Constitutional Law Sources for your Essay

Evolution of Constitutional Law the


Some impute it to an imprudent zeal in the magistrates of Boston to christianize those heathen before they were civilized and injoyning them the strict observation of their lawes, which, to a people so rude and licentious, hath proved even intolerable, and that the more, for that while the magistrates, for their profit, put the lawes severely in execution against the Indians, the people, on the other side, for lucre and gain, entice and provoke the Indians to the breach thereof, especially to drunkenness, to which those people are so generally addicted that they will strip themselves to their skin to have their fill of rum and brandy." (Dorsey, 1) This primary quote reflects not just the set of factors which helped to instigate conflict but also the low cultural regard in which the natives were held by the colonists

Evolution of Constitutional Law the


Still, most clung to belief in a supreme being Benjamin Franklin addressed as 'powerful Goodness.'" (Hall, p

Evolution of Constitutional Law the


Arms, as the last resource, decide the contest." (Paine, 82) Paine's call to action would also be analyzed for its invocation of a divine right to resist kingship

Evolution of Constitutional Law the


As the text by Sage (2005) points out "the evolution of America's political parties was to a great extent the outgrowth of the British political system, which in an oversimplified analysis, can be said to have been divided into conservatives, who tended to support the monarchy and the power of the King, and liberals, who sought to restrain royal prerogatives and enhance the legitimacy of Parliament as an alternate power source." (Sage, 1) This is a matter of its emergent identity, which echoed so many of the trespasses of the British Crown

Constitutional Law: Real Estate Eminent


Over the last few weeks, the threat of development has earned these 14 acres -- which comprise the nation's largest urban garden -- national and international attention." (Mark, 2006) This property dispute has been ongoing for more than twenty years and has been in and out of court over and again

Constitutional Law: Real Estate Eminent


Saito (2007) states that in August 1997, a council member, Joel Wachs, "declared that he would launch a voter initiative 'requiring an election before any professional sports facility could receive a public subsidy" and Wachs did file this with the city clerk and explained that while he was in support of the arena he was "against public funding and wanted fuller disclosure about the financial dealings of the project."(Saito, 2007) Saito states that the officials in Los Angeles desired to receive the huge capital investment in the downtown area "represented by the Staples project" and help was needed from the city by AEG "in the form of eminent domain to assemble the huge parcel of land required by the Staples Center and the future L

Constitutional Law: Real Estate Eminent


The work of Sanderfur (nd) entitled: "A Natural Rights Perspective on Eminent Domain in California: A Rationale for Meaningful Judicial Scrutiny of 'Public Use' states that the term "eminent domain appears to have been coined by the sixteenth century author Hugo Grotius, although the power itself is much older." (Sanderfur, nd) the work of Boulard entitled: "Eminent Domain- for the Greater Good?" relates that the decision of the U

Constitutional Law: Real Estate Eminent


" Specified in the agreement are the "benefits that the developer will provide to the community in exchange for the community's support or quiet acquiescence, of its proposed development." (Salkin and Lavine, 2008) CBA negotiation generally occurs between "coalitions of community groups that often include labor, environmental and religious organizations

Constitutional Law: Real Estate Eminent


The work of Sanderfur (nd) entitled: "A Natural Rights Perspective on Eminent Domain in California: A Rationale for Meaningful Judicial Scrutiny of 'Public Use' states that the term "eminent domain appears to have been coined by the sixteenth century author Hugo Grotius, although the power itself is much older." (Sanderfur, nd) the work of Boulard entitled: "Eminent Domain- for the Greater Good?" relates that the decision of the U

Constitutional Law: Real Estate Eminent


Saito (2007) states that in August 1997, a council member, Joel Wachs, "declared that he would launch a voter initiative 'requiring an election before any professional sports facility could receive a public subsidy" and Wachs did file this with the city clerk and explained that while he was in support of the arena he was "against public funding and wanted fuller disclosure about the financial dealings of the project."(Saito, 2007) Saito states that the officials in Los Angeles desired to receive the huge capital investment in the downtown area "represented by the Staples project" and help was needed from the city by AEG "in the form of eminent domain to assemble the huge parcel of land required by the Staples Center and the future L

Constitutional Law: Real Estate Eminent


Unified Wins Eminent Domain Claim" reports a win for the Los Angeles Unified School District "in a legal battle with developer Richard Meruelo over the fate of a former rail yard." (Larrubia, 2007) it was fueled by Superior Court Judge Soussan Burguera that "the district had a right to take the 230 acres Glassell Park property from Meruelo through eminent domain

Constitutional Rights Constitutional Law: Is


It should be noted that the right to privacy is not explicitly protected by the Constitution, but is generally accepted to exist implicitly in the penumbra of the Constitution. Another legal protection sought by employees embroiled in email workplace privacy issues is the 4 thAmendment which explicitly provides for "[t]he right of people to be secure in their persons, houses, papers and effects," and protects people "against unreasonable searches and seizures" (Rich, 1994)

Constitutional Law Case Study --


state) authority where a conflict exists or arises, and the so-called "dormant commerce clause" pursuant to which the federal government maintains exclusive authority to regulate interstate commerce (Edwards, Wattenberg, & Lineberry, 2007) Under certain factual situations, such a statute might survive a constitutional challenge, but to do so, the State of Confusion would have to establish that the legislative requirement satisfies the traditional criteria used to determine the appropriateness of state statutes that burden interstate commerce and to distinguish justifiable state mandates from those that are unjustifiable pursuant to those criteria (Edwards, Wattenberg, & Lineberry, 2007). Jurisdiction, Venue, and Civil Procedure Because the case involves a federal question involving (in the statute's effect) the regulation of interstate commerce, the case would have to filed in a federal court with jurisdiction to entertain federal questions (Dershowitz, 2002; Friedman, 2005)

Constitutional Law Case Study --


e. state) authority where a conflict exists or arises, and the so-called "dormant commerce clause" pursuant to which the federal government maintains exclusive authority to regulate interstate commerce (Edwards

Constitutional Law Case Study --


For example, those same state goals or purposes are fully capable of being achieved through less discriminatory means than those imposed by the Confusion state statute, such as by imposing objective standards for the quality and safety of trailer hitches that would enable the same goals to be satisfied by any trailer hitch satisfying those criteria (Dershowitz, 2002; Friedman, 2005). However, its likely that even that approach would fail to cure the problem with the statute unless the State of Confusion could establish to the satisfaction of the court that existing federal trailer hitch (and related) minimum safety requirements are inadequate to ensure the safety of intestate commerce (Friedman, 2005)

Death Penalty in the Constitutional Law


This argument is reaffirmed by Anthony Amsterdam, "although less than 40% of Georgia homicide cases involve white victims, in 87% of the cases in which a death sentence is imposed, the victim is white. White-victim cases are almost eleven times more likely to produce a death sentence than are black-victim cases (Amsterdam, 1988)" (McAdams, 1998, p

Death Penalty in the Constitutional Law


In exploring this claim, the author loses the neutrality in writing style and his work is deemed slightly biased in nature. During this process of conveying information to the reader, Professor White focuses more on proving his thesis that is, 'death penalty is still arbitrary' (Berger, 1987, p

Death Penalty in the Constitutional Law


Kemp. In this case, death penalty's imposition in Georgia was challenged on the grounds of a comprehensive study conducted by 'Professor David Baldus and his colleagues at The State University of Iowa' (Bienen, 1988, p

Death Penalty in the Constitutional Law


This reaffirmed in by Bowers and Pierce and Ziesel's study, "The data reflect a twofold departure from even-handed justice which is consistent with a single underlying racist tenet: that white lives are worth more than black lives. From this tenet it follows that death as punishment is more appropriate for the killers of whites than for the killers of blacks and more appropriate for black than for white killers" (Bowers & Pierce, 1980, p

Death Penalty in the Constitutional Law


According to the Section 1 of Virginia Bill of Rights, "That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety." (Centre, 2007) Furthermore, where United States is a land of opportunity it is also a land of justice