logo

Constitutional Limitations of United States | Definitions

   

Added on  2022-08-09

14 Pages3125 Words42 Views
 | 
 | 
 | 
Running head : CONSTITUTIONAL LIMITATION OF UNITED STATES
CONSTITUTIONAL LIMITATION OF UNITED STATES
Name of the student
Name of the university
Author note
Constitutional Limitations of United States | Definitions_1

CONSTITUTIONAL LIMITATION OF UNITED STATES1
DEFINITIONS
1. The bill of attainder is regarded as a special legislative act that imposes a capital
penalty upon the individuals who are supposed to be guilty of grave crimes such as
felony and treason without convicting him in the normal path of jurisdictive
proceedings. Thus if the action imposes lesser grade of penalty other than capital
punishment it is termed a bill of penalties or pains.
2. The doctrine of present and clear danger was implemented by the Supreme Court in
the country of United States to make the determination of the situation that restrict
what can be positioned under the first amendment liberty of press, speech or
assembly. Thus the doctrine of present and clear danger applied to examine whether
the restrictions may be positioned off the freedom of speech as enshrined in the first
amendment.
3. The test of compelling government interest indicates the manner of making the
determination the legislative validity in the constitution. Thus under the examination,
the interest of governmental authority is maintained as against the constitutional
liberty of the individuals to be at liberty in legislation. Thus the compelling interest of
the government or state is the component od the examination of strict scrutiny by
what the tribunal exercising g judicial evaluation of executive and legislative
Constitutional Limitations of United States | Definitions_2

CONSTITUTIONAL LIMITATION OF UNITED STATES2
sector enactments as that hamper the constitutional liberty envisaged in the first
amendment.
4. The constitutional; liberty of privacy in the United States indicates that the personal
information of the individuals is safeguarded from the scrutiny of the public. The
privacy right is safeguarded by statutory legislation. For instance, the Health
Information Portability and Accountability Act safeguard the individuals' information
regarding health. Furthermore, the commission of federal trade reinforces the liberty
to privacy in several policies of privacy and also statements of privacy.
5. The constitutional eighth amendment in the United States refers that there is no
requirement for excessive bail neither is a requirement for the imposition of excessive
fines nor the unusual and cruel penalty imposed. It prohibited by the constitutional
amendment from inflicting harsh unduly punishment by the federal government on
the defendants who are criminals either as expenses for procurement of pretrial
release or penalty for offence after sentencing.
6. In the federal government of United States, the terminology implied power is applied
to the powers that are implemented by congress which are not approved expressly by
the constitution however deemed to be proper and necessary to execute effectively the
granted powers of the constitution. Implied power is the power that is sanctioned by
the constitution of the United States seems to be implied powers that are stated
expressly.
Constitutional Limitations of United States | Definitions_3

CONSTITUTIONAL LIMITATION OF UNITED STATES3
7. overbreadth is regarded as shorthand for the doctrine of overbreadth that provides
rules of speech that can sweep widely in addition to tat forbids non protected as well
as protected speech. The rules of speech are regarded as overbroad unconstitutionally
if it governs the considerable quantum of expression that is constitutionally protected.
The speech regulation is vague unconstitutionally if the prudent individual cannot
demarcate in between the impermissible and permissible speech as because the
complications are challenged in conveying language meaning.
8. The fourteenth and fifth amendment to the constitution of the United States
encompasses the clause of due process. The clause of due process dealt with the
justice administration and therefore, it plays as protection from the unconstitutional
denial of liberty, life and property of the governmental authority out the legislative
sanction. The Supreme Court n the country of United States intervene the clauses
widely and also concluded that the clauses facilitate four safeguards that are due
process of procedural, due process of substantive, prevention against the vague
legislation and tool for the implementation of the right of Bill.
9. The enumerated power is regarded as the particular power that is approved to the
congress by the constitution of the United States. The constitution facilitates the
series of items that the federal government or the congress cannot execute. Thus in
order to guarantee that the state management could not vest additional power to the
Constitutional Limitations of United States | Definitions_4

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents