Author: Eleanor Stratton
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Constitution and Campaign Ads
The First Amendment’s guarantee of free speech plays a pivotal role in shaping political advertising and campaign finance regulation. This relationship, defined by landmark Supreme Court cases, continues to spark debates about the balance between free expression and fair elections. As political ads face fewer restrictions compared to commercial ones, the influence of money and…
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Assassination of Major Party Candidate
What does the Constitution say about candidate replacement? The Constitution does not explicitly outline procedures for replacing a major party candidate if they are assassinated. This matter is left to political parties to determine their own procedures. Party committees typically play a significant role in this process. State laws can affect deadlines and requirements for…
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Constitutional Implications of Net Neutrality
Net neutrality is a subject that has sparked considerable debate, rooted in principles of fairness and open access to information. This discussion intertwines with constitutional values and the evolving landscape of internet regulation. Understanding the historical context, legal challenges, and the balance of power between federal and state authorities is crucial to grasping the full…
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Constitution and Consumer Rights
The principles laid out in the U.S. Constitution continue to shape consumer protection today. The balance between governmental power and individual rights, as envisioned by the Founding Fathers, remains a guiding force in the establishment and operation of regulatory bodies like the Consumer Financial Protection Bureau (CFPB). This discussion highlights how constitutional guidelines influence modern…
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Constitution and Military Tribunals
The United States Constitution provides a foundation for military tribunals, which play a role in maintaining military discipline and addressing offenses during war or national security concerns. Understanding the constitutional provisions, historical context, and the roles of Congress and the President is important for appreciating how military justice is administered within our constitutional republic. Constitutional…
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Constitutional Basis for Executive Privilege
Historical Origins of Executive Privilege The concept of executive privilege in the United States traces back to President George Washington. In 1792, Washington asserted that his administration would provide documents to Congress only if it served the public good. This principle became evident when the administration withheld documents related to a military expedition against Native…
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Constitution and Jury Selection
Historical Foundations of Jury Trials The concept of jury trials has ancient roots. In Greece, large juries of up to 500 men heard cases. The modern trial jury system began to take shape in medieval England during King Henry III's reign, heavily influenced by the 1215 Magna Carta. Magna Carta established that "no free man…
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Constitution and Hate Speech Regulation
The First Amendment of the U.S. Constitution protects freedom of speech and the press. This principle has been examined through various Supreme Court cases, balancing free expression with potential harm from certain types of speech. First Amendment Protections and Limitations The First Amendment states that Congress shall make no law abridging the freedom of speech…
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Constitution and Federalism Balance
Foundational Principles of Federalism in the Constitution The Constitution's framers embedded federalism into its core, ensuring a balance of power between federal and state governments. Article I, Section 8 lists specific powers granted to Congress, known as enumerated powers, which limits what the national government can do. The Tenth Amendment acts as a catch-all for…
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Third Parties in US Politics
Third parties have played a significant role in shaping American politics, often bringing critical issues to the forefront and influencing major party platforms. While they face numerous challenges, their contributions to social, cultural, and political reforms are undeniable. By examining their historical impact, the obstacles they encounter, and their influence on major party policies, we…