Tushnet (2005) defends his point-of-view by writing that the advocates of the Stuart lawsuit placed the argument that Justices of the Supreme Court, even though, had the authority to be Supreme Court Justices, but they could not be Circuit Court Judges if the position of Circuit Court Judges already taken up by others had been eradicated. Furthermore, they stated that the eradication of the Circuit Judges had been, in fact, illegal and undemocratic in accordance to Article III of the Constitution that stated that once authority had been assigned to a body, it had an enduring or life term; and giving Congress, the authority, to eliminate or eradicate the Circuit Courts had been against the judicial sovereignty promised. Another argument had been that the Congress could not and should not add to the responsibilities already handled by the Supreme Court Justices/Authorities mainly because the added responsibilities could burden them unnecessarily…...
mlaReferences
Clinton, Robert L. (1989). Marbury v. Madison and judicial review. University Press of Kansas. Taken at http://library.uh.edu
Clinton, Robert Lowry. (1994). Game Theory, Legal History, and the Origins of Judicial Review: A Revisionist Analysis of Marbury v. Madison. American Journal of Political Science. 38, 2, pp. 285-302. Taken from www.jstor.com
Dewey, Donald O. (1970). Marshall vs. Jefferson: The political background of Marbury vs. Madison. Knopf Publications. Taken at
As Treanor emphasizes, "hat appears to be a puzzling, unconvincing, and uniquely aggressive exercise of judicial review was fully consistent with prior judicial decisions in which courts had invalidated statutes that trenched on judicial authority and autonomy" (455).
Texas v. Johnson (1989). Perhaps as no other issue in the post-September 11, 2001 climate is that of flag-burning. The debate is heated and emotionally charged, and it is easy to get caught up in the rhetoric. Nevertheless, it is important to keep in mind what the flag represents to many people and avoid characterizations that would lead to misunderstandings. The U.S. flag and - in the case of Texas v. Johnson, state flags can mean a great deal to citizens and it is natural to expect them to want their flags honored and respected. hen people use the symbolism inherent in the national or a state flag, they touch buttons that…...
mlaWorks Cited
Black's Law Dictionary. St. Paul, MN: West Publishing Co., 1990.
Marcus, Maeva. Origins of the Federal Judiciary: Essays on the Judiciary Act of 1789. New York: Oxford, 1992.
Raskin, Jamin B. Overruling Democracy: The Supreme Court vs. The American People. New York: Routledge, 2003.
Texas v. Johnson, 491 U.S. 397 (1989).
Judicial Review in the United States is based on a premise that the actions of the legislative and the executive branches should be subject to review by the judiciary. Supreme Court is the main actor in conducting such reviews. The Court has the power to invalidate the mandate of either the legislative or the executive if the Court finds them incompatible with the constitutional law. The judicial review is part of the democratic principle, separating powers in the government, and making both the executive and the legislative branches accountable before the supreme law. In the United States today, the judicial review may be used through six forms of constitutional arguments or constructions: historical, textual, structural, doctrinal, ethical, and prudential. The historical argument usually refers to the original intent or the understanding of the constitutional argument, often referring to the intentions of those who codified the laws. The textual argument is…...
mlaWorks Cited:
Judicial Review. FindLaw. n.d. Web. 10 February 2012
..making each withdrawal liability payment when due under the Multiemployer Pension Plan Amendments Act 29 U.S.C. Section 1381(a)." (Nager, et al., 2006; citing Bay Area Laundry & Dry Cleaning Pension Trust Fund v. Ferbar Corp. Of Cal., Inc. 522 U.S. 192, 208 (1997). The respondent further notes that in relation to each antitrust law a new violation is constituted by each "unlawfully high priced sale" since that sale is a "separate, single act" in violation of the Sherman Act, Klehr v. a.O. Smith Corp., 521 U.S. 170, 189 (1997).
IV. ANALYSIS
The petitioner in this case Ledbetter, states that that question is "...whether payment of an intentionally disparate wages constitutes a present violation of Title VII," and while it is unfortunate that just as in this case, a company can practice pay discrimination over so many years and in such increments that may not be conceived as discriminatory, the fact remains that…...
mlaRussell, Kevin K. et al. (2006) Reply Brief for the Petitioner in the case of Lilly M. Ledbetter v. Goodyear Tire and Rubber Company, Inc. 14 Nov 2006.
Bazemore v. Friday, 478 U.S. 385, 395 (1986)
Nager, Glen D., et al. (2006) Brief for Respondent on Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit in the case of Lilly M. Ledbetter v. Goodyear Tire and Rubber Company, Inc. U.S. Supreme Court No. 05-1074 (2006) bid
Judicial Review
The most important American political institution is the U.S. Constitution. Of course, this is only a document, but it is also an institution in its own way, for it is the basis of all American political institutions and practices. It is like the DNA of our government: e would have no government without it, no road map to create our form of democracy. Unlike other democracies like Great Britain in which there is no single guiding document or voice, the U.S. government has a central core. This is, of course, sometimes problematic as when courts or other governmental institutions become so wrapped up in the problem of the "original intent" of the Framers of the Constitution - as if anyone could determine after over two centuries what such intent might be, assuming that the Framers themselves would want us necessarily to limit ourselves to their vision of the world.…...
mlaWorks Cited
Brest, Paul (ed.). Processes of Constitutional Decisionmaking: Cases and Materials. Denver: Aspen, 2000.
Calabresi, Guido. "The Current, Subtle - and Not So Subtle - Rejection of an Independent Judiciary." U. Pennsylvania J. Constitutional Law 4 (4): 637, 2002.
Hamilton, Alexander, James Madison and John Jay. New York: Mentor, 1999. http://www.cic.nyu.edu/pdf/E23SummaryConstitutional%20Court%20Judicial%20ReviewAHaq.pdf
Judicial Review: A Review of "Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis"
In "Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis," Daniel Cole discusses the role that judicial review has played in the protection of private property rights. He begins by stating the assumption that judicial review has played a critical role in the maintenance of private property rights and then questioning that assumption. He begins by reviewing the assertions of some scholars that private property owners do not require judicial review to protect their property interests because they are capable of doing so through the political process without the intervention of the courts. In fact, these scholars suggest that the courts are not well-situated to deal with compensating people who have been victimized by such unjust takings, suggesting that even a flawed regulatory system is better-situated at handling these problems than the court…...
mlaWorks Cited
Cole, Daniel. "Political Institutions, Judicial Review, and Private Property: A Comparative
Institutional Analysis." Supreme Court Economic Review 15 (2007): 141. Web. 3 May 2014.
Judicial review allows lawmakers to reflect changing morals and ideals when enacting legislation, but prevents them from allowing the hot-button topics of the moment to determine the laws of a nation. In fact, to really understand the success of judicial review, one need only look to the election in the Ukraine, where the Ukrainian Supreme Court may be the only body far-enough removed from party politics to ensure that Ukrainian voters have their say. If imitation is the sincerest form of flattery, Justice Marshall should be very flattered.
orks Cited
The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar
Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.
Hugo Lafayette Black." Arlington National Cemetery ebsite. 2004. Arlington National
Cemetery ebsite. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.
Judicial review/Marbury v. Madison." National Legal Center for the Public Interest. 2002.
National Legal Center for the Public Interest 9 Dec. 2004 http://www.nlcpi.org/pdf/JudicialReviewMarburyvMadison.pdf#search='judicial%20review%20marbury'.
Linder, Doug. "Judicial review." Exploring Constitutional Conflicts. 2004. University of…...
mlaWorks Cited
The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar
Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.
Hugo Lafayette Black." Arlington National Cemetery Website. 2004. Arlington National
Cemetery Website. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.
Judicial Appointments
Bush's Judicial Appointments
An Examination of President George W. Bush's Judicial Appointments
During the eight years of his presidency George W. Bush appointed two Supreme Court justices, 61 Appeals Court judges, and 261 Federal District Court judges. Judicial appointments can be one of a president's longest lasting legacies. The people President Bush named to the judiciary will be making decisions and affecting policy long after he leaves office. Courts today, especially the Supreme Court and appeals courts, make policy that has just as much of an impact on Americans' lives as do the laws that Congress passes. President Bush recognized this fact and took his power to appoint judges very seriously.
According to Christopher Miles (2010) it is hard to know exactly how the nomination process worked in the White House because those involved in the process have remained relatively silent; however some details have come to light. In the Bush administration,…...
mlaReferences
American University (2009, July 10) George W. Bush's appointments emphasized ideology over diversity. Newswise. Retrieved August 16, 2011, from http://www.newswise.com/articles/george-w-bushs-court-appointments-emphasized-ideology-over-diversity
Biskupic, J. (2008, March 14). Bush's conservatism to live long in the U.S. courts. USA Today. USATODAY.com. Retrieved August 16, 2011, from http://www.usatoday.com/news/washington/2008-03-13-judges_N.htm
Eggen, D. (2008, October 7). Bush stresses judicial nominations. The Washington post. Washingtonpost.com. Retrieved August 16, 2011, from http://www.washingtonpost.com/wpdyn/content/article/2008/10/06/AR2008100602851.html
Miles, C. (2010). Cases and controversies: George W. Bush's appeals court nominations. Student pulse academic journal. 2.06. Retrieved August 16, 2011, from http://www.studentpulse.com/articles/255/cases-and-controversies-george-w-bushs-appeals-court-nominations
Judicial Appointments
Constitution
Qualifications for the U.S. Senate, U.S. House of epresentatives, & U.S. Presidency and The Equal Protection Clause of the Fourteenth Amendment
Which articles and sections deal with the qualifications that people must have in order to serve as a member of the House of epresentatives, as a Senator, and as President of the United States? How do those respective qualifications differ?
Article One, section 2, clause 2 of the U.S. Constitution stipulates the following qualifications for candidates to the U.S. House of epresentatives: No Person shall be a epresentative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Article One, section 3, clause 3 of the U.S. Constitution stipulates the following qualifications for candidates to the U.S. Senate: No Person shall…...
mlaReferences
"Equal protection." (2008). West's encyclopedia of American law, 2nd ed. The Free Dictionary. Retrieved August 30, 2011, from http://legal-dictionary.thefreedictionary.com/Equal+Protection+Clause
Linder, D. (2011). Levels of scrutiny under the equal protection clause. Exploring constitutional conflict. Retrieved August 30, 2011, from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm
"The United States Constitution"(1787, September 17) .The United States constitution. Retrieved August 30, 2011, from http://constitutionus.com/
"U.S. Constitution: Fourteenth Amendment." (1868, July 9). FindLaw.com. Retrieved August 30, 2011, from http://caselaw.lp.findlaw.com/data/constitution/amendment14/
Judicial Appointments
Communication
ead-Only Participants: A Case for Student Communication in Online Classes
This article by Nagel, Blignaut, and Cronje' (2007) uses a mixed methods approach to investigate how online activity and discussion postings relate to learning and course completion and how student participation influences the learning community. The authors note that as more formal education course become available online, quality and non-completion remain a problem. etention and success rates in such courses and programs are frequently reported as typically lower than those delivered in a traditional classroom format. The purpose of this study was to investigate the importance of online visibility apparent in the quantity and quality of participation how this relates to the successful completion of a postgraduate online course.
Participants in the study were pursuing their Masters degree in an 8-week course on web-based distance learning in a computer integrated education course at the University of Pretoria in South Africa. This…...
mlaReferences
Nagel, L., Blignaut, A.S., & Cronje, J.C. (2009, March). Read-only participants: a case for student communication in online classes. Interactive learning environments, Vol. 17, Issue 1, 37-51. Retrieved August 29, 2011, from http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=be66d5c4-505c-476a-ab68-01aff1f04d53%40sessionmgr114&vid=4&hid=123
Meanwhile Congress was reluctant to challenge Bush (members feared being termed "unpatriotic" since Bush argued that the safety of Americans depended on the secret surveillance done by NSA) immediately, but in the past few months Congress (the House Intelligence and Judiciary Committees) has demanded - and in part received - access to internal documents on the wiretapping program. "That access could ultimately help persuade skeptical lawmakers in the House, which so far has rejected the immunity idea, to sign on to the hite House's Plan" (Lichtblau 2008) according to the New York Times.
Indeed the Senate in January 2008 gave immunity for the phone companies that helped the NSA tap phones secretly, which means Verizon, at&T, et al., cannot be sued for assisting the Bush Administration with its warrantless wiretapping program (there are over 40 lawsuits pending over the phone companies' roles in the wiretapping). So here is a case…...
mlaWorks Cited
American Civil Liberties Union (ACLU). "Safe and Free: Restore our Constitutional Rights."
Retrieved February 7, 2008, at http://www.aclu.org .
Cornell University Law School. "United States Constitution: Article I." Retrieved February 7, 2008 at http://www.law.cornell.edu/constitution/constitution.articlei.html .
Cutler, Leonard. "Human Rights Guarantees, Constitutional Law, and the Military Commissions
The court pointed out that the reason next friend status is observed to occur almost exclusively among prisoner's relatives is because a family member typically decides to step in when the competence of the prisoner is in question. The Court also argued that this case was easily distinguished from Hamdi (2002) because Newman already had a preexisting relationship with Padilla.
The government also argued that the District Court of the Southern District of New York did not have jurisdiction, since the prisoner was currently housed in Charleston, South Carolina (Padilla ex rel. Newman v. Bush, 2002). The Court rejected this argument in addition to making five other decisions: (1) Secretary of Defense umsfeld was the proper respondent to the habeas petition, (2) the Court had jurisdiction over umsfeld, (3) the President is authorized to designate Padilla an enemy combatant (without judging its merits) and therefore detain him for the duration…...
mlaReferences
Allen, Scott, Chaffee, Devon, and Hashemian, Farnoosh. (2007). Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality. Physicians for Human Rights and Human Rights First. Retrieved 18 May 2013 from https://s3.amazonaws.com/PHR_Reports/leave-no-marks.pdf
ACLU (American Civil Liberties Union). (2012). Padilla v. Rumsfeld -- Legal Documents. ACLU.org. Retrieved 20 May 2013 from http://www.aclu.org /national-security/padilla-v-rumsfeld-legal-documents.
Beattie, Michael and Stevens, Lisa Y. (2003). An open debate on United States citizens designated as enemy combatants: Where do we go from here? Maryland Law Review, 62, 975-1027.
CCR (Center for Constitutional Rights). (n.d.). Hamdi v. Rumsfeld (Amicus): Synopsis. CCRJustice.org. Retrieved 18 May 2013 from http://ccrjustice.org/ourcases/past-cases/hamdi-v.-rumsfeld-%28amicus%29 .
Judicial eview
Judiciary -governing and selection
Judiciary: Article eview
One of the most controversial decisions in recent memory of the U.S. Supreme Court was that of Citizens United, which effectively declared corporations 'persons' in terms of their ability to fund political campaigns through political action committees (PACs). According to Thomas B. Edsall's article "Cash and carry" for The New York Times, Citizens United and "a series of related cases, especially SpeechNow.org v. Federal Election Commission, which was decided by the United States Court of Appeals for the District of Columbia Circuit, have not just gutted campaign-finance reform. They have undermined the democratic character of the presidential nomination process by empowering the rich to exert disproportionate control over it" (Edsall 2012). Edsall excoriates the recent Citizens United decision, stating it has fundamentally undermined the democratic process.
In the past, the label of 'activist judges' has usually been wielded by conservatives against justices perceived to be…...
mlaReferences
Edsall, Thomas B. (2012). Cash and carry. The New York Times. Retrieved:
http://campaignstops.blogs.nytimes.com/2012/02/26/cash-and-carry/?ref=supremecourt
Courting Disaster
This study reviews Pat obertson's "Courting disaster: How the Supreme Court is usurping the power of Congress and the people." Pat obertson is the founder and chairperson of the Christian Broadcasting Network, founder of egent University, and The Center for Law and Justice. He and his wife have four children and thirteen grandchildren. They reside in Virginia Beach, Virginia. Using both legal and religious points-of-view, obertson attempts to prove that the current operation of the judicial system is dangerous to both the republican form of government and our individual freedoms. While seeking to strengthen his argument, the author has compiled fascinating facts, quotes, case decisions, and opinions of the Court (Mu-ller-Fahrenholz, 2007).
From this study, it is evident that obertson undertook a political expedition seeking to identify various issues that bedeviled the American society. However, he fails to provide solutions to the identified problems. This is an action conscious book.…...
mlaReferences
Barrett, P., & Smolla, R.A. (2010). A year in the life of the Supreme Court. Durham [u.a.: Duke Univ. Press.
Edwards, L., & Meese, E. (2011). Bringing justice to the people: The story of the freedom-based public interest law movement. Washington, DC: Heritage Books.
Melashenko, E.L., & Smith, D.B. (2009). Rock-solid living in a run-amok world. Hagerstown, MD: Review and Herald Pub. Association.
Mu-ller-Fahrenholz, G. (2007). America's battle for God: A European Christian looks at civil religion. Grand Rapids, Mich. [u.a.: William B. Eerdmans Publ.
Robertson illustrated his point about the dangers of the Supreme Court's power anecdotally, such as when, later in the book he talks about the McCain-Feingold Bill which was designed to restrict campaign finance and reform the ways political campaigns were funded both privately and via government assistance. Although the Republicans in neither the Legislative or Executive branch supported the bill, they agreed to pass it in order to end the debate, believing that the bill would be ruled unconstitutional by the Supreme Court in that it violated first amendment laws, among other things (Robertson 2004,-page 234). hen the voted for or signed the bill as the case may have been, they believed that the court would ultimately overrule the other branches by finding the proposed legislation unconstitutional based on the text of the law itself. The Supreme Court, however, did not agree with this perspective and ruled the law legal.…...
mlaWorks Cited
Appel, J.M. (2009, August 22). Anticipating the incapacitated justice. Huffington Post.
Center for Internet and Society. (2005). Pat Robertson suggests that Muslims shouldn't serve as judges. Stanford University Press: Stanford, CA. Retrieved from http://cyberlaw.stanford.edu/blogs/chander/archives/003105.shtml
Robertson, P. (2004). Courting Disaster: How the Supreme Court is usurping the Power of Congress and the People. Integrity: Brentwood, TN.
Constitutional law is one of the two most important types of law for anyone in the legal field to understand. The United States legal system is derived from a combination of a common law tradition and constitutional law. The common law tradition helps people understand the legal norms that are not expressly outlined in the Constitution or by legislation, while the Constitution places limits and guidelines on the rights and duties that can be governed by the law. This is true with administrative law, which specifically addresses the laws related to various government agencies. This is especially....
Sure! Here are a few essay topics on administrative law:
1. The role of administrative agencies in the modern regulatory state
2. The concept of administrative discretion and its impact on the rule of law
3. The principles of administrative law and their application in practice
4. The delegation of legislative authority to administrative agencies and its implications for democratic governance
5. Judicial review of administrative action and the limits of administrative power
6. The relationship between administrative law and other areas of law, such as constitutional law and criminal law
7. The challenges of administrative law enforcement and compliance in a rapidly changing global environment
8. The....
1. The Evolution of Administrative Law in the Digital Age: Assessing the Impact of Technology on Administrative Procedure and Agency Decision-Making
With the exponential growth of technology, administrative agencies are increasingly using digital tools to carry out their functions. This essay examines the implications of this technological transformation, exploring how it has influenced traditional administrative procedures, the nature of agency decision-making, and the accountability of agencies to the public.
2. The Role of Artificial Intelligence in Administrative Law: Balancing Efficiency with Fairness and Transparency
Artificial intelligence (AI) has emerged as a powerful tool with the potential to streamline and enhance administrative processes. However,....
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