However, today, some people feel that so-called conservative 'strict constructionists' are actually taking a more radical interventionist approach than they would care to admit. Regarding the Court's ruling in Citizens United, one law professor wrote: "the Supreme Court's 5-4 decision holding that corporations and unions can spend unlimited amounts of money in election campaigns is a stunning example of judicial activism by its five most conservative justices" (Chemerinsky 2010)
informal methods of change. The 'strict construction' view of the Constitution has traditionally been aligned with conservatives such as Robert Bork who argue that "a judge interpreting the Constitution" should only consider "the words used in the Constitution [as] would have been understood at the time [of enactment]" (Linder, citing Posner, "Theories")
(Chemerinsky 2010). Citizens United has had similarly sweeping effects, "Let's start with the obvious: Citizens United helped unleash unprecedented amounts of outside spending in the 2010 and 2012 election cycles," thus making corporations more influential in the political system and making it more expensive to run for Congress in general (Mayersohn, "Four years after Citizen's United")
Most people want the death penalty for Tsarnaev. Kuby continued, "The defense team very quickly made a really wise choice in recognizing the only thing possible to do for their client is to save his life, presuming he wants his life to be saved" (Donaghue)
Because of Mr. Gideon, the Supreme Court justices declared that criminal defendants have a right to legal aid (Gest)
Another example of the way the law is not applied fairly is with respect to race. Research shows that whites and blacks have had different historical experiences within the criminal justice system (Staples)
As stated in an article for Nation: "Drugs are intensively criminalized among the poor but largely unregulated among the rich. The pot, coke and ecstasy that enliven college dorms, soothe the middle-class time bind and ignite the octane of capitalism on Wall Street are unimpeded by the street sweep, the prison cell, and the parole-mandated urine tests that are routine in poor neighborhoods" (Western 13)
All of these are examples of constitutional violations, critics contend, given that Americans are given the right to free speech under the First Amendment, the right to be free of unreasonable searches and seizures under the Fourth Amendment, and the right to confront their accusers under the Fifth Amendment. As well as to conduct surveillance of a suspect's home, under the Act the government acquired sweeping powers to acquire personal data from "car rental companies, casinos, Internet hosts like Google, social networking sites like Facebook, and most likely cafes and businesses that offer Wi-Fi access to their customers" (Rose 2011)
Testing of the substance proved it to be cocaine. The final issue surrounding the search is the issue of school searches and whether or not students have the right to expect privacy or whether schools are acting as the student's parents during school hours, therefore allowed to search without reasonable cause (Czubaj, 1995)
As Kirk Buckman explains, " human agency impacts the social world only through concrete political, social and economic structures" (28). Divided government can be defined as "gridlock, deadlock or stalemate" (Buckman
In the meetings of the great councils, the monarchs sought advice, exchanged information, and gathered petitions. (Kishlansky)
This was followed by a second period, from1800 to date when the parliament became more democratic by adopting universal suffrage, and establishing the supremacy of the House of Commons over the House of Lords. (Belanger)
"Anything that has never been done before is literally unprecedented, which means it lacks any precedent. So the question is, will the Supreme Court want to authorize this new extension of congressional power in light of the fact that it violates the first principles it affirmed in Lopez and Morrison?" (Barnett, 2009)
So the question is, will the Supreme Court want to authorize this new extension of congressional power in light of the fact that it violates the first principles it affirmed in Lopez and Morrison?" (Barnett, 2009). It is also argued that the insurance mandate is not constitutional since the government does not have the right to tell the United States citizens what products to purchase, even when these products are beneficial for them, and even less when the socio-economic impact of purchasing the respective items is questionable (Savage, 2009)
Rather than accept either of these alternatives, Freeman brought suit under Florida's Religious Freedom Restoration Act (RFRA). Following a three-day trial that was publicized on "Court TV," Judge Janet Thorpe rejected her request in June 2003 (Kahn, 2007)
Trap and trace devices capture the numbers which identify incoming calls.) (Dempsey, 2003) Pen/Trap Orders Now Apply to Both Wire and wireless, and internet Electronic Communications
Under FISA, "the government needn't show probable cause that a crime has occurred; FISA surveillance orders are valid for 90 days as opposed to 30 days for ordinary search warrants; the target of surveillance is never advised of this surveillance; and the application itself and supporting affidavits are filed under seal so that neither the target nor his attorney can ever see the allegations against him." (Lithwick, 2003) While the FISA act was seen as an erosion of the fourth amendment, there was still in place a measure of judicial oversight
Under FISA, "the government needn't show probable cause that a crime has occurred; FISA surveillance orders are valid for 90 days as opposed to 30 days for ordinary search warrants; the target of surveillance is never advised of this surveillance; and the application itself and supporting affidavits are filed under seal so that neither the target nor his attorney can ever see the allegations against him." (Lithwick, 2003) While the FISA act was seen as an erosion of the fourth amendment, there was still in place a measure of judicial oversight
This argument, therefore, rests not on the absence of an individualized hearing to determine whether an alien should be detained, but on the fact that section 412 authorizes certification and detention of aliens who meet neither justification for detention. (Sinnar, 2003) Conclusion The Patriot Act of 2001 undoubtedly faces numerous legal challenges in the upcoming months and years
They could have simply refused to take the case and let the decisions of the lower courts stand, in which case no one would have remembered Dred Scott at all. Instead, "the Southern justices -- a majority on the Court -- boldly decided to use the case as a vehicle to constitutionalize the position of the slave states on the issue of slavery in the territories" (Maltz 1)