Category: Constitutional Topics

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…

The United States Constitution provides a framework that balances power between federal and state governments, ensuring individual liberties while promoting an orderly society. Various constitutional provisions significantly influence American education, revealing the interplay between governance, rights, and responsibilities. State Control and the Tenth Amendment The Tenth Amendment reserves powers not delegated to the federal government…

The U.S. Constitution provides a foundation for recognizing the sovereignty of Native American tribes. Through various clauses and historical precedents, it acknowledges the distinct status of these tribes within the American governance framework. Understanding this relationship requires examining key constitutional provisions, landmark Supreme Court cases, and significant federal legislation that have shaped tribal sovereignty over…

The Emoluments Clause, embedded within the U.S. Constitution, stands as a testament to the foresight of the Founding Fathers. It was crafted to protect the integrity of American governance by preventing foreign influence through gifts or benefits to federal officials. This principle remains as relevant today as it was at the inception of the republic,…