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Free Constitutionality Essays and Papers

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    Leadership and Constitutionality In Times of War In times of crisis, nations look to leaders who will protect them from the dangers they fear. The United States has seen multiple wars and lived them out under multiple leaders, each of which had varying policies for protecting the American citizens from enemies, both foreign and domestic. Today we find ourselves asking how our present leader will protect the American citizens from outside terrorists, and wondering how previous leaders would react

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    Judicial review is the power of the Supreme Court to review, and if needed, determine if the actions of the legislative and executive branches are unconstitutional. This power is important for the judicial branch in keeping the balance among the three branches of government and keeping the executive and legislative branches in check. The power of judicial was not described directly in the Constitution but it has been implied and since this power is not clearly outlined, it has been subject to change

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    The Death Penalty is Effective

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    uniformly. Two additional cases brought before the Supreme Court this year (Jurek v. Texas) and ( Proffit v. Florida) upheld the original ruling, that the death penalty is Constitutional. All of these court rulings deal with only the legality and constitutionality on Capital Punishment. However, there are many more fractions to be examined to truly evaluate the effectiveness of the death penalty. The question of morality enters into the equation. Is state sanctioned Capital Punishment moral? Deterrence

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    The Case for Torture

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    be diffused in time to prevent an entire office block to collapse, bringing with it a thousand or more lives? Should the constitution then continue to protect the terrorist against such torture? The author said that millions of lives outweigh constitutionality. Surely it is not justiable for a constitution to uphold the rights of a terrorist, but at the expense of the thousands that, too, holds the right to live never asked to be placed in such danger. Again, the moral of one's action must be reviewed

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    Affermative Action

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    However, Affirmative action is highly controversial. Right now Proposition 209, in California which bans all programs involving race and sex preferences run by the state, has passed but it will not be put into total action due to some questions of constitutionality (Ayres 34). The law will start slowly first, ending Affirmative Action in the schools of California, leading up to the abolishment of Affirmative Action all together. An argument was declared by Mark Rosenbaum of the Southern California Branch

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    Proposal of Originalism

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    Originalism argues that the meaning of the Constitution was fixed at the time it was put in print. Therefore, in applying any question in regard to the constitution, the correct course of action is to determine the meaning at the time it was written and apply it to the current issue. People who are proponents of originalism believe that the purpose of having a written constitution is “to memorialize and entrench certain fundamental rights so that they can prevail in moments of passion when a crazed

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    Title

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    Scholarship Program (“OSP”) should be struck down as violative of the Art. V, § 2(1) (the “public purposes clause”) and Art. IX, § 2(1) (the “equal opportunities clause”) of the North Carolina Constitution. While those challenging the law’s constitutionality make persuasive arguments, it is this court’s duty to defer to the judgment of the General Assembly when examining all but the most clear contradictions with our constitution. For this reason, the trial court’s granting of permanent injunction

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    and 21 of the Constitution. Article 14, of the same,guarantees equality before law and equal protection of laws. Further, article 15 prescribes that no law can discriminate only on the grounds of sex, caste, etc. Article 21 bestows upon the citizens the fundamental right of life and personal liberty. It has been well established that the Constitution is the most supreme document and is above all laws and persons. Thus any personal law which discriminates against women would, by its very nature, be

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    dignity, and morality, and serve the country when such service is demanded. An American citizen’s central responsibility to the nation is to abide by, support, and defend the Constitution. Specifically, citizens are responsible for upholding the Constitutionality of laws, policies, and the actions of those in positions of power, along with acting within the

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    The Power of an Unelected Judge It is my belief that an unelected judge should have power over decisions regarding the creation and altercation of laws. The issue of whether or not a judge should be a part of the law making process can arise from dialogue theory. Judges have the power to interpret the Charter of Rights and Freedoms when imposing a new law or ruling down on a case. Dialogue theory claims that if a judge uses their own judgement to make rulings it could lead to overlooking long time

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