...98 (2000) Judicial history On Nov. 8 2000, the day after the presidential election, it was shown that Governor Bush received 2,907,135 votes and 2,907,351 for vice president Gore with a difference of 1,784 in favor of Governor Bush. Because it was a win of a half a percent there was a recount using a machine which bush was still the winner but by a small amount. Gore demanded a manual recount in several counties that were later found out only democratic states were asked to revote. Some of those counties worried that they wouldn’t make the deadline and asked for an extension. The secretary of state declined that extension and the supreme court of Florida over turned that decision and granted more time until nov.26th. On that day Govern Bush won. They next day Gore filed a complaint in the Leon County circuit court saying that there were still illegal votes. After they ruled that he did not give enough burden of prove he then appealed and Florida Supreme Court took jurisdiction of the case and held some points in the case and rejected some. They ordered a hand account of 9,000 ballots in Miami Dade County. Facts On December 8, 2000, the Supreme Court ordered the Circuit court of Leon County to gather 9,000 ballots by hand and include 215 voted from Palm Beach County and 168 votes for Vice president Gore. Bush said that the vote for gore was 176. The court ordered manual voting for the counties that had “under votes” and Bush contested it through an emergency hearing and the...
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...American Government II Federal preemption, displacement of U.S. state law by U.S. Federal law. "Preemption" is also sometimes used in the United States to refer to the displacing effect state laws might have on ordinances enacted by municipalities, especially in the context of alcoholic beverage laws, gun laws, and in the area of FDA approved pharmaceuticals. A technique of Congress to establish federal regulations. Total preemption rests on the national governments power under the supremacy and commerce clauses to preempt conflicting state and local activity. Building on this constitutional authority, federal law in certain areas entirely preempts state and local governments from the field. Sometimes federal law provides for partial preemption in establishing basic policies but requires states to administer them. Some programs give states an option not to participate, but if a state chooses not to do so, the national government steps in and runs the program. Even worse from the state’s point of view is mandatory partial preemption, in which the national government requires states to act on peril of losing other funds but provides no funds to support state action. An unfunded mandate is a statute or regulation that requires a state or local government, or private individuals or organizations, to perform certain actions, yet provides no money for fulfilling the requirements. When a federal government imposes a law or regulation without necessary funding, for example...
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...MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office, and FLORENDO S. PABLO, in his capacity as Director, Bureau of Printing, respondents. ESCOLIN, J.: Invoking the people's right to be informed on matters of public concern, a right recognized in Section 6, Article IV of the 1973 Philippine Constitution, 1 as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. Specifically, the publication of the following presidential issuances is sought: a] Presidential Decrees Nos. 12, 22, 37, 38, 59, 64, 103, 171, 179, 184, 197, 200, 234, 265, 286, 298, 303, 312, 324, 325, 326, 337, 355, 358, 359, 360, 361, 368, 404, 406, 415, 427, 429, 445, 447, 473, 486, 491, 503, 504, 521, 528, 551, 566, 573, 574, 594, 599, 644, 658, 661, 718, 731, 733, 793, 800, 802, 835, 836, 923, 935, 961, 1017-1030, 1050, 1060-1061, 1085, 1143, 1165, 1166, 1242, 1246, 1250, 1278, 1279, 1300, 1644, 1772, 1808, 1810, 1813-1817, 1819-1826, 18291840, 1842-1847. b] Letter of Instructions Nos.: 10, 39, 49, 72, 107, 108, 116, 130, 136, 141, 150, 153, 155, 161, 173, 180, 187,...
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...Unit 2 Readings Key Terms * Federalist Papers * John Locke * Authoritarianism * The Two Treatises Of Government * The Social Contract Theory * Thomas Hobbes * Nominalism * Materialism * Method Reading Summary or Overview The Federalist Papers were written and published in New York state newspapers between 1787 and 1788. Its purpose was to convince New Yorkers to ratify the proposed Constitution. The authors of The Federalist or The Federalist Papers were among the "founding fathers" of the United States of America. This term is used to refer to the men whose actions were responsible for creating the United States of America and the United States Constitution. View this introductory presentation on the authors of The Federalist Papers. Then, read the internet resources on The Federalist Papers. Internet Resources KAPLAN LIBRARY The "KU Online Library" link is on the left Navigation area of your course Home Page once you log in. You will be able to locate the articles below by placing the title of the article into the search engine. For any Supreme Court cases or other legal cases, once you go into the Kaplan Library, on the right side of the page you will see “databases.” Once in “databases” scroll down to “Westlaw Campus Research” and there you will be able to access the full text of court opinions, statutes, and regulations from state and federal governments. The Federalist Papers Jay, J., Goldman, L., Hamilton, A., & Madison,...
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...KEYED TO: SULLIVAN CASEBOOK 1. The Supreme Court's Authority and Role * Judicial Review * ROL→ Congress may neither restrict nor enlarge the Supreme Court’s original jurisdiction. * Marbury v. Madison * →Established Judicial Review. Court Held that a writ of mandamus to deliver a commission made by John Adams fell under the Sup. Court's appellate jurisdiction and therefore could not be brought in that court originally under Art. III b/c it is repugnant to the Constitution * →Supreme Court Authority to Review State Court Judgments * ROL→ The United States appellate power also extends to REVIEW state court judgments * →Judiciary Act of 1789, § 25: Provides for supreme court review of final decisions of the highest state courts rejecting claims based on federal law * Martin v. Hunter's Lessee * →A Virginia citizen willed his Virginia land to his nephew, P, a British subject and resident of England. Virginia, according to state law, had the right to confiscate land owned by British subjects and did so. Virginia granted this land to D, who then ejected P from the land. But, the treaties of 1783 and 1794 with Great Britain had anti-confiscation laws saying that the states won’t take the land of British citizens. Supreme Court exerted its authority to review the Virginia court's judgment and held that Supremacy Clause declares that the Federal interpretation will trump the...
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...banned the importation of slaves after 1808, but permitted the practice of slavery to continue. Dred Scott v. Sandford, supreme court ruled that a former slave was not a citized under Missouri law, could not bring suit in cort, and was his master's personal property. slavery could not be excluded from the territories. helped provoke Civil War. Equal protection clause; aa quest for civil rights in turn inspired other groups to seek new laws and constitutional guarantees of their civil rights. aided by the simplicity of the clause, guarantees to any person. Amendment 1; limits on congress Amendments 2,3,4; Amendments 5,6,7,8; limits on judiciary. Amendments 9,10; limits on the national government. The bill of rights did not become a vital instrument for the extension of civil liberties for anyone until after a civil war and 14the amendment intervened. Strict scrutiny; the most stringent standard of judicial review of a government's actions in which the government must show that the law serves a compelling state interest. given a jump star in 1954 by brown v. boe. Exclusionary rule; the ability of courts to exclude evidence obtained in violation of the fourth amendment. Miranda rule; the convention derived from the supreme court's 1966 ruling in the case of miranda v. arizona whereby persons under arrest must be informed of their legal rights, including their...
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...1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ii) Elastic Clause iii) Whether the state of Maryland had the right to tax a federal agency b) Background: i) 1819 ii) Maryland attempts to tax the national bank of the United States iii) Supreme Court must decide whether the national bank is legitimate under the elastic clause and whether Maryland can tax it c) Decision: i) Federalism ii) National power...
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... • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities clause, original...
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...Constitution From Wikipedia, the free encyclopedia For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e.constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a writtenconstitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117...
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...LAWS OF KENYA The ConsTiTuTion of Kenya Revised Edition 2010 Published by the National Council for Law Reporting with the Authority of the Attorney General 2 Constitution of Kenya [Rev. 2010 THE CONSTITUTION OF KENYA ARRANGEMENT OF ARTICLES PREAMBLE CHAPTER ONE—SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTION 1—Sovereignty of the people. 2—Supremacy of this Constitution. 3—Defence of this Constitution. CHAPTER TWO—THE REPUBLIC 4—Declaration of the Republic. 5—Territory of Kenya. 6—Devolution and access to services. 7—National, official and other languages. 8—State and religion. 9—National symbols and national days. 10—National values and principles of governance. 11—Culture. CHAPTER THREE—CITIZENSHIP 12—Entitlements of citizens. 13—Retention and acquisition of citizenship. 14—Citizenship by birth. 15—Citizenship by registration. 16—Dual citizenship. 17—Revocation of citizenship. 18—Legislation on citizenship. CHAPTER FOUR—THE BILL OF RIGHTS Part 1—General Provisions relatinG to the Bill of riGhts 19—Rights and fundamental freedoms. 20—Application of Bill of Rights. 21—Implementation of rights and fundamental freedoms. 22—Enforcement of Bill of Rights. 23—Authority of courts to uphold and enforce the Bill of Rights. 24—Limitation of rights or fundamental freedoms. 25—Fundamental Rights and freedoms that may not be limited. Rev. 2010] Constitution of Kenya Part 2—riGhts and fundamental freedoms 3 26—Right to life. 27—Equality and freedom from discrimination...
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...reflect a desire of the founding fathers of Indian constitution to build a new social order. For example, there are rights declaring practice of untouchability an offence or conferring certain culture and educational rights on the minorities, both linguistic as well as religious. Moreover, the given rights are not absolute but subject to certain reasonable restrictions. For example, the right to freedom of speech and expression can be restricted on grounds of public order, morality or decency and national security. The fundamental rights can be suspended during national emergency (act 352), only exception being right to life. Having discussed the basic features of these fundamental rights, one can find that these rights have classified under six heads in a logical manner depending upon their scope and nature. * Right to equality (art 14-18) * Right to freedom (arts 19-22) * Right against exploitation (art 23-24) * Right to freedom of religion (art 25-28) * Cultural and educational rights (art 29-30) * Right to constitutional remedies (art 32) In 1978, right to property mentioned in art 31 was repealed by the 44th amendment act as it was found contrary to other fundamental rights particularly the right to equality. It, however, has been reallocated to Art 300a of part xii as a legal right now. History Of Emergency Provision- Emergency powers, even if parcelled out incrementally, have corrosive consequences. Indeed, incremental measures attract...
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...Criminal Legal Process Quiz 3 Question 1 of 20 5.0 Points If prosecutors decide to charge a person arrested by the police, they do so by: A. a. notifying by memo the judge who, if the case goes to trial, will probably preside. B. b. notifying by memo the lawyer representing the accused. C. c. filing a complaint, information, or indictment with the court. D. d. notifying the accused by letter. Answer Key: C Question 2 of 20 5.0 Points In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer: A. a. without unreasonable delay, under all the circumstances. B. b. within 36 hours of arrest, ordinarily. C. c. within 48 hours of arrest, ordinarily. D. d. within 24 hours of arrest, ordinarily. Answer Key: C Question 3 of 20 5.0 Points Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney: A. a. by the police at time of arrest. B. b. by a magistrate at the first appearance. C. c. by a judge at the preliminary hearing. D. d. by a judge at trial. Answer Key: B Question 4 of 20 5.0 Points According to the Supreme Court opinion...
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...advertising is the use of an advertising campaign through the media to influence political debate and ultimately voters. Political advertising has changed drastically over the last several decades. Harry S. Truman was proud of his accomplishment of shaking approximately 500,000 hands but his accomplishment was soon pale compared to the next presidential election with the advent of television, war hero and presidential candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through the Exploration of important theories such as the “Social Contract” theory and the concept of the “Natural Law”: -Forms and Functions of Government +Authority- The ability of public institutions and the officials within them to make laws, independent of the power to execute them. +Democracy- Form of government in which the people, either directly or through elected representation, hold...
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...An Assignment On “The Constitutional bodies in Bangladesh” Course Name: Public Administration in Bangladesh Course Number: PA-123 Submitted to: Dr. Syeda Lasna Kabir Associate Professor, Department of Public Administration University of Dhaka. Submitted by: Mukarram Hussain 1st Year, 2nd Semester Session: 2011-2012 Roll: kj-059 Department of Public Administration University of Dhaka. Date of Submission: October 11, 2012 Introduction: Constitution is the supreme law of a country. Legislative, executive and judiciary are chief organs of the government. According to the theory of separation of power, check and balance between these organs is necessary. In democratic and constitutional system, each body can exercise its power within the boundaries set by the constitution and allows other organs to perform its work freely without interfering in others’ jurisdiction and without being interfered. To prevent the abuse of the state power, and to consolidate the rule of law, besides legislative, executive and judiciary, other constitutional organs are also envisioned in a constitution. Constitutional bodies in Bangladesh: There are some constitutional bodies in Bangladesh. Constitutional bodies are those offices or, persons their establishment, recruitment and retirement follow the rules of law of the constitution. The constitution of Bangladesh contains the provisions or articles defined the rules of establishment of those bodies and the recruitment...
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...Congress the power to suspend the right to a writ of habeas corpus in times of rebellion or invasion. The war on terror has created many a rift in political, judicial and civil rights circles thus creating unique circumstances in regard to dealing with individuals detained due to acts of terrorism. The Habeas Corpus Act ensures that due process is given to those who believe they are innocent of charges set upon them. However those rights to habeas corpus are forfeited when they are found to be guilty of acts against the U.S and its territories and in so doing are not subject to the trials held in a civilian court whether they are citizens or not. In this paper I look to examine the meaning of habeas corpus, its placement in the constitution and its impact on modern society’s laws, civil liberties and political/judicial stances. What is Habeas Corpus? HABEAS CORPUS is a term that was originated in the English legal system and is an important legal instrument in safeguarding individual freedom against arbitrary state action. The writ (legal action) is issued in form of an order calling upon a person by whom another person is detained to bring that person before the court and to let the court know by what authority he has detained that person. If the cause shown discloses that detained person has been detained illegally the court will order that he be released thus the main object of the writ is to give quick and immediate remedy to a person who is unlawfully detained by the person...
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