The Constitutionality of the Stop and Frisk The Fourth Amendment of the United States Constitution guards against unreasonable searches and seizures. It also states that no warrants shall be issued without a probable cause. Modern jurisprudence has afforded police officers an incentive to respect the amendment. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothes for weapons if the officer has a reasonable suspicion that a crime has or is
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Constitutionality of the Death Penalty Case Law and Prosecution There has been much controversy concerning the death penalty both within society and the judicial system. Courts throughout the nation have waivered back and forth on the subject. Several times in various states the death penalty has been abolished‚ re-instated‚ and vice-versa. From 1976 to present day the death penalty has been in effect federally‚ but that does not mean that the law will remain in place for good. There are
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Foster Zinn Team History 4/4/2013 The Constitutionality of Yates v. United States The case Yates v. United States was asking if the Smith Act was a violation of the First Amendment. Fourteen leaders of the Communist Party were sent to court for violating the Smith act. Yates argued that he was protected by the First Amendment. The Smith act was made to set criminal penalties for planning the overthrow of the government. The dissent was Yates had the protection of the First Amendment. The outcome
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Constitutionality of an Obesity Mitigation Fee At issue is whether the potential bill containing an “obesity mitigation fee” on food producers whose revenue from the sale of unhealthy foods exceeding 20% of total revenue violates Congress’s taxing and spending powers. Article I Section 8 gives Congress the “power to lay and collect taxes.” The taxing power may be used to tax activities that it does not have power to regulate under its other powers. Furthermore‚ the constitution contains
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the influence of illegal drugs can be subject to attack on its constitutionality on grounds of its possible violation of a person’s right to privacy. As the Supreme Court held in the case of Social Justice Society versus Dangerous Drugs Board and Philippine Drug Enforcement Agency (PDEA)‚ mandatory drug testing‚ to be constitutional‚ must adhere to the principles of “randomness” and “suspicionless”. A discussion of its constitutionality‚ as well as their respective moral/logical justification‚ will
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Republicans due to the four factors of Political Ideology‚ Domestic Policies‚ Constitutionality and Foreign Affairs. Political Ideology as the two disputing factions‚ the Federalists and Republicans fought profusely over the passing of these acts‚ one side in support‚ and the other against. Then Domestic Policies as these acts tried to restrict immigration laws that brought the Republican Party in an uproar. Constitutionality as many questioned the validity of the Constitution as the Sedition act placed
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1982. Many argued that both decisions were unconstitutional and violated the rights of women. The controversy of abortion has lasted till today‚ due to the Roe V. Wade case‚ the Pennsylvania Abortion Control Act of 1982‚ and the argument of the constitutionality of both decisions. During the 1960’s a sexual revolution took place‚ but as time progressed‚ the consequences of this revolution became evident. By this time‚ abortions performed in a doctor’s office
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the power to perform judicial review (“Judicial Review”‚ n.d.). With the power of judicial review‚ the United States Supreme Court is now permitted to review laws from the legislature and executive orders from the President to determine their constitutionality. In this case‚ William Marbury was appointed by President Adams to serve as a Justice of the Peace (History.com staff‚ 2009). However‚ Secretary of State James Madison chose to not send in his commission at all (History.com staff‚ 2009). Because
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invention. Prior to the early 1800s‚ no country in the world gave its judicial branch such authority. Part II: Judicial review in the United States Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty‚ or to review an administrative regulation for consistency with either a statute‚ a treaty‚ or the constitution itself. At the federal level‚ there is no power of judicial review explicitly established in the
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laws‚ according to Joel D. Berg article “The Troubled Constitutionality of Antigang Loitering Laws” dates all the way back to 1349 English vagrancy laws that restricted the rights of individuals that were unemployed and owned no land (1993:462). Once settlers immigrated to the United States vagrancy laws followed them‚ but the vagrancy laws evolved as a tool to fight crime (1993:463-464). Loitering laws have been fought for their constitutionality before‚ under the case Papachristou v. City of Jacksonville
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