Please read casebook materials on the Second Amendment and Constitutional Interpretation (pp. 11-32).
Class #2: Judicial Review (and Judicial Supremacy)
Casebook pp.1-11 (Marbury and related materials)
(additional materials previously included in syllabus now will be covered in lecture)
Constitutional Law I (CNLW-200-O)
Professor Siegel
Casebook: Erwin Chemerinsky, Constitutional Law (6th edition) (please note that Dean Chemerinsky also has a treatise by the same name; make sure to buy the casebook)
We can write this or a similar paper for you! Simply fill the order form!
Want help to write your Essay or Assignments? Click here
Slavery during the constitutional convention History Essay Admission Essay
INSTRUCTIONS:
How did the question of slavery emerge as a national issue by the time of the Revolution and the Constitutional Convention. Ultimately, how did the Constitution deal with the question of slavery? Do you find this to be an effective solution? Why/why not?
The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The United States Constitution that emerged from the convention established a federal government with more specific powers, including those related to conducting relations with foreign governments.
Under the reformed federal system, many of the responsibilities for foreign affairs fell under the authority of an executive branch, although important powers, such as treaty ratification, remained the responsibility of the legislative branch. After the necessary number of state ratifications, the Constitution came into effect in 1789 and has served as the basis of the United States Government ever since.
Want help to write your Essay or Assignments? Click here
Want help to write your Essay or Assignments? Click here
Contingent Exclusionary Rule
In real world, Donald Dripps model would work as a constitutional remedy that integrates exclusionary regulation with financial damages conventionally related to tort allegations. Courts should begin to test suppression orders contingent based on police failure to pay for damages as determined by courts (Dripps, 2001).
In addition, compulsory use of the contingent exclusionary rule can be used to not only prevent but also punish deliberate breach of constitutional restrictions. However, a number of seizure and search breaches fail to meet deliberate violations, may be due to police obliviousness or unusual instances, as such contingent exclusionary rule applies to many criminal cases.
To some extent, the Contingent Suppression is compatible with restorative justice. To start with, it acts for the best interest of the judicial system since truth is well fostered. This due to the fact that police and judges would not hide evidence to get a criminal sentence when there is practical Fourth Amendment breach that can result in a suppression order, particularly, exclusionary rule in certain conditions fail to cost convictions the Fourth Amendment never forbid. The cost is simply decreased or even eliminated (Dripps, 2001).
Want help to write your Essay or Assignments? Click here
Moreover, the tort remedy protects the innocent as well the guilty from unconstitutional seizure and searches. This means tort remedy serves as a deterrent from illegal search and seizure. Both local and state administrations are liable to Forth Amendment breaches, can demand while enforcing training programs for law enforcement bodies in their jurisdiction. The constitutional remedy is important in encouraging ethical police officers and judicial process to be effective.
On the other hand, the courts may set damages and thus eliminate legal aspects from politics, especially; contingent exclusionary rule addresses political issues since the federal courts would set damages. By and large, using exclusionary rule as legal remedy will be mooted in way that protects the Constitution for Fourth Amendment breaches following the growing need to ban exclusionary rule.
