Article III, Section 1 of the U.S constitution created the Court. Section 1 of Article III states: “The judicial Power of the United States shall be vested in one
Continued Controversy Over The Eighth Amendment[ send me this term paper ] | 5 pages in length. Protecting the rights inherent to every United States citizen is the foundation upon which the nation's Constitution was originally drafted; without this historic document and its subsequent amendments, the founding fathers realized the potential for America becoming a land held hostage by power, greed and injustice. Interestingly, this seems all too often to be the case even with the legally binding…
Words 2392 - Pages 10
Courts and Law The United States legal system developed from the English common law system. Some concepts from Spanish law, such as the prior appropriation doctrine and community property, still continue in some U.S. states, mainly those that were part of the Mexican Cession in 1848. Under the doctrine of federalism, each state has its own separate court system, and the ability to legislate within areas not reserved to the federal government. Federal Special Courts – There are a few special…
Words 560 - Pages 3
the death of Supreme Court Justice, Antonin Scalia. Scalia died in his sleep while he was on a hunting trip in Texas at age 79. The controversy of his death is arranged around the fact the Scalia is one of the five conservative justices on the supreme court. Due to his death, there are now only four conservative justices, which is equal to the amount of liberal justices. Republicans, are worried the democratic president Barack Obama will chose another liberal, leading a supreme court with a liberal…
Words 262 - Pages 2
Same-sex Marriage Should the Supreme Court revoke California’s prop 8? This is the ongoing debate our generation will have to address. California has been in the epicenters of this debate; as we witnessed voters oppose gay marriage in the elections of 2008. In 2008, California’s Supreme Court ruled in favor of a right to same-sex marriage. Months after the ruling, a majority of the electorate overturned that decision in a statewide ballot initiative. In Justice, Sandel shares his opinion on…
Words 839 - Pages 4
Roe v. Wade is arguably the Supreme Court’s most controversial ruling, stirring up countless discussions as to whether or not the U.S. Constitution embraces a woman's right to terminate her pregnancy by abortion, and these arguments reached their pinnacle after this case. When talking about abortions, a debate is nearly always brought back to one’s interpretation of the Due Process Clause, and what, if any, Substantive Due Process rights are stemmed from this section of the 14th amendment. Throughout…
Words 1244 - Pages 5
first case to actually test the Fourteenth Amendment was Plessy vs. Ferguson which occurred in 1896. The Supreme Court declared segregation was acceptable as long as the facilities were equal. This decision of “separate but equal” led to the created of the Jim Crow Laws which made everything from bathrooms to restaurants, and even schools segregated in the south. There have been many controversies over the Fourteenth Amendment such as: the University of California v. Bakke in 1978, Brown v. Board of…
Words 299 - Pages 2
authority of a court to review a prior decision in the same case but made by another court Original jurisdiction – the authority of a court to hear and decide a dispute in the first instance Trial courts Supreme court of the US is in some instances an original jurisdiction court Treaties is an example of when supreme court Personal jurisdiction – inpersonam jurisdiction – means court passes jurisdiction over to the persons handling the business Bankruptcy can only go to a bankruptcy courts Long arm statutes…
Words 1207 - Pages 5
Patrick Brandt Constitutional Basis for Courts • Constitution only creates the Supreme Court – others were established by Congress shortly after. • Congress can create “inferior” courts as it sees fit. Examples: District and Appeals courts, Bankruptcy Court, etc. • Courts are a primary example of federalism: courts exist at both levels and enforce the same laws of the nation (state and federal), and the laws of states (state courts). • Courts stand in a pyramid structure at the state…
Words 2527 - Pages 11
farming and on the community. Many believe that Genetically Modified Organisms (GMO) cause harm and should not be something that Scientist should be tempering with. Some of these problems have even made it to the Supreme Court. The Supreme Court have all gone in favor of Monsanto. Just like the Court Case of Schmeiser. Keywords: Genetically Modified Organisms, roundup, Monsanto The Impact That…
Words 1339 - Pages 6
York V Connecticut New York V Connecticut, 4 U.S 1 (1799) was a lawsuit heard by the s\Supreme Court of the United States between the Sate of New York against the State of Connecticut in 1799 that arose from a land dispute between private parties. However, it was the first case in which the Supreme Court exercised its original jurisdiction under Article III of the United States constitution to hear controversies between two States. The Connecticut Gore ‘region was a strip of land on New York’s western…
Words 525 - Pages 3