Constitution: United States Constitution and Supreme Court Essay

Submitted By gelo0609
Words: 779
Pages: 4
Open Document
The longest article in the Constitution vests legislative power in the Senate and the House of Representatives. It describes the organization of Congress and lists its specific powers, known as enumerated or delegated powers. Through the necessary and proper clause (also called the elastic clause), Congress can make laws needed to carry out its enumerated powers. Article I also lists the powers denied to Congress and the states.The full faith and credit clause requires that the legislative and judicial actions of one state be honored by the other states. Additionally, a citizen of any state has the same privileges as citizens of all the other states. Article IV also provides for adding new states to the union, guarantees each state a republican form of government, and ensures protection against invasion or domestic violence.The Constitution, the laws of the United States, and treaties entered into by the United States are the supreme law of the land. This is known as the supremacy clause.The Constitutional Convention began deliberations on May 25, 1787. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. The high quality of the delegates to the convention was remarkable. As Thomas Jefferson in Paris wrote to John Adams in London, "It really is an assembly of demigods." According to one view, the Framers embraced ambiguity in the constitutional text, since it allows for compromise and cooperation about broad concepts rather than specific circumstances.The Second Amendment guarantees the right of citizens to keep their own weapons apart from state-run arsenals.[l] Once the new Constitution began government, states petitioned Congress to propose amendments including militia protections. New Hampshire’s proposal for amendment was, "Congress shall never disarm any citizen unless such as are or have been in actual rebellion." New York proposed, "... a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural and safe defense of a free State."[m] Over time, this amendment has been confirmed by the courts to protect individual rights and used to overturn state legislation regulating hand guns.
Applying the Second Amendment only to the federal government, and not to the states, persisted for much of the nation's early history. It was sustained in United States v. Cruikshank (1876) to support disarming African-Americans holding arms in self-defense from Klansmen in Louisiana. The Supreme Court held, citizens must "look for their protection against any violation by their fellow-citizens from the state, rather than the national, government." Federal protection of an individual interfering with the state’s right to disarm any of its citizens came in Presser v. Illinois (1886). The Supreme Court ruled the citizens were members of the federal militia, as were "all citizens capable of bearing arms." A state cannot "disable the people from performing their duty to the General Government". The Court was harking back to the language establishing a federal militia in 1792.[n]
In 1939,
Show More

Related Documents: Constitution: United States Constitution and Supreme Court Essay

Essay on First Amendment to the United States Constitution and u . s . Supreme Court

Significant historical events, court cases, and ideas that have shaped our current system of constitutional First Amendment jurisprudence: 1215 Abuses by England’s King John cause a revolt by nobles, who compel him to recognize rights for both noblemen and ordinary Englishmen. This document, known as the Magna Carta, establishes the principle that no one, including the king or a lawmaker, is above the law, and establishes a framework for future documents such as the Declaration of Independence…

Words 7937 - Pages 32

Marbury V. Madison: The Most Important Cases In The United States

Marbury v. Madison is seen as one of the most important cases in the United States that had set certain important landmarks and changes in the judiciary branch. The case was brought in front of the US Supreme Court with John Marshall as Chief Justice. The case came in front of the US Supreme Court by a petition from William Marbury. In the petition, he demanded his role as a Justice of the Peace in the District of Columbia, which was granted to him by President John Adams on his last days in the…

Words 926 - Pages 4

Supreme Court History

As former Supreme Court Justice Hugo Black stated, “No higher duty, or more solemn responsibility rests upon this Court than that of translating into living law and maintaining this constitutional shield...for the benefit of every human being subject to our Constitution— of whatever race, creed, or persuasion” (Swainson, 116). Indeed, it is true that the Supreme Court is the mirror with which the United States examines the Constitution more deeply. However, while the Supreme Court is the mirror that…

Words 840 - Pages 4

Judicial System Essay

The judicial branch of the United States government is responsible for making sure laws in our country are constitutional. All the laws passed in the U.S. on the state level or on the federal level have to fall within the boundaries or rules of the United States Constitution. The main powers of the judicial branch include interpreting the U.S. Constitution and laws, making sure laws are put into action, and judicial review. Judicial review means that they have the power to review whether or not…

Words 570 - Pages 3

Supreme Court Research Paper

What is a Court A court is a place where trials and legal cases happen, or the people who are present in such a place, especially those officials and those deciding if someone is guilty of committing a crime. Courts in the U.S. The courts of the United States are very closely related to the hierarchical systems of courts at the federal levels and state levels. The federal courts are the ones that make up the judicial branch of the Federal government and operate under the strict authority of the…

Words 514 - Pages 3

Supreme Court Roles

The Supreme Court is one of the highest courts in the country. The Supreme Court's job is to understand the Constitution and make sure laws align with it. Through the power of judicial review is how the Supreme Court evaluates what the constitution says about laws and government action. They also protect U.S. citizens' rights by ensuring that other branches of government do not intrude. In this essay, we will dive into why the Supreme Court is important, examine the Supreme Court roles and analyze…

Words 630 - Pages 3

Eth 321 Week 1

discussing the examination and complexity of the government court structure with the condition of Rhode Island court structure, the parts of law and courts in today's business surroundings and the idea of legal survey. The distinctions in the federal and state courts are considered primarily by jurisdiction. Jurisdiction alludes to the sorts of cases a court is approved to listen. The individual residents are destined to be included in State courts they have wide jurisdiction over: burglaries, petty criminal…

Words 616 - Pages 3

Judicial Restraint

Judicial Activism v. Judicial Restraint The Supreme Court often oversteps its bounds as protectors of individual rights: while its use of judicial activism can at times secure citizens’ civil liberties and rights and can also check the power of the other branches of government, the employment of personal or political motives in these decisions often lose the integrity of judicial review. In these cases, the Supreme Court justices are endowed with tremendous power and may use this power to further…

Words 1735 - Pages 7

Marbury Vs Madison

parties involved in the Marbury v. Madison case were William Marbury, who was appointed by President John Adams as Justice of the Peace and James Madison, who was secretary of State of the United States. Dennis Ramsay, Robert Townsend Hooe, William Harper were important assets throughout this Supreme Court case. The Supreme Court came to a decision on February 1803. The incident official took place at The White House. The justices during the Marbury v. Madison were Chief Justice John Marshall and the…

Words 1135 - Pages 5

Why Is Congress Too Powerful

The founding fathers of the United States wanted to create of government so that one person or family could have too much power. They came up with a system that allowed three branches of government to rule. To prevent one branch from gaining too much power, there was a system of checks and balances. Each branch could “check” each other to limit powers. Even with the system of checks and balances there is some debate about congress being too powerful. An example of that is congress creating national…

Words 1157 - Pages 5