What does “We the people” mean in the constitution?
The opening words “We the People” in the Constitution makes clear that the powers derived by the new government are derived from all the people of the country rather than from the individual states (Preamble).
What is the difference between statutory law and constitutional law? Give examples.
The laws that are in writing and are codified by the legislative branch of the country are termed as Statutory Laws. If there is presence of manarchy, then the law will be set doen by a legislature or legislator and is codified by the government. Session laws and written laws can also be used interchangeably for the Statutory Laws. Labor law is an important prevailing statutory law.
The body of law that defines a relation between different entities within a nation, most commonly the judiciary, the executive and the legislative bodies is known as constitutional law. Every country is not mandatory to have a constitution according to which the country may function. Thus for those country that doesn’t have any codified constitution, they make use of some sort of documents in which certain laws are mentioned at the establishment of the nation. For example, the human rights such freedom of speech, right to petition, freedom of assembly, etc. cannot be violated by the lawmakers of the country. In case the government falls or changes, the constitutional law of a country can be changed (Common Law, Statute Law and Constitutional Law, 2006).
What is the difference between a provision and a clause? Give an example of the benefits of has these two terms.
Usually the users of law gets confused with the the difference between the terms “clause” and “provision”. Each term has several meanings because of which the legal writers sometimes use these terms interchangeably without any prior clarification (Westberg). Thus while entering into a legal agreement, it is important for the parties involved to understand each and every word in the document, including “clause” and “provision.”
every court has a set of written guidelines which are known as “rules of construction” which helps in establishing the validity of the provision of the contract. Moreover witht the help of these rules, the court is able to identify the parties’ intent in the contract. According to one guideline, it is important to interpret the meaning of written clause that is considered ambiguous with the document as a whole. While on the other hand, the other rule states that unless properly specified, words will have their ordinary meaning. Rules of construction attempt to uphold contracts whenever possible.
What is the bill of attainder, writ of habeus corpes and ex post facto law? Give examples.
Ex Post Facto Laws – the Ex post facto means “after the fact”. This clause refrains from being prosecuted for the act done by an individual which was not illegal at the time it was done, but was made illegal by Congress after the performance of the act. However it is important to note that this type of restriction applies only to Congress, not to courts of law (Robinson).
Writs of Habeas Corpus
– in this case, a challenge is made by a person who is in prison and is challenging the legitimacy of his/her imprisonment. In other words, the person is claiming that the cause of his imprisonment is the violation of some constitutional right. Note: this claim can only made in the federal court even if the individual has been convicted in the state system. Moreover it is considered as the last resort in the process of filing appellate. It generally takes place after all direct appeal options have been exhausted
Bills of Attainder: is basically an act declared by the Congress in which the attainder can be inflicted without any trial. In other words a person or group who is found to be guilty of some crime can be punished without any judicial process. They were used in the old days in England. A critical example of Bills of Attainder in US is the case: United States v. Lovett 1946 (TARANTO, 2009)
What are the commerce clause, implied powers, and necessary and proper clause?
The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). As per this clause the congress of United states shall have the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Courts and commentators are required to consider these three areas of commerce as a separate power that granted to the Congress of United States.
Though not explicitly mentioned, the Implied powers are those powers that can reasonably be assumed to flow from express powers. The legitimacy of these powers includes the “General Welfare” clause mentoned in the Preamble, the “Necessary & Proper Clause”, and the “Commerce Clause.”
The Necessary and Proper Clause, is a provision in Article One of the United States Constitution, located at section 8, clause 18.
The Necessary and Proper Clause is as follows:
The power rests with the congress in regard of making all Laws which are considered to be necessary and proper for carrying into Execution the foregoing Powers, and all the other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof (Team., 2008).
What is the difference between civil rights and civil liberties?
The human rights that are given to citizen are known as civil rights. These rights ensure a citizen’s ability to fully participate in the civil and political life of the state without any discrimination. These rights help in protecting the freedom of individuals unjustifiable violation those rights by governments and other entities.
On the other hand, the Civil liberties, help in protecting the individuals from any government actions. These liberties refrain the government from abusing its power. These rights are granted by a founding document, such as the Bill of Rights (Culhane, 2013).
What is the difference between a law, act, and a bill? Give an example.
The rules and guidelines that are set up by the social institutions to keep a check on the behavior of the organization are known as laws. It is important for all to obey Laws. Laws lays down a set of standards, procedures and principles that has to be followed.
Acts can be classified as two things: a document that records a fact, something said or something done. The law or statutes that have been enacted by the government are also referred to as “Acts”. Once the acts are passed, it becomes laws. In other words, any fact that is passed by the judicious council of the country is referred to as a law in that country.
A draft of an act that can be altered, ammended, modified, detailed and turned into an act is considered as a “Bill”. The process of converting a bill to act and then turning it to a law depends on the country and the government.
What is the difference between a rule and regulation?
The guidelines that are provided in order to help in smooth functioning of an organization and helps in maintaining peace and harmony among its people are termed as rules. Rules are also sometimes termed as an informal set of guidelines that mentions what a person has to do or what he should not do in certain situation. Regulations can be used to define two things; a process of monitoring and enforcing legislations and a written instrument containing rules that are abided by the law.
What is the difference between check and balances and separation of powers in government?
In order to prevent one branch to act as supreme, the “opulent minority” from the majority, so as to induce the branches to cooperate, the system of separation of powers employed by the government needs a way to balance each of the branches. This can be achived through a system of “checks and balances”, the credit of the origin of this system, like separation of powers itself, is specifically given to Montesquieu. Checks and balances helps to bring a trade off between one branch to limit another, such as the congress has the powers to amend the composition and jurisdiction of the federal courts. The principles of the separation of powers is applied by both bipartite and tripartite governmental systems as it allows the branches represented by the separate powers to hold each other reciprocally responsible for the assertion of powers as apportioned by law (Kelly).