Constitutional Law and Constitutionalism

In this world there are many different constitutions. While many of them are long, they can be short. Many constitutions were written a long time ago, while some were just written recently or just a few years ago. The ones that were made a long time ago have even been passed down and changed for people to understand now. Even though all constitution have similarities, they all have differences between each other as well.

Refer to Table 1-1 of The American Democracy, and in 100 to 150 words, identify and explain America’s 3 core political ideals and the 3 rules of American politics.

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James Madison and the rest of the Founders of the Constitution undeniably founded a government that has withstood the test of time. The question that Robert Dahl poses in How Democratic Is the American Constitution? is whether this form of government and specifically the Constitution is as democratic as it should be and focuses on the Constitution’s shortcomings. Dahl argues that the constitution is much less democratic than it ought to be. Madison, on the other hand, had doubts about the effectiveness and practicality of a purely democratic form of government and fought for a republic with checks on power.

Supporters of gay marriage in the United States were a minority group for quite some time. (Green, 2015) The topic of homosexuality and same sex marriage is one that probes the primary question of whether or not same sex marriages are ones fundamental right under both the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment. (Lempert, 2015) The case of Obergefell v. Hodges was a case that held that the Fourteenth Amendment requires all states to recognize and grant same sex marriage licenses to couples that have been granted that right in other jurisdictions. This case may be considered a significant decision of the United States

What court will have jurisdiction over Tanya's suit? Why? The most likely court with jurisdiction over Tanya's suit will be the federal court in the state of Confusion. That is because Tanya's suit raises a federal issue, that of the regulation of interstate commerce. Generally, such a case would be filed in the federal court in the same state where the alleged harm manifested itself. However, there is also a possibility that Tanya could seek to use the concept of "long-arm" jurisdiction (Nowak & Rotunda, 2007) to have the case adjudicated in the federal court in Denial based on the fact that the illegal regulation in Confusion affected some of the residents of the state of Denial, irrespective of where the harm was caused.

With self-governing and the principles of democracy comes the flexibility of interpretation. In a society where the people are essentially supposed to be in charge, interpretation should be, and is, required by those in power. But with a Charter so entrenched in a Constitution, the issue of the dead hand of the past arises. Society should not have to worry about the past influencing current decisions due to the abstract standard, which allows adaption to changing circumstances and

The Constitution of the United States has been analysed and interpreted to fit a thousand mouths. Every scholar has their own opinion of the deeply important text. Each and every one also has different views on the War Powers Act, if it is Constitutional or not. The War Powers act is unconstitutional. The Constitution clearly defines the role of the president in foreign policy, and does not need to be amended, and it also clearly states the role of Congress in military action, and the Supreme Court has upheld expanded interpretation of the president's authority in matters of foreign policy.

This chapter first begins by discussing America's constitutional history within the role of the federal government. It explains how liberals have changed from the mainly classic liberals such as John Locke and Thomas Jefferson, to ones such as John Dewey and John Maynard Keynes. It also addresses how legislative power is delegated, including the role federal bureaucracy plays in this area. One issue that is brought up in the process of this is whether the practice of delegating legislative power is constitutional or not. Expanding on this is the issue of separation of powers, especially since Article 1 vests all legislative power in Congress. Continuing on with this same thought is the issue of delegating in the domestic context, because while

A constitution is a set of rules that create a framework in which those who govern must work within. It’s designed to ensure that both the govern and the governed abide by the law. Today, most democratic countries such as America, Canada and Australia have a written constitution which is a single codified document that explains the powers of State and its institutions; entrenching the fundamental rights and values of its country’s citizens. It’s seen to act as a symbolic force on society and ensures that the rules are made clear and easily accessible for all. The UK, along with New Zealand and Israel, has an unwritten (or uncodified) constitution which is made up of various sources such

For hundreds of years, the colonists struggled to protect and maintain their freedom. Before they declared themselves independent from England and the King, they were being constantly reprimanded and given unfair treatment by their mother country. This created opposition towards staying in league with England, and soon rebellion was everywhere. Once they were finally able to be free from England, the US was in need of a solid government, and a strong leader to allow their country to excel.

When was the latest Constitution written? What does this say about the countries’ rule of law?

Lacking of the constitution can also mean that citizens can easily tick a yes or no answers, in a way that does not reflect their real views. Therefore, a people’s may vote no out of fear about what the proposal might do, even where they would have supported the plan had they fully understood the contents of it. I understood from my own experienced that the constitution is very document which may requires more times to studying it and still only an

It is necessary for the better understanding of the topic to discuss briefly codified and uncodified constitution and give definitions for both of them. According to Heywood (2013), a codified constitution is a single legal document that is popularly known as a ‘written constitution’ and that contains key constitutional provisions. However, the traditional approach is to distinct written or codified constitutions with unwritten or unсodified constitutions. Ryan and Foster (2014) notify that unсodified constitution is made up of rules from different sources. In other words, it is not a single document. Also, Finer, Bogdanor and Rudden (1995) describe an uncodified constitution of the United Kingdom as indeterminate and indistinct. According to Garner, Ferdinand and Lawson (2009), only three liberal democracies that are Israel, New

The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.