Abstract
The paper explores the powers of the Congress as stipulated by the U.S. Constitution, with emphasis on the Commerce Clause. Additionally, the paper analyzes the implied and the necessary and probable clause. The paper finds that the United States Congress operates in accordance with the rights granted to it within the U.S. Constitution.

Outline:
Introduction
Powers of the Congress
The Commerce Clause
Implied Powers, the Necessary and Proper Clause
Conclusions

From the Paper
"The United States Constitution is at times ambiguous and leaves room for interpretation. This is the stage at which the implied powers of the Congress come into discussion and probably the most relevant example in this sense is given by the Commerce Clause, which, as shown in the previous section, implies the reduced ability of trade partner states to regulate the operations with the United States. The right to implied powers and the necessary and proper clause is written under the eighteenth paragraph of the eight section in the first article and states that the Congress has the right to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof" (Cornell University Law School). In this light of events, it becomes obvious that the United States Congress has the ability to implement the decisions it considers necessary within a given context. They will not make use of this right only in critical circumstances, but also when they feel that a new direction or a new action is likely to benefit the current endeavor. "The phrase is not limited to such measures as are absolutely necessary, but includes all appropriate means that are conducive to the end to be accomplished, and which in the judgment of Congress, will most advantageously effect it" (Answers, 2009)."

Tags:Congress, Constitution, necessary, probable, clause

Abstract
The Commerce Clause often referred to as the Interstate Commerce Clause was adopted into Article I, Section 8, of the United States Constitution in 1787. The writer discusses the Interstate Commerce Clause and looks at how the courts have interpreted it through time. This review focuses on the early legislature and court cases that helped shape the current interpretation of the Interstate Commerce Clause. The authority to engage in interstate commerce is discussed, as well as federalism in regards to commerce. Finally the direct shipment of alcohol is analyzed as it pertains to the regulatory aspect of the Commerce Clause and the federal code that accompanies it. The writer concludes that the Commerce Clause will continue to be interpreted differently by courts in the United States.

Outline:
Introduction
Discussion
Conclusion

From the Paper
"Cook states that the most evident transportation under special privilege is transportation via railroad. This is because all railroads are run by corporations, therefore they need governmental authority. The author goes on to suggest there are four classes of special privilege. These classes include interference by state, whereas authority is derived from a state, by Congress whereas it is derived from a state, by a sate whereas authority is derived from Congress, and by Congress where it is derived from Congress. Out of these four classes it is only Interference by Congress, where authority is derived from Congress that it is clear that Congress can regulate transportation under conditions of special privilege. The other three classes at the time were yet to be made clear by the Supreme Court."

Tags:Congress, transportation, restriction, state

Abstract
This paper examines the Confrontation Clause of the Sixth Amendment to the US Constitution, which discusses the right of an accused person to cross examine his accuser. The paper discusses the history of the Confrontation Clause and looks at the use of the Confrontation Clause in past and present court rooms. It also provides a few case examples of how the Confrontation Clause is put into practice.

From the Paper
"The use of the Confrontation Clause in past and present court rooms has served the court system well although when to use it and often times how and when it applies has proven to be a little blurry. The Confrontation Clause allows accused defendants to cross examine their accusers to gain as much insight as possible as to the factuality of their accusations except in situations where a child, person on their death bed, or a person who is deceased in concerned then testimony collect by law enforcement or stated in previous court cases is admitted in lieu of personal account. This clause will in effect prevent anyone from simply accusing us of a crime without the chance to defend ourselves in front of our accuser."

Tags:court, justice, accuser, defendant

Abstract
This paper discusses the Fifth Amendment, double jeopardy clause and the double jeopardy rule in England. The papre relates that, recently, England scrapped the 800-year old law to allow retrial of those defendants that had been acquitted of serious felony offenses. This paper visits the case of Mr. William Dunlop for the crime of murder and discusses the outcome of the case in detail. Several cases are also explored pertaining to the double jeopardy clause in the Fifth Amendment of the US Constitution. These cases help explain how the double jeopardy clause is affected by caselaw from the United States Supreme Court and how that influences the double jeopardy clause. The presentation before the courts of both sides of the issue presenting a pro/con or for/against are also discussed in detail.


Table of Contents:
Abstract
Introduction
Body of Paper
Conclusion

From the Paper
"The prosecution can appeal prior to trial commencing (see Serfass v. United States, 420 U.S. 377 [1975]) where the judge has ordered the dismissal of the indictment against the defendant. The prosecution may appeal a ruling after jeopardy has attached itself to the proceedings but prior to the termination of the proceedings, so long as the trial did not produce a basis of innocence for the accused (see United States v. Scott, supra, 687). The prosecution may not appeal an acquittal. Even if the judge or jury order the acquittal, double jeopardy attaches itself after the acquittal has been established."

Tags:autrefois dunlop, supreme court, foundations mistrials

Abstract
This paper examines the issue of same-sex marriage in the United States and the equal protection clause in the United States Constitution. It discusses the background of the clause and the situation before the clause was introduced. The paper provides recommendations for a legal position for justice in the supreme court for the prevention of same-sex marriages.

Table of Contents:
Statement Of Thesis
introduction
Background Of The Study
Theoretical And Philosophical Basis For Position Against
The Position Of The American Psychological Association (APA)
Same-Sex Marriage Practical Aspects
International Validity Assigned To Same-Sex Marriages
Stance Of International Courts On Same-Sex Marriage
The 'Common Law' - What Is It And What Is It In The Issue Of Same-Sex Marriages Internationally?
Recommendation For Supreme Court Justice Decision

From the Paper
"International bodies including the United Nations have made an indication that "opposite-sex definition of marriage provides for a full realization of human rights." (Today's Family News, 2006) Courts in other countries have also stated the same conclusion. The European Court of Justice ruled in 1998 that recognition of same-sex partners as different from opposite-sex common-law partners was in full compliance with the European Community Treaty (Grant v. South-West Trains, Ltd., C-249). This issue has not come before the European Court of Justice noted that the European Commission for Human Rights considers different treatment of same-sex couples to be in accordance with the European Convention on Human Rights and states: "I]n the present state of the law within the Community, stable relationships between two persons of the same sex are not regarded as equivalent to marriages or stable relationships outside marriage between persons of opposite sex. Consequently, an employer is not required by Community law to treat the situation of a person who has a stable relationship with a partner of the same sex as equivalent to that of a person who is married to or has a stable relationship outside marriage with a partner of the opposite sex." (Today's Family News, 2006)"

Tags:discrimination homosexual, common law

Abstract
The purpose and scope of the Commerce Clause has been the topic of debate in many court decisions. Over the years, the Supreme Court has interpreted the Commerce Clause as a grant of power to the federal government and a limitation on the authority of individual states. One of the first issues to reach the Supreme Court was whether the power granted to Congress via the clause also inferred that the states are, thereby, precluded from local regulation of interstate and foreign commerce. This paper details, through case law examples, how this grant of power has been used, and sometimes abused, by the federal government.

From the Paper
"Article 1, Section 8, of the United States Constitution authorizes Congress to legislatively "regulate commerce with foreign nations, and among the several states, and with the Indian tribes." This Clause, though not infinite, is the means by which Congress regulates domestic affairs. Despite the implied extent of the commerce power, the Supreme Court has found that Congress has often overstepped its boundaries with respect to economic activity that should be reserved for individual states."

Tags:constitution, supreme, court

Abstract
The paper focuses on the Commerce Clause of the US Constitution, which gives Congress the power to regulate commerce among the states and which has also been very controversial. The paper looks at the first decision made with this clause, "Gibbons v. Ogden", where Congress was left with broad and ambiguous power. The paper then shows how later cases placed greater limits on federal power and restricted it to control over those things which directly affect trade across state boundaries.

From the Paper
"Basically the Commerce Clause, which gives Congress the power to regulate commerce among the states, arose out of concern that the free flow of commerce among the states might break down if states, as under the Articles of Confederation, had the power to erect protectionist measures on behalf of indigenous enterprises. Thus, its principal aim was to ensure the free flow of commerce by giving Congress the power to regulate, or make regular, such interstate commerce. Hence, the system, fostered by Commerce Clause, was that every farmer and every craftsman would be encouraged to produce by the certainty that he would have free access to every market in the country, that no home embargoes would withhold his exports, and no foreign state would by customs duties or regulations exclude them. Likewise, every consumer could look to the free competition from every producing area in the country to protect him from exploitation by any."

Tags:Congress, interstate, imports, exports, regulation

Abstract
In depth analysis of U.S. Supreme Court decisions on how the commerce clause has been interrupted from the Kennedy Court to the Clinton Court (1962-2001). This paper also examines Supreme Court cases in detail to track this change.

Abstract
This paper argues that the double jeopardy clause of the fifth amendment of the Constitution of the United States should be used in some cases.

Tags:potential, benefits

From the Paper
"Water Rights and the Takings Clause


Introduction
This paper will discuss the problem of water rights and the Takings Clause of the United States Constitution. The first part of the paper will discuss the background of the Takings Clause in the Fifth Amendment to the U.S. Constitution, examining the analytical framework which has evolved in takings cases. The second part of the paper will examine water rights and the unique characteristics which cause water rights cases to be analyzed in a somewhat different matter than other takings cases. The third part of the paper will discuss the application of the takings analysis to water rights.


Water rights have long been considered a form of property. Property rights..."