Author: Eleanor Stratton

Constitutional Basis and Historical Origins Article II, Section 2 of the U.S. Constitution grants the President the power to “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This clause establishes the President’s authority to show mercy by relieving individuals of federal crimes’ legal consequences. The roots of the…

Judicial activism in environmental law presents a complex interaction between the judiciary and other branches of government. The U.S. Constitution delineates specific roles for each branch to maintain balanced governance. Recent cases like Juliana v. United States and Held v. Montana highlight the judiciary's involvement in climate policy, raising questions about the separation of powers…

Historical Foundations of Economic Inequality in the Constitution The U.S. Constitution, crafted during a period of significant political thought, aimed to create a balanced governmental system. The drafters incorporated certain economic principles while avoiding direct redistributive policies, focusing instead on property rights and commercial regulation. James Madison, Alexander Hamilton, and other framers envisioned a government…

Technological Threats to Democracy Automated systems in patient care, hiring, and credit decisions raise constitutional concerns. These systems can be unsafe, ineffective, or biased, potentially propagating inequalities or introducing new forms of discrimination. Unregulated social media data collection often infringes on privacy by tracking individuals' activities without consent. Clearview AI exemplifies this issue, with law…

Historical Context of Miranda v. Arizona In 1963, Ernesto Miranda was arrested in Phoenix, Arizona, for rape and kidnapping. During a two-hour interrogation, police never informed him of his right to remain silent or his right to an attorney. Miranda signed a confession, which became central to his conviction and 50-year sentence. Miranda's lawyer appealed,…

Throughout American history, the tension between national security and civil liberties has been a persistent issue. From the TSA to the USA Patriot Act, each measure reflects an ongoing struggle to balance safety with freedom. This article examines how historical events, legislative actions, and judicial decisions have shaped this equilibrium. Historical Context of National Security…

Locke's Philosophy and Natural Rights John Locke, a key figure of the Enlightenment, significantly influenced the American Constitution. His philosophy centered on natural rights: life, liberty, and property. Locke argued these rights were inherent and unalienable, requiring protection by governments. Locke's concept of natural rights emphasized that everyone was born into a state of perfect…

Historical Context of Privacy Rights American jurisprudence has long wrestled with the concept of privacy, tracing its roots back to common law. William Blackstone emphasized natural rights like personal security and liberty, which included life and body integrity. The modern concept of privacy rights emerged with Warren and Brandeis’s 1890 article, introducing the “right to…