Abstract
This paper will seek to understand the idea of just exercise of political power in the ancient Greek, Roman, Aristotelian, and English constitutionalism. By revealing these traits of 'republican' constitutions, we can see clear examples of this form of law.

Abstract
In this article the writer examines the constitutionality of bans on same-sex marriage. The writer reports on the analytic framework at issue in a case litigating constitutionality of an issue of this nature, and reports on decisions in recent cases from courts in Vermont, Massachusetts, New York, New Jersey, and California. The writer concludes that there have been differing interpretations on this issue, but the majority of courts have ruled that there is no fundamental right to same-sex marriage, so that the ban on same-sex marriage is not unconstitutional.

From the Paper
"On the other hand, if the right does not affect a fundamental right, and is based on a non-suspect classification, it will be upheld so long as it reflects a "rational classification." Fundamental rights include those in the bill of rights. Suspect class is generally limited to race."
"Thus: is the right to marry a same-sex partner fundamental? The Supreme Court, in Loving v. Virginia, 388 U.S. 1 (1967), called marriage a fundamental right -- for a heterosexual couple.
"State courts to date have reached different conclusions. Massachusetts ruled marriage is a fundamental right, upholding same-sex marriage under the state constitution in Goodridge v. Department of Public Health (2003). (Grossman; Burge) In that case, a trial court ruled that the purpose of marriage was procreation."

Tags:spouses, gay, rights, couple

Abstract
This paper discusses how at first glance the Mexican and American constitutions, at least as they pertain to items like the distribution of legislative judicial and executive power or constitutionally entrenched federalism, are strikingly similar. However there are practical divergences between the two that need to be explored. Most notably this paper examines the differences between Mexican federalism and American federalism. Specifically while both countries explicitly provide for a federalist framework in their constitutional documents, Mexico's federalism has been historically a theoretical construct rather than a practical reality.

Tags:comparative, constitutionalism, mexico

Abstract
The paper argues that the wire-tapping program presently being operated by the United States government is, while dubious in some respects, nonetheless necessary in a contemporary world bedeviled by global terrorism. With that in mind, the paper argues that a plausible solution to government wire-tapping is for a constitutional amendment to be passed authorizing its use - but only if specific criteria are satisfied. To facilitate the argument at the heart of the paper and to contextualize an admittedly complex topic, the paper researches the provisions of the United States Constitution that are affected by wire-tapping and which, depending upon how they are interpreted by the courts, can bring an end to it. Further, the paper looks at any pertinent federal statutes that are relevant to this matter and how they are so. Proceeding further, the paper looks briefly at previous decisions of the United States Supreme Court vis-a-vis government wire-tapping and the manner in which they impact the topic. Finally, the paper presents this writer's solution for the topic as well as the social policy implications and reasons why a constitutional amendment is the best way to go. In the final analysis, the United States Constitution was never intended to act as a sort of suicide pact - and efforts to constrain the ability of the United States government to protect private citizens through wire-tapping are efforts that present a serious threat to national security and must be aggressively cross-examined.

From the Paper
"The following paper will argue that the wire-tapping program presently being operated by the United States government is, while dubious in some respects, nonetheless necessary in a contemporary world bedeviled by global terrorism. With that in mind, the next several pages will argue that a plausible solution to government wire-tapping is for a constitutional amendment to be passed authorizing its use - but only if specific criteria (such as the size or level of a threat to national security and the perceived immediacy of the threat) are satisfied."

Tags:criminal, justice, surveillance

Abstract
Conscription is often believed in principle to be either wrong, unnecessary, or both, or necessary under certain circumstances and therefore morally permissible due to them. There has also been extensive argument over the question of how exactly the clauses of the Constitution that relate to military powers and their foundations in the branches of government should be interpreted. The paper shows that this question logically leads to the examination and assessment of the intentions of those men who actually conceived of and wrote these clauses. At first, one might assume that the Framers never considered the prospect of a military draft in the United States, since its first instance in this country occurred over 70 years after the ratification of the Constitution. The paper argues that although we will never know for sure the true original meaning of the Constitution's language, there is an abundance of evidence that strongly suggests that the Framers never intended to institute a general conscription of ordinary citizens, and even that they were expressly opposed to and made efforts to guard against the implementation of conscription. The paper further argues that by using the evidence we possess of the Framers' intentions to interpret the Constitution's clauses concerning the military, as well as supporting background evidence from the time period, only one conclusion can be reasonably drawn: By applying a standard which focuses on the original meaning of the Constitution as the Framers intended it, the United States military draft cannot be considered constitutional.

From the Paper
"It appears, then, that Holzer would also likely agree that underlying the formation of American political thought in the independence and post-independence era is the philosophy of John Locke and his social contract. This contract is made possible by citizens who voluntarily give up some of their natural rights in order to enjoy an even better set of rights in a political community. These concepts are themes that we see in both the Declaration of Independence and our Constitution, which provide for the government protection of life, liberty and property that Locke advocated. This fact becomes important to the question of the constitutionality of conscription when we consider that the draft "contradicts this element of liberal democracy by demanding the possible sacrifice of one's life for one's country.""

Tags:draft, framers, tenth, amendment, Federalist

From the Paper
"Louis Henkin in Constitutionalism, Democracy, and Foreign Affairs writes about the thorny issue of the governance of foreign affairs, something that Henkin says has been neglected in constitutional jurisprudence. Henkin approaches his analysis as a way of defining issues facing constitutional scholars and courts required to adjudicate matters regarding the governance of foreign policy. Henkin sees the overall issue as one which is in what he calls the "twilight zone" of constitutional jurisprudence, plagued both by concerns raised by what the Constitution did not address and by what the Constitution did address, with the latter capable of creating as many thorny issues as the former. Henkin is critical of certain elements of the debate, but he is not one calling for a massive change or for throwing out the old organs of government because he knows that..."

Abstract
This paper examines and analyzes the constitutionality of bans on same-sex marriage. It further reports on the analytic framework at issue in a case litigating constitutional of an issue of this nature, and reports on decisions in recent cases from courts in Vermont, Massachusetts, New York, New Jersey, and California. It concludes that the ban on same-sex marriages is not unconstitutional.

From the Paper
"This paper examines the constitutionality of bans on same-sex marriage. It reports on the analytic framework at issue in a case litigating constitutional of an issue of this nature, and reports on decisions in recent cases from courts in Vermont, Massachusetts, New York, New Jersey, and California. It concludes that the ban on same-sex marriages is not unconstitutional. IS THE DENIAL OF SAME SEX MARRIAGE UNCONSTITUTIONAL? Is the denial of the right of a same-sex couple to marry unconstitutional? To hold a ban unconstitutional, it must violate the equal protection..."

Tags:constitutionality, same, sex marriage, gay

Abstract
The paper answers questions regarding the constitutionality of President Obama's speech on education to school children and corporate sponsored reward membership cards.

From the Paper
"On Tuesday, September ..., President Barack Obama delivered a controversial speech to school aged children in their classrooms after evoking a storm of criticism and questions about the constitutionality of his actions. Shown live on C-SPAN and via the White House Web site, the speech was intended to be an opportunity for the president to connect with school students, persuading them to remain in school and to consider the importance of education in planning their futures. At the same time,..."

Tags:President Obama, reward cards, constitutionality

Abstract
This paper refers to democratic theory in showing the British heritage of American constitutionalism, along with different respective developments. The argument is made that the rule of law is more important in the American case en route to explaining the role and symbolism of the Crown or the monarchy within British constitutionalism. Reference is made to contrasting influences of Liberalism and the individual premise and in relation to the more social views of the British case. Discussion ends with the suggestion of further studies involving other countries whose constitutional approaches descend from the British model to differing extents.

Abstract
.Involved Levels of the Judiciary
The Constitutionality of the Line Item veto was decided on a federal level. U.S. District Judge Thomas F. Hogan said the law, centering on its violation of Article 1, Section 7 of the Constitution, violates the Constitution's requirement that the president sign or veto bills in their entirety. Judge Hogan said that the line item veto bill also gave the President part of Congress' lawmaking role (Biskupic and Barr, 1998).
Judge Hogan pointed out two sets of challengers with
standing. In New York City, two hospital associations and other
related groups objected to Clinton's cancellation of a budget provision. This brought objections at the state and federal level. At the trial and appellate level The other case, Idaho potato..."

From the Paper
"Discussion of Clinton v. State of New York
1.Involved Levels of the Judiciary
The Constitutionality of the Line Item veto was decided on a federal level. U.S. District Judge Thomas F. Hogan said the law, centering on its violation of Article 1, Section 7 of the Constitution, violates the Constitution's requirement that the president sign or veto bills in their entirety. Judge Hogan said that the line item veto bill also gave the President part of Congress' lawmaking role (Biskupic and Barr, 1998).
Judge Hogan pointed out two sets of challengers with
standing. In New York City, two hospital associations and other
related groups objected to Clinton's cancellation of a budget provision. This brought objections at the state and federal level. At the trial and appellate level The other case, Idaho potato..."