...Constitution and Systems of the State Paper 2Texas Constitution vs. U.S. Constitution the Constitution was created by the founding fathers for two purposes. The Constitution is to establish a federal government for the United States and to delegate limited powers to the federal government. Serving as basic principles of government for the nation, the Constitution implies laws, customs and institutions within one single document. The U.S. Constitution was completed on September 17, 1789 (University of Texas Austin, 2009). A simple way to describe the Constitution is to recognize it as the states being the boss of the federal government. Just as manager is hired to oversee and ensure that the rules and regulations of a company or business are followed, the responsibility of the Constitution is the same. Many states have individual Constitutions that mirror the U.S. Constitution. The Texas Constitution is very similar to that of the United States by establishing the basic laws under that of which its citizens are administered. The Constitution used today was first adopted in 1876. The Constitution has been amended 439 times and consists of 17 amendments. A closer view of the Texas Constitution reveals the main articles of the state. In additional, the relationship between the U.S. Constitution and the state of Texas Constitution is compared. Next is an analysis of services the judicial, education and social systems provide. Finally, an analysis of the system effectiveness is made...
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...Role of the United States Constitution Paper Thomas Hofmeister University Of Phoenix BUS 415 David Cory June 9, 2009 Role of the United States Constitution Paper The Constitution of the United States and their legal system has impacted the guidance and operation of all types of businesses. For example, if an individual breaks the law, he or she maybe ordered to pay a fine and in some cases be imprisoned. The same thing happens if a business breaks the law. The only difference between an individual breaking the law and a business breaking the law is the company can also be taken over by the federal government for tax evasion and even be closed down. The company has the responsibility to hire legalized employess to be able to work for the. According to (Justia, 2005), “The United States Constitution and the United States legal system play a significant role in business regulation. The laws under these elements provide successful operations of business and society. They provide a standards and expectations while giving us a guideline for our business conduct and a means for settling disputes within corporations. In addition it enhances free competition and personal freedom. Without these laws that govern businesses and people, society would not function efficiently and commerce would likely disintegrate. Although the laws appear to be simple, the United States Legal system is incredibly intricate. The laws are a collection of different types. It can include common law...
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... Gillooly 03/06/2015 The Significance of the Federalist Papers The Federalist Papers, is a compilation of 85 articles, advocating the ratification of the proposed Constitution of the United States. These series of articles were published by Alexander Hamilton, James Madison, and John Jay between October 1787 and May 1788. The overall intention of the Federalist Papers was to explain the advantages of the proposed Constitution over the prevailing Articles of Confederation. The Federalist Papers impacted the ratification of the Constitution by making some of their most important objections, including the significance of having a Constitution, acknowledging to the disagreements made by the Antifederalists, and defending conflicting arguments made against the attributes of the executive and judicial branch as specified in the proposed Constitution. Before the ratification of the Constitution, the central government under the Articles of Confederations was very weak and in jeopardy of falling apart. Alexander Hamilton, James Madison, and John Jay, who were Federalists believed as well that the Articles of Confederation was too weak to maintain a powerful central government and needed to be restored by the U.S Constitution. The fundamental goal of the U.S constitution was to secure the rights of the U.S citizens and for the federal government to strive for the common good of the individuals. The Federalist Papers illustrates how the federal government is divided into three distinct...
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...COURT COMPARISON AND CONTRAST PAPER 1 Court Comparison and Contrast Paper COURT COMPARISON AND CONTRAST PAPER 2 Comparing State and Federal Court Systems There are many factors that involve the differences in state and federal courts. The three major factors that separate the two court systems are the structure, the selection of judges, and the types of cases that are presented in each of the two court levels. There are many reasons that there are two different court levels. This is so that we have checks and balance between the federal courts and the state courts. The structure of the Federal courts is based off Article III of the constitution of the United States. This article gave the federal system the power to create the Supreme Court as well as all the lower federal courts. The federal court system is broken down into six different types of courts which starting from the highest are the Supreme Court, United States Court of Appeals, United States District Courts, as well as the special federal courts which are the United States Bankruptcy Courts and the United States Courts of Special Jurisdiction. Within each of these courts they each handle specific cases that are presented to them. The State Court System is broken down into four different levels of courts. First are the trial courts...
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...DBQ: How did the Constitution Guard against Tyranny? Did you know that the constitution was actually kinda written on accident? Originally 55 wealthy, white, males came together in Philadelphia in 1787 to fix and make corrections to the Articles of Confederation. They specifically needed to fix no chief executive, no court system, stronger government, and many more things. This meeting was later called the Constitutional Convention. With trying to fix all these problems, they all agreed on one thing, no tyranny. Tyranny is a cruel and oppressive government or rule. An example of this would be king George. He was not giving the colonists their unalienable rights. The Constitution guarded against tyranny in many ways. These include federalism, separation of powers, checks and balances, and The Great Compromise. The Constitution guarded against tyranny through federalism. Federalism is the federal principle or system of government. James Madison wrote about federalism. He wrote about it because he wanted to get people to ratify the constitution. Doc A is an excerpt from Madison’s Federalist Paper 51. Federalism guarded against tyranny because as Madison put it “Liberty requires that the three great departments should be separate and distinct” (Madison, Federalist Paper #47). The evidence says it all. We MUST have the three departments...
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...The Federalists and Anti-Federalists argued whether or not to adopt the U.S. Constitution. The Federalists were in favor of it, while the Anti-Federalists were in opposition of the U.S. Constitution. The Federalists were fundamental to the ratification of the U.S. Constitution because they pointed out the problems in the Articles of Confederation and created a strong government with the U.S. Constitution. While the Anti-Federalists believed that the U.S. Constitution was too powerful. The Federalists were fundamental to the ratification of the U.S. Constitution because they pointed out the problems in the Articles of Confederation. “Government under the Articles of Confederation could not enforce a treaty or a law when made nor impose any taxes for any purpose” (Alchin). The Articles of Confederation didn’t allow the government to enforce laws and treaties or have the power to tax. This was a problem because there was no executive branch to enforce the laws and treaties, so the states didn’t have to follow any rules and could do anything they...
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...Criminal Procedure Policy Paper John Doe CJA/364 April 12, 2013 James Thomas Criminal Procedure Policy Paper The Fourth, Fifth, and Sixth amendment guarantee many rights to the people in the United States. This paper will explain the key elements that are guaranteed by these amendments. Also to be discussed is how these policies have impacted criminal procedures utilized by courts and police officers. Critical elements needed to meet the end state of this paper are the fourteenth amendment and the Bill of rights. The pursuit of the American dream and happiness are made possible by the laws which are made and enforced by law enforcement from the highest to lowest levels. Without these laws and law enforcers, the liberties which make this country great could easily be violated, ruining the pursuits earlier talked about. The United States Constitution has many amendments which provide protections of American liberties. Out of the constitution, the amendments which are most critical to the protections are the fourth, fifth, sixth, eight and fourteenth. The Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments are the key to providing these protections. Crime in the United States would be out of control without a solid criminal justice system. Without a strong criminal justice system and crime being out of control, a life filled with liberties, happiness and freedoms would only be a dream. In order for a society to flourish and provide those liberties...
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...federal when compared with German federalism? This paper will serve to answer the question in the subject. It is important to bear in mind that this question will be answered via a comparison. Because of this comparison a certain structure is maintained during this paper. It will discuss the key points of the German political form first, where after the key points of Spain will be discussed. These two forms will be compared to each other, to expose to what extend Spain is a federal State. For the purpose of this paper, federalism entails that there needs to b e a form of political integration whereby the states, transfer sovereign powers to the federation. The federation then would control the actions from the states from a central government. Key-marks of federalism will be broad competence for the states, limited competences for the central government and entrenchment of divided power in the constitution. For this paper the distinction between co-ordinate federalism and co-operative federalism is made. In co-ordinate federalism each state is separate, has its own exclusive competences, its own administration, its own taxes and a minimal need for co-operation. Co-operative federalism on the other hand entails more collaboration between the states and the central government. Competences between states are mostly shared, the central government legislated and the states are to implement this legislation in most fields, the states are however represented in the legislative procedure...
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...The Confederation and the Constitution | | | | | Shortly after Thomas Jefferson penned the Declaration of Independence in 1776, the delegates at the Second Continental Congress agreed that a new government was necessary to govern the now-independent colonies. After much debate, they drafted and adopted the Articles of Confederation in 1777. Although the Articles were not officially ratified until 1781, they served as the actual constitution until that time. Under the authority of the Articles, the states created a national Congress comprised of annually elected delegates from all thirteen states. Each state had one vote in Congress, and, in most cases, decisions were made based on majority rule. The National Congress’ powers over the states were specific and definite: it had the sole power to negotiate treaties, declare war, and make peace. It also reserved the right to maintain an army and navy and regulated interaction with Native Americans in the West. The delegates also granted Congress the power to resolve interstate disputes, grant loans, print money, and operate a national postal system. Eventually, Congress was also authorized to govern western territories until they achieved statehood. All powers not granted to Congress were reserved for state governments. Congress had no power to levy taxes. For example, it could only request that the individual states raise revenue to cover their share of national expenses. Furthermore, any amendments made to the Articles...
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...Business Law I Due: Feb 4th 2010 The Judicial Branch The Judicial branch of government of the United States was set up by article III of the Constitution. The Judicial branch is given great power over the common law, but still very limited due to a complex system or checks and balances. The Federalist Papers 78-83 describes in great detail the newly proposed system of judicial government. The author of these papers was Alexander Hamilton. John Jay, and James Madison contributed to the other parts of the Federalist. The most interesting aspect of the judicial branch is the way it fits into the system that also is comprised of the Executive branch, and the legislative branch. Alexander Hamilton writes, “The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the constitution; because it will be least in a capacity to annoy or injure them”. The executive branch can be viewed as the, “sword of the community”, and the legislative has the power to create the laws the all citizens of the United States must follow (Hamilton 78). The brilliant thing is even though it seems the judicial branch of government does not carry as much power, it never states that in Hamilton’s letters due to the fact that the judicial branch is considered an “indispensable ingredient” (Hamilton 78). The power of the judicial branch may be considered not as direct as the other branches, but is still powerful nonetheless. The...
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...CJA 483 criminal justice system ( A+Material ) Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/cja-483-criminal-justice-system-amaterial/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) CJA 483 Choose a component of the criminal justice system: police operations, court systems, or corrections. Write a 700- to 1,050-word paper that answers the following questions: a.What is your definition of justice as related to the component you selected. b.What are three current practices of the component selected that demonstrate the successful achievement of your definition c.What do you see as the three biggest challenges in the next 10 years for the component. Format your paper consistent with APA guidelines. Abstract Jenkins (2011) contends that Americans have increasingly turned toward the American court system as a matter of redress and protection (p. 1). Seeking justice from a dualistic entity charged with fairness, interpreting and honoring the law, ensuring retribution is granted when warranted and protection from abuses of authority and/or due process is maintained in accordance with the Constitution and federal and state statutes, the court system balance these dualistic duties and obligations to society and the government (p. 1, 2). Since September 11...
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...Criminal procedure policy paper CJA/364 DEC/19/2012 Susan Strick Criminal procedure policy paper Criminal procedure is broken down into two models and was designed by a professor who studied law at Stand Ford University his name was Herbert Packer. The first model is due process, this process believes in the rights of the individual this will be known as politically liberal. The second model is crime control this supports to regulate the conduct and behavior of individuals. This is considered politically conservative. These models are intended to embody the sets of different values that run the criminal justice system. In this paper both of the criminal procedure will be discussed and compared to show the similarities and differences. This will also be a way of figuring how the effects of policies in the criminal procedure this will be done by looking at the amendments made in the constitution of the United States looking at the fourth, fifth and sixth amendment and also the fourteenth. The fourteenth amendment including the bill of rights will be a critical aspect of achieving the goal of this paper. The procedure that is most used in the criminal proceedings is the due process model. As an individual a person will try to preserve the standard of holding their right to life, property, and liberty. As an individual a person will not let go of the rights without undergoing the right due process promised to them that is stated in the bill of rights. An officer even when...
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...Branches of Government John Freak HIS/301 November 26, 2008 Paul Hill Branches of Government The United States of America (U.S.A.) is known by most peoples the best country in the world. This country system of democracy has set the example for many countries in the world to emulate. Facts dating back to the 1700 and 1800 show the key guide lines in establishing the U.S. constitution. The articles of the Constitution today are in place to protect the rights of the citizens of the United States. The articles of Constitution are laws in place for the people to abide by. Reason the U.S. Government has the Legislative, Judicial, and Executive Branches The forefathers of old was very wise and intelligence men because of their upbringing, education, and experiences of life. As the writer of this paper brainstorming on the reason the forefather made the three branches of government is to possess a checks and balances system. The branches of government would not have any more power than the other branches when making decisions. The checks and balances piece comes into play an approval process have to take place or a vote has to be completed. The three branches remind the writer of the paper of the chain of command in the U.S. military. According to eHow.com, “the first three articles of the Constitution were written to maintain a balance of power within the U.S. government. The three branches of government were designed to check each other, balancing power in order to...
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...Running Head: Constitution Timeline Constitution Time Line Grand Canyon University: POS-301 Arizona/Federal Government September 29, 2012 There are five important documents that have had an impact on the evolution of the United States Constitution. These documents include the Magna Carta (1215), the Mayflower Compact (1620), the Declaration of Independence (1776), the Articles of Confederation (1777), and the Federalist Papers (1787-1788). Significant documents in their own right these papers laid the framework for the creation of the modern day United States Constitution. The inception of the constitution was born partly from the successes and failures these previous ruling documents brought to their countries. The Magna Carta or “The Great Charter” was created by Great Britain in 1215. It consisted of 63 clauses that dealt with the rights, customs, and administration of justice. It was put in place because of King John’s abuse of his people. He created chaos and did inhumane things to his people against the justice system. Only 3 of the original 63 clauses still remain which consist of “the clause confirming the privileges of the city of London and other towns; and the most famous clause of all which states that no free man shall be imprisoned, dispossessed, outlawed or exiled without the lawful judgement of his equals or by the law of the land” (Magna Carta 2008) The others have been replaced...
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...important ways. Alexander Hamilton is a vital figure in our history because he changed our financial system and helped change the way we run our country. Hamilton’s importance is through his writings, impact on the national banking systems, and his influence on Washington in the cabinet. These events changed the course of American history forever. When America was still in its early years, Alexander Hamilton began to write while he was practicing law. He mainly argued on the topic of strong central government, opposing the Articles of Confederation. Hamilton also was involved in writing the Federalist Papers, which constituted of eighty-five essays, fifty-one of which he wrote. “Hamilton wrote at least two-thirds of the essays, including some of the most important ones that interpreted the Constitution.... [The Federalist Papers] were widely read, had a great influence on contemporaries, became one of the classics of political literature, and helped...
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