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Is the U.S. Constitution Color-Blind?, 2007.
An analysis of the degree to which the U.S. Constitution may be said to be "color-blind".
1,535 words (approx. 6.1 pages), 4 sources, MLA, $ 50.95
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Abstract
This paper explores the degree to which the U.S. Constitution may be said to be "color-blind". It argues that the Constitution is not color-blind because it permits many instances of bigotry to go unchecked in private life. To bolster this claim, the paper places a great deal of emphasis upon the work of Dr. Neil Gotanda, entitled A Critique of "Our Constitution is Color-Blind". The paper also focuses on the controversial case of Plessy v. Ferguson (1896) in which racism was seen to be upheld by the U.S. Supreme Court despite the eloquent protests of one of the presiding Justices.
From the Paper
"Gotanda also insists that the First Amendment - specifically its Freedom of Speech Clause - has been used by the federal courts to strike down government efforts to outlaw "racial domination". What Gotanda appears to mean when he talks of "racial domination" is that recent years (Gotanda was writing in the early 1990s) have seen the "resurgence" of racist speech on university campuses after decades of determined effort by non-whites to wrestle back control of the image-making process from Caucasians. As a result, racially motivated speech which defames - or at least casts in a negative light different - groups has been protected by a Constitution that is allegedly "non-racial" in construction. In any case, Dr. Gotanda, if this writer understands him correctly, is putting forward the notion that American society has always been dominated by Caucasians and, therefore, permitting racially-offensive discourses on university campuses allows the dominant group in society to continue to articulate views supporting invidious distinctions between races without fear of any disciplinary action being taken. In other words, whites have crafted negative images of non-whites since the founding of America and this group, so powerful in the media, in the judiciary and even still in academia, is allowed to continue on with making negative distinctions because the Constitution - written as it was and amended as it has been by (predominantly) Caucasian males of property and significance - permits it."
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The U.S. Constitution and Information Policy, 2006.
A review of the impact that the U.S. Constitution has had on the Internet.
1,157 words (approx. 4.6 pages), 4 sources, MLA, $ 39.95
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Abstract
This paper takes a look at how the U.S. Constitution uniquely set the foundation for, and precedents from, the meteoric growth of the Internet globally. The paper goes on to discuss how the First Amendment, which promises Freedom of Speech, and the Fourth Amendment, which provides for the protection of a person's property from search and seizure without probable cause, have both had a substantial impact on the Internet.
Outline:
First Amendment Implications on the Internet
Fourth Amendment Implications on the Internet
Government and Workplace Monitoring
From the Paper
"The second dynamic occurring today relative to the U.S. Constitution is the testing of the Fourth Amendment in light of the terrorist attacks in the United States. The Fourth Amendment states that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause" (U.S. Constitution, 1791). Yet today there is more monitoring, watching, logging, data mining and analyzing of Internet activity than ever before. In a recent survey 30% of companies are now monitoring their employee's activities in e-mail, on the phone, and over the Web. "
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The U.S. Constitution, 2007.
A look at Article II of the U.S. Constitution and the powers of the executive.
3,100 words (approx. 12.4 pages), 10 sources, APA, $ 90.95
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Abstract
This paper reviews the doctrines of 'separation of powers' and 'checks and balances' and explains how Article II and other parts of the Constitution provide broad powers to the executive. It also discusses the ways in which U.S. Presidents have used these powers and exploited their position to strengthen the executive branch and deny other branches of the government.
Outline:
Jeffersonian Perspective on the Concentration of Powers
How & Where are "Separation of Powers" & "Checks and Balances" Incorporated in the Constitution?
Ways in Which Article II Gives the President Wide Ranging Powers
Executive Power as Check and Balance
The Power Grab by the Executive
Conclusion
From the Paper
"Among the Founding Fathers, Thomas Jefferson was perhaps the most suspicious of concentration of powers and took the concept of 'separation of powers' most seriously. Even though, powers of the legislative branch (the Congress) were of most concern at the time of the framing of the Constitution, Jefferson had enough wisdom and vision to foresee that the executive had the most room for "doing mischief" in the future. Hence, he was unhappy about the lack of term limits for the president in the original US Constitution; he feared that in time, the president would become "an officer for life," more like an elected monarch rather than someone the public had temporarily placed their trust in to do good for them."
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The Miracle of the U.S. Constitution, 2007.
This paper discusses the difficulties involved in the formation of the U.S. Constitution.
1,732 words (approx. 6.9 pages), 3 sources, MLA, $ 55.95
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Abstract
This paper relates that American biographer, Catherine Drinker Bowen, calls the process of creating the US Constitution a miracle because of the many huge obstacles that had to be overcome during this process. The paper discusses Bowen's and other authors' details of the various oppositions, conflicts, debates, prejudices and other problems that had to be surmounted in order to form the new nation. The paper concludes that the US Constitution remains the heart of the American system and the guide for making decisions about legal, social, political, and economic matters.
From the Paper
"Bowen notes at the conclusion of her book that the Constitution was adopted in less than ten months "under the influence of local prejudices, opposite interests, popular arts, and even the threats of bold an desperate men," and that this was "a solitary event in the history of mankind" (Bowen, 1966, p. 310). What she writes in the body of her book are the details of the various oppositions, conflicts, debates, prejudices, and other problems that had to be overcome in order to form the new nation."
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The U.S. Constitution, 2004.
This paper discusses the four competing plans - the Virginia Plan, the Pinckney Plan, the New Jersey Plan, and the Hamilton Plan ? which led the framers of the U.S. Constitution to strike a balance called the "Great Compromise".
910 words (approx. 3.6 pages), 7 sources, APA, $ 32.95
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Abstract
This paper explains that, instead of simply amending the Articles of Confederation, the Virginia Plan proposed an entirely new system by calling for a powerful national government consisting of three branches: executive, legislative, and judicial with a two-house legislature. The author relates that the Pinckey Plan was based on many of the same principles of the Virginia Plan, but wanted the election of the members of the House of Representatives by the state. The paper stresses that New York delegate Alexander Hamilton, displeased with the Virginia and New Jersey Plans, advocated virtually doing away with state sovereignty.
From the Paper
"Roger Sherman from Connecticut proposed the Great Compromise to settle the differences between supporters of the Virginia Plan and the New Jersey Plan (The Constitutional Convention). Sherman?s plan called for a Congress with two houses, the Senate and the House of Representatives. The Senate would give equal representation to all of the states with each state having two senators that would be chosen by the state legislature. However, The House of Representatives would base representation on a state?s population and members would be elected by all of the voters in the state."
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Comparison of Nevada and U.S. Constitutions, 2005.
State constitutions tend to show deviation from the structure of federal rule maintained by the U. S. Constitution. In the case of the Nevada State Co...
675 words (approx. 2.7 pages), 2 sources, $ 26.95
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Abstract
The paper explains how state constitutions tend to show deviation from the structure of federal rule maintained by the U. S. Constitution. The paper describes how, in the case of the Nevada State Constitution, there is ample evidence that this document sets forth a policy of law that is far more democratic in tone and in application than the constitution. The paper further discusses how there are strong similarities between the two documents, both, for example, stress the rights of the citizenry and even focus on issues such as the right to assemble and a citizen's ability to refuse to quarter other citizens in their homes upon order from the government.
From the Paper
"It is generally understood that the United States is built upon the principles of democracy, in which the majority consensus of the citizens helps to define the shape of issues or elections. However, in assuming that the Constitution - the document upon which such practices are founded - is inherently democratic is only partially accurate. Indeed, it has been frequently argued that the U. S. Constitution is representative of the rule of law from a federation as opposed to a pure democracy; in a federation, elections occur among the majority of the citizenry but this process results in elected officials who then determine the direction of the country. In short, a federation transforms a democracy from the rule of the many back into the rule of the few, with the "few" in this sense being the elected officials selected through an elections process."
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The U.S. Constitution, 2005.
Presents an overview of the United States Constitution, including its history and current issues.
4,000 words (approx. 16.0 pages), 14 sources, MLA, $ 108.95
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Abstract
The primary objective behind the creation of a written constitution was to lay down the foundations for a strong and well-disciplined central government to counter the effects of the years of unrest and chaos that had been caused by the ?Articles of Confederation and Perpetual Union? that had been serving as the means of governing the number of independent colonies of the U.S.A. from the year 1778 onwards. This paper examines the history of the U.S. Constitution, including the years leading up to its creation and the ideas that were influential in creating it. It looks at the changes that took place through the years and the effect of federalism. The paper also looks at problems facing the Constitution today.
From the Paper
"This concept meant that the national and the state governments, though vested with separate powers, must co-operate with one another to deal with the numerous economic and social problems of the people. This co-operative federalism lasted from the 1950?s to the 1960?s, and one of the foremost duties of these intergovernmental relationships was for the federal government to grant aid to the states for some important reasons that would be mutually agreed upon. For example, the building of the interstate highways in several states for which the federal government bore more than 90% of the expenditure, and also gave valuable expert advice on the technicalities of the construction, and also set up new standards for the building of more roads in America. In this manner, American federalism can be defined as an ongoing and continuing process of political and economic as well as administrative aspects that influences the American government even today."
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Differences between the Articles of Confederation and the U.S Constitution, 2002.
This paper compares the two constitutions under which the United States has worked.
1,030 words (approx. 4.1 pages), 2 sources, MLA, $ 36.95
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Abstract
A detailed comparison of the Articles of Confederation effective between 1781-1788 and its replacement, the U.S Constitution. The author discusses the need to replace the Articles of Confederation with the constitution and then analyzes these constitutions point by point finding that the number of differences are more than the number of commonalities.
From the Paper
"The United States has worked under two constitutions. The first was the ?The Articles of Confederation? which was ratified by Maryland, and was effective from March 1, 1781 till June 21, 1788. The second was ? The Constitution?, which replaced the Articles of Confederation when New Hampshire upheld it. A day, which changed the history of the Americans, is July 4, 1776. This is the day on which the members of the Second Continental congress signed the Declaration of Independence, which is not very commonly known but has its own importance. It is on this date the September 17, 1787 on which the constitution was signed. So it is this Constitution that actually founded the government that we are familiar with today. But surely there was a government in the years in-between."
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John Stuart Mill and the U.S. Constitution, 2002.
Discusses his ideas of individual liberty.
1,125 words (approx. 4.5 pages), 5 sources, $ 39.95
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Abstract
Discusses his ideas of individual liberty. Personal liberty versus government rights. Struggle between liberty and authority. Limits to personal sovereignty. U.S. Constitution and the separation of powers. Prevention of tyranny. Pragmatic approach to people's pursuit of happiness. Christian nation concept. Need for minority as well as majority views.
From the Paper
"ON LIBERTY, 'INDIRECT PRAGMATISM', ETC.
John Stuart Mill is usually considered the greatest of the Victorian Liberal thinkers. Utilitarianism was his creation. As a defender of individual liberty against the interference of both society and state, and as an early advocate of women's equality, Mill continues to be of major significance especially as we continue to wrestle with the ideals and the constraints of personal liberty versus government rights. In On Liberty, Mill develops the principle that only self-protection can justify either the state's tampering with the liberty of the individual or any personal interference with another's freedom - He sees the struggle between liberty and Authority to be the most conspicuous one in history. It seems, in further reading On Liberty, that Mill is not in favor of unbridled liberty, but liberty with
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Gender and Exclusion in the U.S. Constitution, 2002.
This essay examines the privileging of heterosexual norms and traditions in the renowned case of "Bowers v. Hardwick".
824 words (approx. 3.3 pages), 2 sources, MLA, $ 29.95
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Abstract
This paper examines how the Supreme Court?s decision negating ?a fundamental right to engage in homosexual sodomy? is rooted not in legal tradition but in an implicit need to preserve Judeo-Christian and heterosexual values. By looking at the reasons behind the Bowers v. Hardwick decision, this paper studies how the law is often used as a double-edged sword, to enhance the privileged position of certain groups of society at the expense of the needs of others.
From the Paper
"Bowers v. Hardwick centers around respondent Hardwick, who was arrested for violating the Georgia statute prohibiting acts of sodomy between homosexuals. Hardwick then brought suit in Federal District court, asserting that by criminalizing consensual sodomy in the privacy of the bedroom, the Georgia statute violated the constitutional right to privacy (Bowers v. Hardwick). Hardwick charged that homosexual activity is ?a private and intimate association? and should therefore not be subject to state regulation, as guaranteed by both the Ninth and Fourteenth Amendments. The Federal Court upheld Hardwick?s argument, but the case was remanded to the Court of Appeals and eventually, to the Supreme Court (Bowers v. Hardwick)."
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The U.S. Government, 2006.
This in-depth paper examines the various branches of the U.S. government while also analyzing the Bill of Rights and the U.S. Constitution.
4,327 words (approx. 17.3 pages), 11 sources, MLA, $ 114.95
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Abstract
This well-researched paper explores the term democracy, while focusing on the general makeup of the U.S. government. The writer contends that democracy is a government by the people, for the people, run directly by them or through their duly elected representatives. This paper details the history of the American voting system, which is a key activity of a modern democracy. The writer of this paper discusses and cites various portions of the the U.S. Constitution and the Bill of Rights, which establishes the legislative branch of the government. This paper examines the historic events that led to the 1776 War of Independence between America and Britain. This paper briefly discusses the current political climate in America, while also supplying a brief overview of the democratic and republican platforms.
From the Paper
"The downward trend of less party affiliation and less party voting proceeded from the simple argument that one did not need to be a Republican or a Democrat to pave a road. Those who favor nonpartisan elections claim that the job of a member of the city council is not to debate on national issues but to maintain the neighborhood part, keep it clean and fix occasional potholes and these functions do not need partisan solutions. Nonpartisan election was a reform introduced by the Progressive Party at the turn of the 20th century. The Progressive Party wanted city governments to respond more to community needs and less to self-interested party manipulation. Non-partisan elections would remove party influence from the race; allow candidates who do not need to adjust their ideas to the approval of parties to run; and compel voters to search out more information on a candidate. Advocates say that a more active and informed citizenry would increase voter turnout."
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The Presidency of the U.S. Government, 2002.
Looks at the original intentions of the framers of the U.S. Constitution with regard to the role of Congress.
650 words (approx. 2.6 pages), 2 sources, $ 26.95
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Abstract
The framers of the U.S. Constitution intended to assign more power to Congress than to the presidency. Bearing in mind that Americans had waged revolution against monarchy, the framers intended to put a check on presidential power and gave Congress the power to override a presidential veto and to impeach and remove a president. However, the history of U.S. politics reveals that the presidency is a constraining force on Congress and presidents have frequently used the constitutional power to veto legislation passed by Congress.
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The U.S Supreme Court, 2002.
An analysis of the U.S Supreme Court and their impact on the constitution.
1,935 words (approx. 7.7 pages), 7 sources, MLA, $ 61.95
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Abstract
This paper examines the constitution against the decisions of the Supreme Court and evaluates how the meaning of the U.S. Constitution has been shaped by the personalities, philosophies and composition of the members of the U.S. Supreme Court. The writer compares and contrasts two U.S. Supreme Court Justices with different philosophies of law and interpretation. The paper covers the theory and cites specific case examples and their impact on the United States.
From the Paper
?We live in what is supposed to be the best nation on earth. We have freedoms that many do not have and we have opportunity that many never see. This country is one that embraces diversity and personal rights. While we have all of these things we have also reached a point in our existence where there are so many people and so many diverse ideas that its difficult to sort out what is and isn?t a constitutional right sometimes. The Supreme Court is often charged with making those decisions, which outs the Supreme Court in the position of not only interpreting the constitution but also shaping it as well by its decisions and rulings.?
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The U.S. Supreme Court and Politics, 1998.
A discussion of the various topics that the U.S. Supreme Court deals with.
1,670 words (approx. 6.7 pages), 3 sources, $ 54.95
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A detailed examination of the U.S. Supreme court and the type of matters it addresses. The author argues that issues of politics and political controversies should be taken into account by the supreme court as often they form constitutional issues, and supports this view by emphasizing the chief objective of the U.S. supreme court: to preserve the principles and rights guaranteed in the U.S. Constitution. The paper includes an analysis of various politicians and an explanation of the roles of the supreme court and judiciary.
From the Paper
"When political beliefs and thoughts evolve into law, often times, constitutional issues arise alongside. Although the U.S. Supreme Court has the license to decide whether or not to adjudicate matters involving hot political topics, past history has indicated that the Court has not been inclined to evade such questions, but rather, to thoroughly delve into such controversies. As a staunch Federalist, Alexander Hamilton had strong beliefs and ideas as to how the infant U.S. government should be set up and efficiently run. As opposed to Thomas Jefferson?s notions on the importance of strong state governments, Hamilton believed in the superiority of a powerful central government body. He set forth his political views in the Federalist papers, examining all aspects of government and focusing on the role of the judicial branch in numbers 78, 79 and 80."
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U.S. Carrier Operating in Chapter 11 Bankruptcy, 2006.
This paper discusses whether the protection afforded to a U.S. carrier operating in Chapter 11 bankruptcy has a negative impact on the overall air transport industry.
4,775 words (approx. 19.1 pages), 12 sources, MLA, $ 122.95
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Abstract
This case study looks at the impact of Chapter 11 protections on the airlines requesting the protection and also at the financial impact on the overall airline industry. The writer discusses Chapter 11-bankruptcy protection that has been seen as a lifeline for companies on the verge of total financial collapse. The writer explains that the protection given by U.S. Constitution allows companies another chance to reorganize while being protected from meeting normal financial and operating obligations.
Outline:
Statement of Problem: Issues to be studied
Background
Bankruptcy
Types of Bankruptcy
Chapter 7 Bankruptcy
Chapter 11 Bankruptcy
Other Types of Bankruptcy
Pre Deregulation Days Practices
Deregulation of Airline Industry in USA
Impact of Deregulation
Analysis
Post 9/11 Crises and their Impact on Air Travel Industry
Chapter 11 Protection Role in Supporting Sick Airlines
Assessment of Chapter 11 Protection on Airlines Industry
Related Issues
Discussions & Conclusions
Bibliography
From the Paper
"The word bankruptcy comes from Latin 'bancus ruptus' which means broken bench. The roman custom allowed the creditors to smash the trading counter of the debtors to vent their anger. In 17th century England the debt defaulters were treated as criminals and thrown in the dungeons or given a death sentence. The punishment under the modern laws is not so hard and both debtors and creditors have rights under the bankruptcy proceedings.
In United States bankruptcy is a federal subject. States are not allowed to regulate the bankruptcy although they can make rules for debtor-creditor relationship. Bankruptcy law is contained in 'Title 11 of the United States Code'. It allows a debtor in financial problems to equitably divide his assets among the creditors. The 'straight bankruptcies' or liquidations distribute available assets among the creditors and release the debtors of any further obligations, even if the debts are not paid in full."
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