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Abortion and U.S. Constitutional Law, 2006.
Aa assessment of the Stenberg v. Carhart Case relating to abortion.
2,250 words (approx. 9.0 pages), 6 sources, $ 89.95
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Abstract
This paper discusses how, since the establishment of the case, challenges to the legitimacy of Roe v. Wade (1973) have occurred on a state level. Of these dilation and extraction abortion procedures, which are also referred to by the term partial birth abortions, have made significant headway in the courts to contest the terms under which Roe v. Wade provides protection to personal privacy in the context of abortions.
From the Paper
"The assessment of federal control over the corporal state of the American person has long been contentious. Abortion is one of the forums through which this issue is frequently expressed, as all efforts to identify whether abortion is an acceptable procedure from a moral and ethical perspective is challenged through the imposition of federal law over the woman's body. Precedent was established in Roe v Wade (1973) that limitations on abortion are unconstitutional as these are invasive controls over the woman's personal privacy. "
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English Constitutional Law, 2007.
An analysis of English constitutional law, particularly the purpose of the Constitutional Reform Act of 2005.
1,313 words (approx. 5.3 pages), 21 sources, APA, $ 44.95
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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"."
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Constitutional Law in the United Kingdom.
This paper examines the constitution of the United Kingdom, specifically the "conventions" of law, their ability to be enforced, and the superior rule of law.
1,665 words (approx. 6.7 pages), 5 sources, MLA, $ 54.95
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Abstract
This paper explains that the United Kingdom (UK), or Great Britain, is considered a democracy, which operates under a parliamentary system in which the supreme authority is held by the legislature under a figurehead sovereign, who, for all intents and purposes, does not rule but does reign. The author points out that, due to conventions, the Queen generally will not act against the advice of her ministers, but her participation is a requirement, as is her approval. The paper relates that the sources of constitutional conventions are those things that are acceptable and have been acceptable for a long time, things that society finds acceptable within the realm of its morals, beliefs, or principles, based on many years of compatibility and agreeability among the majority of society.
Table of Contents
Statement of Thesis
Introduction
Government of the UK and Great Britain
Parliament
The Legislature
The Executive
The Judiciary
The Crown
The House of Lords
The House of Commons
Political Parties
The Ministry and Cabinet
County Courts
Constitutional Conventions
Functions of Constitutional Conventions
Conclusion
From the Paper
"An act of Parliament can make changes in the constitution or a new convention being established through usage and acceptance in general. An appointed committee released a report in 1973 which makes recommendation for revisions that were major in nature. These recommended revisions would permit the constituent parts within the United Kingdom to take the reins of control of their own affairs to a much greater extent. The government is composed of the Parliament which governs in the name of the Crown or Monarchy and is considered to be supreme. The three branches of the Parliament are the Legislature, Executive and Judiciary branches."
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Abortion Movements in the U.S. today, 2000.
This paper analyzes both pro-life and pro-choice stances on the abortion issue.
1,735 words (approx. 6.9 pages), 7 sources, $ 56.95
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Abstract
This paper takes a look at both stances on the abortion issue: pro life and pro choice, defines what a movement is in terms of discourses, ideologies and practices, and concludes that movements are essential in today's society.
From the Paper
"Abortion is one of the most controversial and talked about topics of our time. It is discussed in classrooms, work places and even on the Internet. Abortion is defined as the termination of pregnancy after, accompanied by, resulting in or closely followed by the death of an embryo or fetus. This definition includes accidental abortion such as, miscarriage and stillbirths. But this is not what is being debated. People want to know if abortion is ethical, if the fetus can feel pain, and when it is more human than non-human. These questions are very difficult to answer and may never be answered in our lifetime. But one thing we as humans do know is that we have opinions, ranging from completely anti abortion (pro-life) to completely for abortion (pro-choice), and anywhere in the wide spectrum in between. Abortion is a movement that was erected almost 40 years ago. This movement has been very controversial over the years; the main reason being that it is something that there is virtually no in between. You either are, or you are not. Both movements, (pro-life and pro-choice) have been one of the most controversial movements in a political presents. The opposition feels that pro-choice does not mean Pro-abortion, it is the right in choosing whether to reproduce, adopt, or abort. It is every human being's right to make there own decisions, and so it is a woman's right to make the choices that affect her life as she sees morally right. It is a woman's right to choose what she does with her body and it should not be altered or influenced by anyone else. As you can see, there are two sides of this movement that are constantly looking for contradictions in what other believes."
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Constitutional Law, 2002.
The decisions in U.S. v. O'Brien, 391 U.S. 367, 1968, and Texas v. Johnson, 491 U.S. 397, 1989 are examined with regard to the First Amendment.
1,623 words (approx. 6.5 pages), 5 sources, MLA, $ 52.95
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Abstract
This paper discusses the First Amendment, freedom of speech. It gives two court cases to prove how as speech takes on more and more aspects of conduct, the inherent power of the government to control the activities becomes stronger.
From the Paper
"The question of expressive conduct has always been a difficult one for freedom of speech jurisprudence. This area of law involves balancing the government's power to limit conduct in order to forward its legitimate, important, or compelling interests with the protection of free speech. Freedom of speech provided by the First Amendment prevents the government from impinging upon the educational, safety valve, truth seeking, or social obligation functions of public speech (O'Connor). Never an individual right, freedom of speech allows the public as a whole the right to express publicly their opinion about the government and teach others that opinion without reprisal. As the speech takes on more and more aspects of conduct, the public good functions of freedom of speech become less central and the inherent power of the government to control the activities becomes stronger. The decisions in U.S. v. O'Brien, 391 U.S. 367, 1968, and Texas v. Johnson, 491 U.S. 397, 1989, rest on these balancing considerations.
The O'Brien case involved the burning of a Selective Service Card in front of a large crowd in order to try to influence them to join in O'Brien's anti-war beliefs (O'Brien, supra, par. 4). In the District Court of Massachusetts, O'Brien was convicted of violation of Section 462 (b) of the Universal Military Training and Service Act of 1948, which made it a crime to forge, alter, knowingly destroy, knowingly mutilate, or in any manner change the card (O'Brien, supra, par. 6). The court of appeals held this law unconstitutional, as infringing on the right to freedom of the speech, but urged conviction on alternative grounds. The court asserted that O'Brien should be convicted under 50 U.S.C. App. 462 (b) (6), a statute that allegedly made nonpossession of the card a crime (O'Brien, supra, par. 7). The United States Supreme Court accepted certiorari in order to resolve conflicts about the application of Section 462 (b) in the Second and Eighth Circuits (O'Brien, supra, par. 8)."
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Abortion in U.S., 1997.
History of abortion policy. Legal, ethical, medical, religious, social & political issues, "Roe v. Wade"; pro-choice vs. pro-life positions.
4,500 words (approx. 18.0 pages), 20 sources, $ 135.95
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From the Paper
"Abortion is one of the most controversial issues of modern times. Civilized societies rate the loss of human life as serious; unfortunately science has been unable to pinpoint definitively when life begins. Opponents of legalized abortion believe that human life begins at conception and that abortion is the intentional killing of a human being. These opponents, known as "pro-life" or "right to life" advocates, lobby in favor of the rights of the unborn. Opposing this position is the "pro-choice" stance which stresses the woman's right to choose to continue or terminate a pregnancy. Pro-choice supporters also argue that legal abortion is safer than illegal abortion and relieves the psychological and social problems associated with bearing an unwanted child. Because the pro-life and pro-choice positions in America are sharply divided along political lines.."
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Constitutional Law, 2002.
An examination of court case centered around the 4th, 5th and 6th amendments.
1,355 words (approx. 5.4 pages), 4 sources, MLA, $ 45.95
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Abstract
The writer of this paper presents a detailed examination of criminal justice law. The writer discusses the legitimacy of outcomes when the protection of the 4th, 5th and 6th amendments is removed from criminal trials. The writer uses case examples to support the paper?s position.
From the Paper
"The United States constitution provides several amendments that protect citizens in the event of their prosecution. These amendments are used for appeals purposes many times when a trial ends in a conviction. The convicted file appeals based on a belief that one of their constitutional rights were not followed. The amendments are designed to protect residents of the states from unlawful or unfair search, seizure or prosecution. If the 4th, 5th or 6th amendment were removed from the court system rights of those being tried there would be many more innocent people convicted of crimes they either did not commit or should not have been prosecuted for."
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Abortion & U.S. Govt., 1993.
Discusses when govt. should compel woman to carry a pregnancy to term. Discusses legal, social, moral and biological issues.
1,350 words (approx. 5.4 pages), 3 sources, $ 47.95
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From the Paper
"TOPIC: Under what circumstances should we permit the government to require a pregnant woman to continue her pregnancy against her will?
I. We should not treat the issue of pregnancy as we do, say, the measles or some other disease. Pregnancy may not always be a matter of choice, but it is always a question of choice of action and of personal responsibility. By this we mean that the woman had to decide to engage in certain activity in order to become pregnant, and that choice has created a life that now comes under the protection of the law. The unborn child is a human being and deserves the protection of the law. The government has not determined that a woman should get pregnant, but once she is pregnant, the government has the responsibility to protect the child."
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Constitutional Law, 2002.
Discusses two Supreme Court decisions pertaining to African Americans.
1,350 words (approx. 5.4 pages), 5 sources, $ 47.95
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Abstract
Discusses two Supreme Court decisions pertaining to African Americans. Plessy v. Ferguson and Brown vs. Board of Education. Docrine of "separate but equal" established by Plessy ruling in 1896. Issues involved. Major concerns of African Americans regarding the ruling. Action taken by the NAACP in 1950 to challenge the doctrine and establish school integration. The racial desegregation ruling.
From the Paper
"While the thirteenth amendment abolished slavery, and the fourteenth amendment created rights for the freed slaves, for far too long there was still the attempt to create an atmosphere of ?separate but equal? which existed for nearly a hundred years. What is the background that led to the final ?solution? in 1954?
The Fourteenth Amendment to the U.S. Constitution states that
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States?nor deny to any person within its jurisdiction the equal protection of the law (U.S. Const. 14th Amend.)."
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Constitutional Law, 2005.
An evaluation of applicability of various procedural barriers to Supreme Court's hearing cases.
2,070 words (approx. 8.3 pages), 1 source, APA, $ 71.95
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Abstract
This paper presents an evaluation of applicability of various procedural barriers to Supreme Court's hearing cases, and a discussion of Court's rulings in late 19th/early 20th centuries in areas of commerce clause and due process clause in economic cases.
From the Paper
"This paper discusses the applicability of doctrinal constraints which might prevent the Supreme Court from hearing and deciding the two cited hypothetical cases jurisdiction. Under Article III of the ..."
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The Issue of Abortion and Abortion Law, 2001.
This paper examines the issues of abortion and abortion law
6,015 words (approx. 24.1 pages), 20 sources, $ 142.95
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Abstract
This paper examines various aspects of abortion and abortion law such as social and ethical concerns as well as the law, and more specifically concerned to that of women's rights.
From the paper:
"While medical science is making abortion much safer for the woman, the debates and the legal battles continue unabated. In the United States, the battles rage in the courts, the Congress and state legislatures. There have even been violent confrontations in the clinics where abortions are performed. There are people in favor of giving the woman the right to abort, and people who are not prepared to allow abortion except when it puts the life of the mother in danger. In between these two extreme positions, we have people taking intermediate positions."
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Abortion Laws, 2002.
History of abortion laws in the United States and the controversy of funds available for abortion in federal agencies as well as civilian medical insurance providers.
2,400 words (approx. 9.6 pages), 9 sources, $ 89.95
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Abstract
This paper examined the historical evolution of the legalization of Abortion in the United States. The controversy over federal funding of abortion was also examined. The roles of interest groups, government agencies and the position of civilian insurance companies over the funding issue were explored, and arguments for and against the use of federal funds in abortion were also examined.
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Reconsideration of Abortion Laws, 2008.
An analysis of the problems with the current abortion laws in the United States and an argument in favor of their reconsideration.
1,111 words (approx. 4.4 pages), 2 sources, MLA, $ 38.95
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Abstract
This paper reviews the current abortion laws in the United States. It argues that the laws governing abortion need to be tightened considerably. Specifically, the paper argues that rampant abortion in the United States (and throughout the western world) is taking place at a time when more young Americans are needed, not fewer, and where the country is already facing a critical lack of human resources in many areas. It also looks at the potential physical and psychological problems for women who undergo abortions.
From the Paper
"Lastly, there are the physical and psychological effects of abortion. Most notably, there is the definitive risk that an abortion can leave a woman sterile or with other health maladies - especially in nations where medical expertise lag behind the demand for the service (Davanzo & Grammich, 27-28). Suffice it to say, a woman who is rendered sterile in this manner can become deeply depressed (particularly if she is young and childless) and mental illness can follow. As well, it is intuitive to suggest that young women who find themselves inadvertently pregnant and who seek out an abortion may have deep-seated pangs of regret later in life. As a result, American law should - in addition to either restricting or banning outright late-term abortions in all American jurisdictions - pass measures requiring psychological and medical consultations (in addition to spousal and parental notifications) before such a dramatic procedure is undertaken."
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Abortion and the Constitution, 2004.
Questions whether the Supreme Court acted irresponsibly in its landmark decision to make abortion protected by the Constitution.
5,100 words (approx. 20.4 pages), 11 sources, APA, $ 128.95
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Abstract
A discussion of why the decision set forth in Roe vs. Wade was unconstitutional. This paper is not a discussion of the author's personal views; it is instead an analysis of why the Supreme Court acted irresponsibly in its landmark decision that made abortion legal in the United States. The essay describes why the Supreme Court did not possess the judicial authority to decide the case and the flaws in their reasoning that this type of protection falls under the United States Constitution. This paper emphasizes the reasons that individual states should have the power to create abortion-related laws and protections without interference from the federal government. Also included in the essay is a discussion about how this challenge might be approached in future legal battles to overturn Roe v. Wade and a brief discussion of Norma McCorvey, aka Jane Roe, and her current opposition to the Supreme Court ruling that she helped create.
From the Paper
"The United States Constitution remains the oldest, written constitution and one of the most successful documents in history. This "supreme law of the land" also established the first federal form of government, as well as the first system of checks and balances to prevent any single branch of government from gaining too much power. Despite the ostensible simplicity of the Constitution, or perhaps because of it, the interpretation and application of this celebrated document are often the most fiercely debated topics of law. All constitutional decisions ultimately refer to the limited text of the Constitution and its amendments, rendering constitutional law the most challenging area of law due to the broad range of situations that the text is anticipated to encompass. The Supreme Court, the judicial body responsible for making such determinations, will occasionally err in its interpretation; however, history has shown that most critical errors will eventually be rectified. Both in theory and in application, I would deem the decision in Roe v. Wade to be an ideal example of the occurrence of such errors. In what was undoubtedly one of the Supreme Court's most controversial rulings, the Roe v. Wade decision declared that abortion was a right guaranteed by the U.S. Constitution under an implied right to privacy. The deficiencies of this landmark decision are not a question of morality. In my eyes, the Court's reasoning had a detrimental effect on the very structure of the Constitution and subsequently on individual rights."
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