Constitutional Law Essay
A person in a given state may be under a number of given jurisdictions. He or she may be subjected to paying their federal income tax, the same individual may also be subjected to state and city taxes. Over time, the power of the federal government over the states grew through court decisions and legislation. Enumerated Powers This is also referred to as expressed powers or powers delegated. In this respect, according to the constitution in the United States, Congress may execute powers granted to it subject to the Bill of Rights. What does the Commerce Clause provide? What purpose does it serve? This clause serves to describe an enumerated power that is listed in the United States Constitution, article I, section 8, clause 3.
The clause gives the Congress powers to regulate commerce insofar as foreign countries are concerned. Interstate commerce and Intrastate commerce If one performs activities such as trade, traffic, and businesses in a given state of origin, then such activities may be termed as intrastate commerce. However, activities that involve two places in a state that involve another state then this may be termed as interstate. Freedom of speech This is the power or right of an individual to express their opinion without censorship. Equal protection clause This clause which came into effect in 1868 puts forth that the state shall provide equal protection to all its citizens within its jurisdiction and deny no one protection. Strict scrutiny test This is the most comprehensive model of judicial review, which is used by the United States 2.
Intermediate scrutiny test and rational test This is used in the assessment of statues. Fewer standards are observed in the rational basis review and the implementation of intermediate scrutiny. Substantive due process and procedural due process. (4) Reply – is a pleading in which the primary function is to deny or perhaps allege facts in denial of perhaps avoidance. What is intervention? What is consolidation? A person who has a legal interest in a matter that is on litigation and is poised to be affected by the disposition of property may be allowed to intervene in the action. Consolidation entails actions which involve a common intent of law or fact are put before the court it may thus result in a joint hearing and trial.
What is a statute of limitations? This is legislation that inputs a timeframe in which the parties involved must take the necessary action to enforce their rights. The main objective is to ensure that there is diligent prosecution of given offenses. (4) defendant’s case – this is the party accused of committing the crime or rather facing a civil suit. (5) rebuttal and rejoinder – the case that a plaintiff can put forward after the defendant rests his case. This attempts to overthrow the evidence brought forward during the defendant’s case. (6) closing arguments – these are the concluding remarks of each party’s counsel as they summarize and outline the important arguments raised. (7) jury instruction – these are the laws that govern the hearing for the jury often instructed by the judge.
Describe the following types of alternative dispute resolution: (1) arbitration – parties select a neutral third party to weigh the facts and evidence and decide. (2) mediation – a third party is selected to assist the parties at loggerheads to reach a settlement. (3) conciliation – an interested third party acts as a mediator (4) minitrial – a short period in which lawyers from the two sides present their cases, for representatives who have the authority to settle. (5) fact-finding – a third party is hired in this instance to investigate and report the findings to both sides. (6) judicial referee – the court appoints a referee who conducts a private trial. " W. Va. L. Rev. Karst, Kenneth L. "Comparative constitutional law. " The Oxford handbook of comparative law. (2010):456 Tushnet, Mark. Weak courts, strong rights: judicial review and social welfare rights in comparative constitutional law.
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