Abstract
This project discusses the topic of public employees and their Constitutional rights. The specific nature of their employment contracts is examined as it relates to the popular private sector contract-at-will employment contract. The paper discusses how while Constitutional rights have been granted to both public and private sector employees, the government has been implementing a series of personnel shifts that has been slowly changing the character of the public employee workforce to resemble somewhat that of the private sector with respect to private contracting.

From the Paper
"This project discusses the topic of public employees and their Constitutional rights. The specific nature of their employment contracts is examined as it relates to the popular private sector contract-at-will employment contract. While Constitutional rights have been granted to both public and private sector employees, the government has been implementing a series of personnel shifts that has been slowly changing the character of the public employee workforce to resemble somewhat that of the private sector with respect to private contracting."

Tags:constitutional, rights, employees

Abstract
This paper summarizes the debate between the Federalists and Anti-federalists of the constitutional congress. It suggests some ongoing problems in American public life which demonstrate the main issues which drove that debate, far from being resolved during the constitution's ratification, continue to resonate in current events. This paper discusses the Ratification Debate and the major issues which drove the debate between the Federalists and the Anti-federalists: Distribution of power, protection of rights, limitations of institutions and the ongoing Relevance.

From the Paper
"In the last few days of September in 1787, the Confederation Congress met to debate and construct a new Constitution of the United States. The document they wrote and sent for ratification to the thirteen states that made up the newly-formed country was intended to replace the Articles of Confederation that had ordered the nation since its inception. The nation was reaching a crisis point, as the experiment had been going poorly. Surprisingly, perhaps, the problem was not one of the many possible economic problems that new nations are likely to experience when reconstructing after a long and difficult war. As Gordon Wood (1969) argues, the general economy was running well and people felt comfortable and even prosperous (p. 395). Rather, the concerns that brought the nation's leading politicians together were primarily political. "

Tags:anti, federalists, constitutional, debate

Abstract
This paper is a book review of "Constitutional Odyssey" by Peter H. Russell. The review consists of a summary and discussion of major themes in the book. It then analyzes the strengths and weaknesses of the book and the concepts of consociational democracy that are discussed within it.

From the Paper
"Constitutional Odyssey Review In Constitutional Odyssey Peter H. Russell examines constitutional development in Canada. Russell believes that Canada used to be a consociational democracy. When discussing the constitutional history of Canada Russell states, This top-down form of democracy is thought to be most appropriate for a deeply divided society that can only be held together through accommodations reached by leaders who speak effectively for their respective segments of the community (Russell 5). Russell is suggesting that the top-down method of democracy found in a consociational democracy is perfect for a country like Canada. The reason that Canada should use this type of government is because there is no unified group of people known as Canadians."

Tags:constitutional, democracy, canada

Abstract
This paper compares of two articles dealing with the Constitutional Convention process and North-South differences. It looks at the issue of slavery and the three-fifths clause to accommodate the South. It also examines the negotiation process at the conventions and the role of James Madison.

Tags:constitutional convention

James Madison, delegates, slavery

slavery

Federalism

Abstract
The following paper briefly adumbrates ten constitutional amendments this writer believes can safeguard individual rights in America. The paper looks at the constitutions of other lands to arrive at a better idea of what revisions will serve America best. The paper concludes that American problems need uniquely American solutions.

From the Paper
"Proposing amendments to the United States Bill of Rights is a favorite activity of many Americans. With that in mind, the following paper will offer up ten amendments, in order of significance, aimed at bolstering individual rights. To perform this rather ardurous task, it is necessary - among other things - to speak with various individuals who are of voting age and of sound mind to gain their input into what amendments will most advance the cause of liberty and the pursuit of individual happiness. The paper will also review the constitutions of at least a handful of other nations with an eye towards determining which aspects of them, if any, may be worthy of incorporation into the revised Bill of Rights. Finally, this paper will conclude with a table that delineates each of the ten amendments and offers a brief explanation of the meaning and intent of each amendment."

Tags:law, constitution, america

Abstract
This paper reviews the ongoing public debate in the UK (United Kingdom) on whether or not the UK needs a written constitution. The author explains the advantages and disadvantages. The paper considers other areas of constitutional reform including establishing of an independent judicial.

From the Paper
"...an assessment of the advantages and disadvantages of a written constitution for the United Kingdom together with conclusions as the whether the United Kingdom should adopt a written constitution. = The current public debate concerning the need or ..."

Tags:Writtern/unwritten, constitution, Devolution

Abstract
The paper discusses the Fourth Constitutional Amendment that is the embodiment of the right against constitutionally improper search and seizure or deprivation of liberty through arbitrary arrest by state authorities. The paper looks at the Fifth Constitutional Amendment that prohibits the state from extracting criminal confessions from criminal suspects or from compelling them to testify against themselves at trial, the Sixth Amendment that offers the right to competent legal representation if defendants are unable to afford counsel on their own and the Eighth Constitutional Amendment that provides rights in relation to the death penalty. The paper points out that in many ways, the extensive constitutional protections afforded by the Bill of Rights interfere with efficient law enforcement efforts by the state, however, in the U.S., the magnitude of the importance of avoiding false convictions always outweighs the importance of securing criminal convictions.

Outline:
Background and History
Fourth Constitutional Amendment Protections in American Criminal Justice
Fifth Constitutional Amendment Protections in American Criminal Justice
Sixth Amendment Constitutional Amendment Protections in American Criminal Justice
Eighth Amendment Constitutional Amendment Protections in American Criminal Justice
Personal Opinion

From the Paper
"The American criminal justice system evolved gradually over the last two centuries, with a series of some of the most important changes incorporated within the last fifty years. A few decades earlier, American law enforcement policies and criminal procedure was (in retrospect) not consistent with many of the fundamental principles of the Constitution. In fact, the comprehensive application of due process protections at both state and federal level was not the law of the land until the U.S. Supreme Court began applying them to the states through the Fourteenth Amendment in broader and broader respects throughout much of the 20th century (Friedman, 2005).
"In contemporary American criminal justice policies and procedures, some of the most important rights and protections afforded to persons accused by the state of having committed crimes punishable by the state are the Fourth, Fifth, Sixth, and Eighth Constitutional Amendments. Generally, the Fourth Amendment is the basis for modern search and seizure laws; the Fifth Amendment is the basis for the rights of the accused against coerced confessions (among other things); the Sixth Amendment is the basis for the right to competent legal representation, to confront one's accuser, and to compel witnesses by subpoena on his behalf; and the Eighth Amendment is the basis for protection from cruel and unusual forms of punishment (Dershowitz, 2002; Friedman, 2005; Schmalleger, 2008)."

Tags:search, seizure, liberty, arrest, counsel, confessions, death, penalty

Abstract
This paper examines how the digital explosion has reconstituted markedly the surveillance and data-collecting behaviors of the state and federal government to the detriment of the constitutional liberties of American citizens. The areas designated as "constitutional free zones" are analyzed and the digital technologies used in surveillance of these areas are described. The paper also discusses the infringement of constitutional rights and other dangers of constitutional free zones. In addition, the paper presents dialogues with individuals, friend, students and police officers about their opinions on the movement towards zero-privacy and the breakdown of constitutional liberties.

Table of Contents:
Introduction
Constitutional-Free Zones
Digital Technology Used to Patrol Boarders and Costal Zones
Unmanned Aerial Vehicles (UAVs)
Data Collection and Retention
Automated Targeting System (ATS)
Some of the Other Border Technologies
Informal Survey of Cambridge Residents
Conclusion

From the Paper
"Some individuals maybe concerned about the increasing data surveillance techniques of private data aggregator companies. However, the greatest threat to privacy and constitutional liberties comes not from corporations but from our own government, Big Brother. Historical, but more increasingly since 9-11, our government has demonstrated that it is willing to compromise our individual constitutional rights in pursuit of nameless, unidentified, unjustified, unknown threats or terrorist."

Tags:zero-privacy surveillance border database, coastal states

Abstract
This paper discusses the Constitutional Reform Act of 2005, which enshrines in law, for the first time, a duty on government ministers to uphold the independence of the judiciary. The paper describes the history and the scope of the law, as well as its purpose. In addition, the paper discusses the Constitutional Reform Act with relation to English constitutional law and its need for reform.

From the Paper
"The scope of judicial review today is almost unrecognisable compared to that of 25 years ago, and judges are more willing to intervene to ensure that the body in question acts in a procedurally correct manner, even when such a decision may impugn on the authority of the executive. For example in the case of Anisminic Ltd v Foreign Compensation Commission , where a statutory provision seemed to exclude the courts' supervisory jurisdiction, the court, according to Wade and Forsyth, acted in a way of "total disobedience to Parliament" by recognising a broad concept of jurisdiction. Further, in the Pergau Dam case, Lord Irvine argues that the court "took away from the executive a considerable degree of autonomy" in holding that the Secretary of State's decision was unlawful. He continues arguing "it is this type of judicial activism which begins to blur the boundary between appeal and review, thereby undermining the constitutional foundations on which the courts' supervisory jurisdiction rests"."

Tags:parliament, commission, administration

Abstract
This paper first explains that, on March 2, 1801, two days before he was to leave office, the Federalist President John Adams made out scores of last minute judicial appointments, which were challenged leading to the constitutional case, "Marbury vs Madison". The paper then goes on to present several key legal questions involved in this case and the Supreme Court decision. The paper concludes that Chief Justice Marshall's classic argument in "Marbury vs. Madison" firmly established the ultimate supremacy of the Constitution for all laws held in the U.S., set up the Supreme Court's power of judicial review and authenticated the Supreme Court as a true and powerful organ of the United States government, able to provide fundamental guarantees to the basic rights of the individual and society.

Table of Contents:
Background of "Marbury vs. Madison"
The Constitutional Questions
The Supreme Court's Decision
The Constitutional Significance of "Marbury vs. Madison"

From the Paper
"If the appointment was binding, what was the proper recourse for the petitioners? Marbury and the others looked for a Mandamus from the Supreme Court, while the Jefferson Administration claimed there was no recourse.
"Was the Supreme Court the proper venue to decide this question? At first blush, it seemed clearly so, as by the Judiciary Act of 1797, and reaffirmed by the Judiciary Act of 1802, the Supreme Court was explicitly named as the body to issue acts of Mandamus. However, the Marshall court decided to review this question as part of their decision."

Tags:appointments recourse venue supremacy, judicial review