Essay On Federal Law

Garner, 1986). The suit stated that Garner’s constitutional rights had been violated, and this case eventually reached the United States Supreme Court (Tennessee v. Garner, 1986). The Supreme Court ruled that the Tennessee statute that authorized the use of deadly force against an unarmed feeling felon to prevent escape was unconstitutional. The Supreme Court recognized that when deadly force was used to effect an arrest it was considered a seizure and subject to the guidelines of the fourth amendment. The Supreme Court admitted the state had an interest in effecting an arrest, but the use of deadly force went beyond the reasonableness standard of the individuals right to life as he was unarmed (Tennessee v. Garner, 1986). The majority also confirmed that Hymon’s use of deadly force was unreasonable based on Garner’s physical size and age coupled with the fact he was not armed so, hence he posed no threat to the officer or others (Tennessee v. Garner, 1986). The majority also found the Memphis police department’s use of deadly force policy to be more restrictive than that of the statue and a growing trend of other police departments had implemented much more restrictive policies (Tennessee v. Garner, 1986). In lieu of the courts decision the state of Tennessee revised their statute to include language that mirrors the courts interpretation of this case (Tennessee v. Garner,

The US Constitution states “We The People of the United states in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for more common defense, promote the General Welfare, and secure the blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The main purpose of the U.S Constitution is to establish the basic rights of all American Citizens. This follows that every United States Citizens have equal rights. Belonging to a minority group because of culture, religion or race does not assert that one is unconstitutional. In times of war, evacuation of minority groups only in NOT constitutional; however, evacuation of ALL United

Michael Brown, Trayvon Martin, Eric Garner, and Walter Scott: these are only a few amongst thousands of victims of police brutality within the past couple of years. Perhaps the most disconcerting fact of this aggression is that it appears to have a specific target: the African American minority. The number of casualties due to racist police brutality keeps growing every day, and it will only continue to do so until action is taken against it. Here is where the problem arises, though; as individuals continue to die, nationwide not much is being done to prevent the occurrences of these attacks. People simply don’t recognize this aggression as more than a unilateral affair; there is a lack of understanding that this police brutality and its racist tendencies are a public health issue, too. People rarely think about the adverse effects on the individuals involved in the brutality or of the negative side effects cascading within their community. A large portion of the public is being marginalized and targeted, left to cope with the abuse. How can this brutality not be a public health issue? The neglection of the African American minority’s well-being by law enforcement and the intertwined systemic racism blatantly violates the core of public health and has deteriorated the physical and cognitive health of this specific community as opposed to protecting it.

In Tennessee v. Garner (1985) a Tennessee statue was under scrutiny due to it providing that if, after a law enforcement officer stated his or her intent to apprehend a suspect, the suspect attempts to flee or forcibly resists the officer has the right to do whatever necessary in order to apprehend the suspect. With this statue in place a Memphis police officer shot Garner’s son while he was fleeing from a home that he was suspected for burglarizing. The officer shot Garner’s son in the back even though he suspected that the individual was just a teenager who was unarmed and was of slight build. The district court ruled that the shooting was constitutional, whereas, the appeals court reversed the ruling. The Supreme Court eventually ruled that

The power of the federal government faced multiple conflicts that helped strengthen the government as a whole. The central government was always challenged and questioned for their choices to improve the nation by individuals and states. When the federal government was challenged with a problem this helped shape and strengthen their power through the outcomes of each event. The government was faced with many different challenges but two challenges that were important was the Whiskey Rebellion in 1794, and the Louisiana Purchase in 1803. Not only was the government challenged but the Constitution was also affected with these conflicts. With the challenges of the Whiskey Rebellion and the Louisiana Purchase it helped shape the role of the central government and this lead the government and presidents to gain more power.

The judicial Power is entitled to all citizens Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”The jurisdiction of the federal courts was further

The Constitution of the United States creates a national government that divides power among the three branches. The purpose of the division is to create a system of checks and balances in order to preclude or lower the possibility of an authoritarian rule. Article I of the Constitution is the most relevant to the procedure for adopting legislation. Article I create the legislative power and vest it in Congress. Specifically, Article I, Section VIII establishes the enumerated rights and powers Congress possess. Generally, the necessary and proper clause in Section VIII is meant to expand the right Congress has “…to make all Laws which are necessary and proper…” On the contrary, this clause may be seen as a limiting agent. Congress should only adopt law, which are deemed necessary. Necessary means what is mandatory and requisite. In this context, regulating or adopting laws is fundamental in order to achieve a compelling interest.

The chief constitutional function of the federal judiciary on the Federalist 78 is to appoint judges, establish the tenure of the judges, and the partition of the judiciary authority between different courts and their relations to each other (Hamilton). While, the key functions of the federal judiciary on Marshall’s opinion in Marbury is to interpret the law. According to Marshall,

Law in the United States is created by starting as an idea from many places including a Member of Congress, a Members constituents, as well as the President of the United States or a private group. A bill can also be introduced by placing it into the hopper during the active session of Congress. The bills can be formed by either the Senate or the House of Representatives, except for bills for revenue or appropriation which start in The House of Representatives. A bill will either be private-immigrations and naturalization, claims against the U.S., or public-issues to do with the public. Regardless of which house creates and presents the final proposed bill, the process they follow is identical. The initial draft of the bill is written and the clerk will assign it a number proceeded by an S when it is going through the Senate and an H.R. for the House of Representatives.

The foundation of the Supreme Court began with the earliest articles of the constitution. More specifically, Section II of Article III dictated that “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority…”(National Archives). This language laid out the legal precedent for which the Supreme Court could be built. Due to the intentionally vague nature, the founding fathers intended for the first Congressional Contingent to build the workings of the court. Inspirations for such a Federal legal system arose from several sources. Chiefly among these sources was British Common Law and the Magna Carta. The first Congress built the Supreme Court in its original form of six judges, and from there, the court evolved in the early 19th century and exerted its influence on the development of the United States of America.

“Who has the power?” State and Federal Government has an idea of sorting out government function. First off they like making level of government primarily or solely responsible for each policy area has a long pedigree. Next State law and Federal Government has divided important duties up between each other; so the state will not undertake the federal government. Also Federalism has become a tradition since the finding fathers. The constitution’s tenth amendment states “The power not delegated to the United States by the constitution, nor prohibited by to the states, are reserved to the states respectively, or to the people”. The states and federal government help each other in many ways to keep the people happy.

Lee Chambers, the Defendant was driving 10 km over the speed limit while making pizza deliveries using the company van. To avoid hitting a dog, he had incidentally skidded sideways on a patch of ice and crashed into another vehicle. Alice White, the plaintiff who was not wearing a seatbelt at the time had suffered numerous injuries. The Plaintiff had sued Lee Chambers and Vinnie’s Pizza Ltd. for general and special damages along with cost of car repairs, and loss of income.

The police force has been observed by their respective communities on a small scale, however, the NYPD has recently fell under the spotlight of mass media and the general public due to the unfair treatment of minorities and the lack of discipline many of these officers have. Although it is obvious that policemen suffer a great deal of pressure as well as the threat of danger, policemen should be able to keep their heads on straight when dealing with everyday situations. There are a number of factors involved in this congested discourse. It also leads us to inquire whether there is a lack of training administered by the police department or if the current training is too harsh.

Now witnesses have the ability to have video documentation of these violent assaults and spread them all over the internet within moments. People of Color such as Eric Garner, Sandra Bland, and many more are victims of documented police brutality that sadly died as a result. A popular social media hashtag, “#BlackLivesMatter” empowers young people to help put an end to police brutality. As a result of the hashtag many police officers have been terminated for their actions. The danger of the fact that more and more people are becoming aware of police brutality is that now people assume that all police officers are the same. One thing people need to learn is that there are good police officers and there are bad police officers they should not all be stereotyped as awful

In the society of the United States, most of our rules, albeit laws or moral beliefs, come from decisions made in the Supreme Court and what exactly they refer to. The direction of momentum in the workforce, schooling, and even the white house have been vastly adjusted by the verdicts that come out of the Court. These directional modifications have been ratified and lead the people to challenge the current views of society and lead to more and more changes that are right and just for the system in order to prevent further wrongdoing in the nation.