Law College

Question 12
Strict constructionists argue that the Constitution:
Oshould be abolished altogether.
O should be implemented exactly as written.
O is meant to be a living document that evolves with the times.
O is meant to only apply to citizens.

Answers

Answer 1

Strict constructionists argue that the Constitution: should be implemented exactly as written. Option B

What are the beliefs of the strict constructionists?

The Constitution should be severely read in light of its original meaning when it was drafted, according to judicial conservatives, commonly referred to as originalists or strict constructionists.

Strict construction is a concept of constitutional interpretation that maintains that the Constitution should be studied carefully and should be the exclusive source for all interpretations and applications.

Since the national bank was not mentioned in the constitution, strict constructionists said that the government should not establish one.

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Related Questions

A written code defining a criminal act and providing the standard punishment for the crime defines which of the following?
answer choices
Statute
Case law
Federal constitution
Administrative rules

Answers

Option first is correct. A written code defining a criminal act and providing the standard punishment for the crime defines a Statute.

About Statute

A law is a formal written enactment of such a legislative body that, with the cooperation of other parties, controls the legal entities of just a city, state, or nation. Statutes often establish policy, order or prohibit certain actions. In contrast to case law or precedent, which would be decided by courts, as well as regulations issued by government agencies, statutes are rules enacted by legislative bodies.

Newly adopted legislation are issued and publicised in almost every nation so that anybody may check them up. This can be done with in shape of a government gazette, which may also contain other official government announcements, or in the form of a collection of books, the content of which is restricted to legislative actions.

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which of the following best describes earned income? all income from whatever source derived, unless excluded from taxation by law. income less reductions that are allowable, regardless of whether personal deductions are itemized. income received for services performed, including wages, commissions, tips, and generally, farming and other business income. income that is not earned, including money received for the investment of money or other property, such as interest, dividends, rents, and royalties. it also includes pensions, alimony, unemployment compensation, and other income that is not from performing services.

Answers

The statement that best describes earned income is an Income received for services performed, including wages, commissions, tips, and, generally, farming and other business income. The Option B is correct.

What is an earned income?

An earned income refers to the money received as pay for work performed, such as wages, salaries, bonuses, commissions and net earnings from self-employment. The income also includes the long-term disability, union strike benefits and payments from certain deferred retirement compensation arrangements.

An examples of income that is not considered earned income are government benefits such as payments from the Temporary Assistance for Needy Families program. unemployment, workers’ compensation, and Social Security.

Also excluded are the disbursements from pensions and retirement plans, alimony, capital gains, interest income from a bank account, stock dividends and salaries paid to inmates who work in a penal institution.

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A decision that forms a potential basis for deciding the outcomes of similar cases in the future; a by-product of decisions made by trial and appellate court judges, who produce case law whenever they render a decision in a particular case

Answers

That would be the state's supreme court or the court of equal standing; it is the highest court in that specific state. There are numerous levels of courts, including trial courts, appellate courts, and supreme courts.

These courts have different levels of authority. In a hierarchical organization, the decisions of the upper court have an impact on the lower level courts. The supreme court is often the highest court, followed by the courts of appellate , trial, and special jurisdiction. As a result, the supreme court would not be the only one affected by the appellate court's ruling. All High Courts must abide by a Supreme Court ruling. The law announced by the Supreme Court shall be binding on all courts located within the territory of India, according to Article 141 of the Indian Constitution. The judge hears the evidence, determines whether evidence is pertinent, and makes binding decisions about which facts have been proven. Since the legislation already in place contains all the information necessary for appellate , judges cannot create new laws. A court does not make a decision about a case in a legal vacuum, but rather on the basis of current regulations, which both express and guide underlying legal principles.

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this article discusses the duties and powers of congress. it also details the process for impeachment.

Answers

According to the American Constitution, the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2)

This congressional power is an essential part of the constitutional system of "checks and balances," as it was adopted by the framers. Congress accuses a federal government official of "Treason, Bribery, or other High Crimes and Misdemeanors" and then brings them to trial.Articles of impeachment must be approved by the House of Representatives with a majority vote in order to bring charges against a federal official. Before the Senate, a group of representatives known as the "managers" serve as the prosecution.The Senate acts as a High Court of Impeachment, hearing testimony, deliberating on the evidence, and then voting to exonerate or convict the impeached official. The chief justice of the United States preside over presidential impeachment trials.

Therefore, The duties and authority of congress are covered in article 1. Additionally, it describes the impeachment procedure.

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alternative dispute resolution refers to any method for resolving a dispute outside the court system

Answers

Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration.

In policy debate (also known as go-examination debate in some circuits, specifically the college Interscholastic League of Texas), the Affirmative is the crew that affirms the resolution and seeks to uphold it through growing, offering, and advocating for a coverage plan that satisfies the mandates of the resolution beyond an inexpensive doubt. by way of asserting the resolution, the Affirmative (frequently abbreviated "AFF" or "Aff") incurs the burden of proof, which should be met if the Affirmative's policy plan is to be successful. The negative facet, in evaluation, is the team that negates the confirmation. more especially, the negative (abbreviated "NEG" or "Neg") refutes the coverage plan this is supplied by the Affirmative.

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which of the following allows convicts to serve their sentences outside prisons, but under varying degrees of supervision?

Answers

Under the supervision of probation officers, they may be released on probation. allows convicts to serve their sentences outside prisons.

On the condition that they promise to behave properly, offenders may be released on probation without the monitoring of probation officers. The supervision of the offender during the remaining portion of their sentence upon release from jail is a crucial component of parole. Convicts who have been granted parole are typically subject to a number of restrictions about their lifestyle, including where they can live and work. They may also be compelled to undergo medical or mental treatment as well as drug testing. If these supervision are not met, the parole may be revoked and the offender may be sent back to jail. as well as the conditions' supervision since a probation or parole officer, to whom the released prisoner is compelled to return at set intervals, is typically in charge of probation aid and counselling. To achieve a minimum level of fairness, regular due process processes must often be followed.

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the purpose of the privacy function is to provide a user protection againsts discovery and misuse of identity by other user

Answers

It is completely appropriate to mention that the purpose of the privacy function is providing the users a protection against the discoveries and misuse of their identities by third parties. Therefore, the statement given above holds true.

A privacy function can be referred to or considered as the one wherein the utmost level of privacy is provided to a user depending upon the use-case of each individual user. It can also be stated that the primary intention of the privacy function is to safeguard the interests of the user identity and providing due protection from misuse related thereunder.

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in prosecutions initiated by the postal service, the government is free to choose the venue in which to try the case.

Answers

It is completely inappropriate for the government to choose the venue in which a trial will be conducted for the prosecutions initiated by the postal service. Therefore, the statement given above is false.

A court trial can be referred to or considered as the one wherein the hearing of a case is held. Moreover, the venue or the city is a big determinant for prosecutions under postal services. The government has to keep in mind that the trials are undertaken in the cities that have a direct connection or involvement with the case related thereto.

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The ADA does not require that employers accommodate the needs of job applicants with disabilities that are not otherwise qualified for the job. But if they are qualified except for the disability, the employer must accommodate.
*If the employer does not accommodate to the disability, they must prove undue hardship.

Answers

Title 1st of the Americans with Disabilities Act of 1990 (ADA) makes it unlawful for an employer to discriminate against a qualified employee with a disability.

The Americans with Disabilities Act ADA applies to private employers with 15 or more employees and state and local government employers. The United State Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA.

The ADA defines an individual with a disability as a person who has:

1. a physical or mentally impairment that substantially limits a major life activity

2. a record or history of a substantially limiting impairment

3. is regarded or perceived by a patron as having a substantially limiting impairment.

An applicant with a disability, like all other applicants, must be able to meet the employer's requirements for the job, such as education, training, employment experience, skills, or licenses.

In inclusion, an applicant with a disability must be able to perform the essential functions of the job the fundamental duties either on her own or with the help of reasonable accommodation.

Yet, an employer does not have to provide a reasonable accommodation that will cause undue hardship, which is significant difficulty or expense.

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when deciding marbury v. madison (1803), which of the following excerpts from the federalist no. 51 could best be used to help chief justice john marshall write the argument in favor of judicial review?

Answers

Chief justice John marshall's argument in favour of Judicial review was inspired from the words "Greatest safeguard, against progressive consolidation of various functions in one department is to equip each department's administrators with legal tools"

What was held in Marbury v. Madison?

The notion of judicial review was established in the United States by the famous Marbury v. Madison decision, which means that American courts have had the authority to invalidate statutes and laws that they determine to be in violation of the US Constitution. Marbury, which was decided in 1803, is recognised as the key ruling in American constitutional law. The Supreme Court's landmark decision formed that the United States Constitution is actual law and not just a declaration of political principles and ideals. It also helped define the line separating the executive & judicial branches of the government, which are constitutionally distinct.

As part of the political and intellectual battle between departing President John Adams & incoming President Thomas Jefferson, the lawsuit first surfaced in early 1801.

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