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Papers On Supreme Court & Constitutional Law
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The Origins Of The U.S. Constitution
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This 15 page overview explores the origins of the Constitution. Included are references to John Locke and Baron de Montesquieu who supported the theory of civic humanism. Also discussed is the applicability of earlier documents such as the Magna Carter and the Mayflower Compact. A discussion of constitutional amendments and how concepts have changed over time is also included. Bibliography lists 15 sources.
Filename: Consorig.wps
Personal Property & The Constitution
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A 6 page paper looking at James W. Ely, Jr.,'s book The Guardian of Every Other Right, together with Charles Reich's article 'The New Property.' The paper looks at the issue of property rights from a historical standpoint, concluding with Reich's ominous warning that the government has invisibly robbed us of the most precious property we have -- our independence. Bibliography lists 3 sources.
Filename: Persprop.wps
The 14th Amendment and Women's Rights
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A 7 page paper discussing the 14th amendment to the U.S. Constitution. The writer discusses the context of this amendment in current times as it relates to equality, women's rights, relevant social programs, etc; It is ultimately concluded that although the 14th amendment is the first step towards social reform, and equal rights for all citizens, it will be a long time before those discriminated against -- women, homosexuals, blacks, and other minorities -- are truly considered equal. Bibliography lists 7 sources.
Filename: 14tham.rtf
U.S. Constitution / Book Reviews
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6 page comparison of two texts dealing with the U.S. constitution; 'The Clash of Issues' by Burkhart, Krislov and Lee and 'Democracy Under Pressure' by Cummings and Wise. Authors touch on such subjects as the framework of democracy, the Federal system, American Civil liberties, and political parties.
Filename: Constbok.wps
NATIVE AMERICAN RIGHTS VERSUS FEDERALISM
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This 5-page paper is an argumentative essay regarding the Seminole Indian tribe and gaming operations on reservations in Florida. Taking the case of Seminole vs. Florida, the essay argues that the tribe had a right to sue the state for refusing to negotiate in good faith on an expansion of gaming regulations, and that the Supreme Court ruling in favor of Florida (stating sovereinty issues) was incorrect. Bibliography lists 6 sources.
Filename: MTnacasi.rtf
McCloskey's 'The American Supreme Court'
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A 5 page paper analyzing Robert McCloskey's book. Our nation was founded on the principles underlying fundamental laws that assure the rights of the people of the nation. The Supreme Court is charged with protecting those fundamental laws, but also with preserving popular sovereignty, which is the freedom under which we live. Because popular sovereignty is such an overriding factor in the justification of the Supreme Court, we likely will continue to have controversy stemming from the rights of the government versus the rights of the people.
Filename: Mclos.wps
Supreme Court Case Gregg v. Georgia /Argument for Petitioner
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An 8 page argument for petitioner prepared for a moot court debate (re-argument of Gregg v. Georgia) and focusing on the arbitrariness of Georgia's death penalty statute. The writer argues that Georgia's capital punishment sentencing procedure is unconstitutional with reference to the 8th and 14th amendments of the constitution despite changes which have been implemented since Furman. No Bibliography.
Filename: Gregg.wps
Search and Seizure
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A 10 page discussion of search and seizure in regard to Fourth Amendment rights. Reviews recent Supreme Court rulings and illuminates the fact that search and seizure encompasses many more complexities than our popular perceptions of uniformed police officers completing drug raids. Search and seizure can involve our children and even drug testing of our own bodily fluids. Discusses the propensity for police corruption and the need not only for Supreme Court oversight but also for internal rules and structure to ensure the continued protection of our Fourth Amendment rights. Bibliography lists 8 sources.
Filename: PPSearch.wps
The Fourth Amendment / Its Relevance To The O.J. Simpson Case
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A 5 page overview of the Fourth Amendment and its Relevance to the Search and Seizure involved in recovering evidence in the recent O.J. Simpson murder trial. Bibliography lists 5 sources.
Filename: 4thoj.rtf
Rawls v. Locke / Right to Property
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A 7 page comparative essay on the argument by looking at Locke's discourse on property rights of individuals and Rawls' response to the basic sections. The paper issues an opinion that the argument is so divese it has no remedy on middle ground. Two sources cited.
Filename: Property.wps
Conflicting Laws Add To Confusion In Prison Reform
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A 5 page paper that discusses the fact that Furman v. Georgia (1972) and Gregg v. Georgia (1976) findings have led to many opposing dictates in regards capital punishment. Among other cases, they are the basis of how prisoners are treated by the justice system, especially those awaiting execution on death row. However, these opinions have extended to treatment of all incarcerated prisoners, mostly related to medical treatment of prisoners. Bibliography lists 5 sources.
Filename: Furgregg.wps
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