Article Review Constitutional Law - 1368 Words

Amanda Quinn Constitutional Law Final July 31, 2015 Constitutional Law – Essay Assignment The hypotheticals set forth here cover a variety of constitutional issues, ranging from the rights of U.S. citizens to executive privilege to separation of powers. These cases can be considered in the context of previous Supreme Court cases and the content of the Constitution itself. The first case the Court must tackle is the case of Holmes, the President of the Anarchy Party in Catonsville, Maryland. President Obama has ordered that Maryland turn Holmes over to federal custody where he will be prosecuted as a terrorist. The central component of this case is Maryland’s refusal to turn Holmes over to federal custody. The U.S. has sued Maryland in federal court. The question the Court must answer is whether the U.S. government can sue a state in federal court and if this is a violation of sovereign immunity. States are protected from lawsuit under the 11th Amendment, â€Å"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.† In Alden v. Maine, the court found that â€Å"sovereign immunity derives not from the Eleventh Amendment but from the federal structure of the original Constitution itself† (Alden v. Maine, 1999). Furthermore, the Court found that sovereign immunity could only be abrogated when a suitShow MoreRelatedJudicial Review And The Indian Courts1444 Words   |  6 PagesPolitical Science Essay Monsoon Semester 2014 Submitted by- Pradyumna Soni 214048 JUDICIAL REVIEW AND THE INDIAN COURTS Introduction Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution. TheRead MoreThe Constitutional Court Of The Constitution781 Words   |  4 PagesWith the creation of the Constitutional Court in the Constitution of 1991 of Colombia, this became the highest court of constitutionality. In practice this meant that from that moment the constitutional jurisdiction is special. The Constitutional Court as a Constitutional Court has competence know of actions of unconstitutionality of the legal norms that have the material force of law and at the same time, the power to review the actions of tutela. Guardianship actions stand by violation of theRead MoreEuropean Community Law Enacted Into Domestic Law1506 Words   |  7 Pagesthis introduced the European Community law enacted into domestic law. On the 1st January 1973, the United Kingdom joined the European communities, along with other European nations, and this embarked on the nations becoming the European Union. On the 23th June 2016, the European Union Referendum Act 2015 took place questioning as to whether the United Kingdom should leave the European Union, and thus, the people voted in agreement to leave. This triggered Article 50 of the Treaty on European Union,Read MoreHello1750 Words   |  7 Pagestax rates in the colonies in response to a request from Parliament The skirmish between British soldiers and Massachusetts minutemen at Lexington in 1775 catalyzed what important meeting? a. The Second Continental Congress b. The Constitutional Convention c. The First Continental Congress d. The New England Confederation e. The Washington Convention What was the main purpose of the â€Å"committees of correspondence†? a. To plan secret attacks on British soldiers b. To organizeRead MoreRole And Functions Essay875 Words   |  4 Pagesï » ¿ Role and Functions of Law Chip Smith ETH/321 March 16, 2015 Tonia Cutchin Role and Functions of Law Within this writing assignment I intend to discuss the roles of law and courts in todays business environment, differentiate the federal court structure with your states court structure, discuss the concept of judicial review, and explain how laws or regulations affect my present industry. The role and function of law and the court system in today’s business environment is that of a mediatorRead MoreThe Case Of Marbury V. Madison1635 Words   |  7 Pagesof the government and protect the rights American citizens. This proved true in the case of Marbury v. Madison (1803), when the Supreme Court of the United States established its power of judicial review when it declared that Section 13 of the Judiciary Act of 1789 was unconstitutional according to Article III of the Constitution. Considering this, the Supreme Court’s decision to uphold an interpretation of the Constitution that aligns with the beliefs of the Constitution’s ratifiers, demonstratesRead MoreThe Federal Common Law Interpretation1216 Words   |  5 Pagesbut with a shrinking amount of limited sovereignty. Some claim this is the federal common law interpretation’s failure and that a constitutional approach is necessary to solve the problems with tribal jurisdiction. These argum ents hope that clarity and defined parameters of jurisdiction will establish a new concrete definition of tribal jurisdiction. Other sources just propose to continue to follow the common law understanding of tribal jurisdiction with an understanding that tribes have inherent authorityRead MoreThe Death Penalty : Costly, Counterproductive, And Corrupting1678 Words   |  7 Pagesanswer to crime: costly, counterproductive and corrupting; 35 Santa Clara Law Review 1211 (1995) Summary paragraph: In Stephen Bright’s article, â€Å"The Death Penalty as the Answer to Crime: Costly, Counterproductive, and Corrupting† Bright asserts that capital punishment does not work because it is racially biased, the quality of the lawyers and attorneys supplied by the state to poor defendants is unfair, and that the law system currently in place does not accomplish its true goals. Bright defendsRead MorePower Of The State Organs Essay1739 Words   |  7 Pageslegislative assemblies} in the country to make laws in their respective jurisdictions. However, this power is not absolute but is subject to judicial review. Power of judicial review makes Supreme Court guardian of not only fundamental rights but the constitution itself. However, at the time of enactment of the constitution, the Supreme Court derived its power to review the acts via article 13, article 226 and article 245 mainly. Article 13 declares that any law which contravenes any of the provisions ofRead MoreApplicati on of the Analytical School of Justice1805 Words   |  7 PagesINDIAN CONSTITUTIONAL LAW: APPLICATION OF ANALYTICAL SCHOOL John Austin is the inspiration of the Analytical School, which in turn drew his inspiration from Hobbes, and Bentham. According to Austin law is a command given by a superior to an inferior and enforced by material sanctions. Positive law is a creation of sovereign. It emphasizes that the sovereign is a superior and commands of the sovereign is law, and disobedience of commands is accompanied by punishment. Law is the expression of