disagreement between the delegates. Some wanted with the confederate government defined under the Articles of Confederation. Others preferred the idea of a more centralized unitary system, like ... ...

• Word Count: 1518
• Approx Pages: 6
• Grade Level: Undergraduate

... duty of the United States government to stop the spark before it starts a flame. Due to the circumstances in which this nation is under, there are certain limitations on the definition of freedom of speech. This court therefore affirms the lower courts decision by an eight to one vote....

• Word Count: 1322
• Approx Pages: 5