The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods used for execution of the death penalty should be humane and sensible. While the criminal may lack in possessing any compassion whatsoever that this complete lack of the ability to have

Gov). Regardless of the administration, the President must ultimately bow to the will of the Senate on treaties; President Wilson failed in his attempt at the passage of the League of Nations, just as President Obama is having difficulty in passage of trade bills with Columbia, South Korea, and Panama. The Senate's powers also include further checks on the Executive Branch, namely the authority of impeachment by trial, two of which

To provide for the common defense, as opposed to merely a state-based defense, the Constitution contains what came to be known as the Compact Clause: "No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or

And taxes were to be levied only through the consent of the elected officials. The Magna Carta was different from the Constitution in that the Magna Carta was mainly concerned "…with largely feudal issues that benefited the aristocracy," whereas the Constitution was based on creating fair representation by the people (Arnheim, et al., 2009). TWO: The fairness of the laws is similar in that when the phrase "rule of law"

During the 70's and 80's some of these opportunities were eliminated by the actions of the Burger and Rehnquist courts but habeas corpus actions remain a major problem for both systems and our a source of much acrimony. In 1996, Congress amended the federal habeas corpus statute in order to provide some clarification as to how habeas corpus was to be applied and interpreted nationwide. XI. The Eleventh Amendment and

" Thus, the members of the Convention assumed that, although power was a necessary evil, it was also dangerous, especially when provided to the wrong person who might take advantage of this power for his own gain. In essence, the members attempted to compose a constitution that would insure effective power for the government when needed but that would also place reliable checks and safeguards on the use of that power.