Explore BrainMass

Explore BrainMass

    Constitutional Law

    Some countries stand by a single document constitution, some a selection of uncodified jus commune (‘common law’ or ‘law of the land’) but almost all have some body of law outlining the powers and duties of the government alongside the rights and responsibilities of its citizens. This is constitutional law.

    Since Ancient Rome and Greece, democracies have operated on a trias politica - or ‘separation of powers’ - principle splitting a government’s power equally into three branches in order to guard against an authoritarian system wherein a sole individual or oligarchy may hold all these powers, proving a serious threat if corrupted. As constitutional law derives methods and parameters for administration from a constitution, codified or not, it must deal significantly with relations between these three branches of government, namely the legislative, judiciary and executive branches. Their relation might seem simple, with the first drawing up laws, the second interpreting them and the final implementing them out, but there are many subtle and complex details in communication and cooperation, not to mention these rules’ applications to civil law, which require years of dedicated study from constitutional lawyers.

    © BrainMass Inc. brainmass.com November 30, 2021, 10:15 pm ad1c9bdddf


    BrainMass Categories within Constitutional Law

    Charter Law

    Solutions: 1

    Found in both private and public corporations, charters are documents detailing an organisation or group's rights, privileges and purposes, agreed upon by the relevant authority. Charter law pertains to the establishing and maintaining of such documents.

    BrainMass Solutions Available for Instant Download

    Takings Clause

    Integral to this course and to understanding the decisions of the Supreme Court will be the ability to read, understand, brief, and discuss the cases of the Supreme Court of the United States (SCOTUS). The following information, "How to Read Case Law," discusses how to master these tasks. This information may be referenced and u

    Shaw v. Reno

    Explain how Baker v. Carr and Shaw v. Reno, which are viewed as landmarks in establishing a cause of action under the Fourteenth Amendment, are analogous. With what objections from dissenters did Justices Brennan and O'Connor have to contend in their respective majority opinions? Should be at least 200 words in length. All s

    Burwell v Hobby Lobby Stores

    Please read this post and give me your suggestions and opinions on the topic/content of this post. Oral Argument

    The US Constitution and its Philosophical Framework

    Compare three similar provisions in the U.S. Constitution and the Articles of Confederation. Discuss how these provisions have served to make the federal government more or less responsive to the needs of the people. Outline the major philosophical themes of the U.S. Constitution and the Articles of Confederation. Use specifi

    Constitutional Scenario

    Assume a law enforcement officer, Pete, has probable cause to arrest Stan for armed assault, and Pete also has probable cause to believe that Stan is hiding in a third person (Wendy's) garage, which is attached to Wendy's house. Pete saw Stan commit a felony crime but did not see Stan enter the garage and cannot see Stan in the

    Due Processing as Outlined in the U.S. Constitution Amendments

    You need to analyse the impact of the 4th, 5th, 6th, 8th, and the 14th Amendments to the U.S. Constitution in processing offenders through the criminal justice system. Explain the concept of due process as applied to the U.S. Constitution. Include the following: - What due process rights are contained in the U.S. Constitutio

    American Legal Law System

    Discuss the origins and characteristics of the law and legal system of the US as well as the function and fields of the system of the law of the US through the jurisprudence of American federal and state courts and constitutions and legal codes of the republic and its constitutive states. Finally, discuss how it all comes togeth

    Trial system and religious-based schools

    1. If we move detainees to the United States from Cuba how does the ability to use the trial system change? (200 Words) 2. What is your opinion on state and federal financial aid to parochial and religious-based schools and universities? (200 Words) 3. What are the competing issues in the conflict between the establishment

    Rights of citizens versus non-citizen detainees

    1. What are your views on the current rights of citizen versus non-citizen detainees? Should non-citizen detainees have constitutional or any other rights? Why, or why not? Discuss specific case examples and recent events that support your assertions. - 200 Words 2. Both Justice Brennan's plurality opinion in Frontiero v. Ric

    Griswold vs. Connecticut and Gonzales vs. Carhart

    1. Consider Justice Black's dissent in Griswold v. Connecticut. Is it consistent with his views in Adamson v. California (see Chapter 9)? Katz v. United States (see Chapter 10)? Discuss (200 Words or more) 2. In Gonzales v. Carhart, Justice Kennedy insists that the Court remains faithful to Planned Parenthood of Southeastern

    Methodologies and Exclusionary Rules in the Legal Environment

    1) In Duncan v. Louisiana (1968), the majority opinion of Justice White, the concurring opinion of Justice Black, and the dissenting opinion of Justice Harlan represent three distinct methodologies for deciding which provisions of the Bill of Rights are to be applied to the states via the Fourteenth Amendment. Identify and expla

    Evolution of Takings Clause

    I need help in discussing the evolution of the takings clause using detailed and thorough discussion of relevant and important case law. I need a minimum of three cases to support my essay.

    Case Briefs In Your Own Words

    Prepare briefs in your own words for the following cases: 1) Slaughterhouse cases 2) Lochner v. New York 3) Nebbia v. New York 4) Ferguson v. Skrupa After each brief, concisely discuss the importance of each case and the evolution of the case law over the 90-year span of these decisions. Within your discussion, include

    Commerce clause and spending clause

    1. Has the Court's use of the commerce clause to pass legislation gotten out of control? Are there any limits to what Congress can do under the commerce clause? Are there any cases that are not legitimately commerce clause cases? What are a few cases that are landmark commerce clause decisions that vividly demonstrate the ingenu

    Death penalty in two different opinions

    I am having trouble with Justice Potter Stewarts argument and Earnest Van Der Haag's conclusions about the death penalty. These two are in debate over this particular subject but I cannot seem to decide who provides the best argument and why? If possible provide examples of each arguments weakness and strengths. Please 350+ w

    Approaches to the Constitutional interpretation

    Answer the following with 200 words or more based on the Four Approaches to the Constitutional Interpretation listed below: 1.) Clear Meaning, 2.) Adaptation 3.) Original Intent 4.) Structuralism a. Which approach best characterizes Justice Stevens' opinion of the Court in U.S. Term Limits, Inc. v. Thornton (1995)? Explain.

    Jurisdictional Requirements for Filing Lawsuits

    Please write 200 words or more and use APA style for any references. 1. What are the jurisdictional requirements for filing lawsuits in federal and state courts? 2. List and define several approaches to constitutional interpretation. Discuss the pros and cons of the Supreme Court being the chief, if not the only, expositor

    Law: Public Trust

    Choose a public administration case where an official violated his or her public trust. (President Bill Clinton) What was the apparent cause of the violation of trust by the public official? How was the breach of trust discovered? Describe the various legal means used to hold the administrative agency accountable. How suffi

    Discussing Administrative Rulemaking

    You are part of a public administrative team for the Texas MD Anderson Cancer Center in Houston, Texas Los . Your manager has organized your team to develop a guide to help him or her understand the regulations, rulemaking, and administrative agencies the school is subject to. - List the regulations and the respective adminis

    Critical Thinking and Application Problems

    Dr. Ima Dangerous works for a Florida county clinic that provides medical services to those who cannot afford private medical care and who are uninsured. On June 1, Ima was indicted in Georgia for murder. The indictment alleges that he intentionally killed two people who were his patients when he worked in Big Hospital in Atlant

    Delegation Hypothetical - Administrative Law

    Delegation Hypothetical Scenario: You are a legislative aide to a state legislator who wishes to introduce legislation creating a new state department of drug enforcement. It is intended that, among other authorities, this new administrative agency will have authority to establish a list of controlled drugs, establish rules r

    The Federalist Representative Form of Government

    Please help me with this project: Imagine that you are speaking to one of the U.S.A.'s founding fathers and he wants to speak to you about the current federalist form of government. In the dialogue, you should discuss the following topics with the founding father: Explain the roles of the various branches of government

    Florida State Legislature, Judicial Opinions, Regulations & Constitution

    1) Identify and summarize one published judicial opinion in Florida. This must be a published case. Decide in either a state appellate or state supreme court. Please provide a hyperlink/Internet address to the case. 2) Identify and summarize one statue enacted by that (Florida) state legislature. Please provide a hyperlink/Inte

    Constitutional Law: Fog Lights

    Why would a state law that requires all trucks on its highways to be equipped with a special type of fog light be unconstitutional?

    Rationale For Separate But Equal Doctrine

    Discuss whether or not there is any rationale for a separate but equal doctrine. Is there any part of society in which such a doctrine could be fairly implemented. Explain and give examples.

    Religion and the Constitution

    Discuss the concept of establishment of religion and the relevancy of Zorach v. Clauson, 343 U.S. 306 (1952); Mueller v. Allen, 464 U.S. 388 (1983); and Rosenberger v. University of Virginia, 515 U.S.