Constitutional Limitations on Criminal Conduct Assignment

This assignment delves into the constitutional limitations imposed on criminal conduct within the United States legal system. It begins by defining crucial legal terms, including 'bill of attainder,' 'clear and present danger doctrine,' 'compelling government interest,' and various constitutional rights such as privacy, freedom of expression, and religion. The assignment also covers the implications of the First and Fourteenth Amendments, the concept of 'ex post facto' laws, and the complexities surrounding 'obscenity.' Furthermore, it addresses the principles of due process, equal protection, and the application of judicial review in cases concerning criminal law. The document examines the 'right to die,' the 'right to keep and bear arms,' and the application of the 'rational basis test' and 'strict scrutiny' in legal contexts. The assignment explores concepts such as 'fighting words,' 'hate speech,' and 'imminent lawless action.' The provided definitions are essential for understanding the boundaries of legal conduct and the protection of individual rights under the U.S. Constitution.

Running head : CONSTITUTIONAL LIMITATION OF UNITED STATES
CONSTITUTIONAL LIMITATION OF UNITED STATES
Name of the student
Name of the university
Author note

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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

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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.

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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

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people the framers of the constitution enumerated what the congress permitted to
execute that are termed as delegated powers or enumerated powers.
10. The phrase equal protection in the legislation as enumerated in the fourteenth
amendment of the constitution of United States necessitate the federal states ensure
the similar privileges, rights and safeguards to all individuals. The doctrine
strengthens the legislation that unconstitutionally made disparity against anyone.
Thus the clause of equal protection necessitates the nations to exercise equal
protection and direct the nations to regulate impartially.
11. The ex post facto legislation establish illegality an action that is construed to be legal
if at the time of commission enhances the punishment for infarction after the
commission of the same or alter the doctrine of evidence to simplify the conviction.
Thus the particular law that alters retroactively the legal impact of an act that was
caused or connections that happen before the law enactment.
12. Fighting words as described by the Supreme Court in the case of Chaplinsky v. New
Hampshire, 315 US 568 (1942) the words that by their utterance impose harm or lead
to provoke instantaneous violation of peace. The fighting words are designated as a
branch of speech that is held to be undefended by the first amendment of the
constitution.

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13. The first amendment of the constitution of the United States held that no legislation
that respecting the creation od religion or else forbidding the liberal practice or
abridging the liberty of speech or the press or the liberty of the individuals to
assemble peaceably in addition to that to appeal the government for grievance
redressal. The first amendment to the constitution is significant for balancing the
independent government. The liberty of press, speech and assembly in addition to that
the liberty to appeal the governmental body and seek grievance redressal proclaiming
that the individuals have the liberty to appeal the government to explanation.
14. The fourteenth amendment to the United States Constitution which was approved in
the year 1868 and also approved citizenship that all individuals naturalized or born in
the country of United States that involve formal slaves who are recently liberated.
Furthermore prohibiting the states from denial to individuals liberty, life or property
devoid of due procedure of legislation denial to individuals within the dominion the
equal safeguards of legislation.
15. The freedom concerning expression and religion that are guaranteed by the first
constitutional amendment. It prohibits Congress from limiting the religious practice
of the individuals and also for the advancement of one religion above others. It
ensures the liberty of expression by forbidding the congress from limiting the
individual’s right to express freely. It also ensures the citizens right to accumulate
peaceably and also appeal to the government.

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16. The freedom of religion is safeguarded by the first constitutional amendment of the
United States that forbids the legislation creating national religion or obstructing free
religious practice for the citizens.
17. The supreme court of the United States has determined that fundamental rights are
not stated explicitly in the constitution as the presupposition of the innocent
individuals in the criminal proceedings in addition to that liberty of free movement.
The court provides the remedy to the individuals whose rights guaranteed in the
constitution has been infringed.
18. The hate speech in the country of the United States is not governed nevertheless most
of the liberal democracies because of robust liberty of free expression that is
guaranteed in the constitution of America. The supreme court of the United States
ruled out that the hate speech is legitimately safeguarded free speech under the first
constitutional amendment.
19. The action that is imminent lawless is the standard that is recently applied and found
by the supreme court of the United States in the case of Brandenburg v. Ohio, 1969
foe describing the restriction of liberty of speech. The legal points that establish the
provocation of imminent action that are lawless are advocacy of criminal or force
action which does not obtain the protection of amendment if the advocacy directed of
producing lawless action and is likely to produce or incite the action.

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20. The implied power are the powers that are practised by the congress despite not
having granted expressly by Article 1 of the constitution of the United States. The
legislation enacted under the implied power and reasonable by the clause of elastic
are hotly debated and controversial.
21. The clause of interstate commerce is designated as enumerated power that is listed in
the constitution of the United States. It is stated by the clause that congress of united
states has the authority to make regulation of commerce with worldwide nations.
22. Judicial review is determined as the power of the supreme court of united states to
make decisions as to whether the decision or law by the executive or legislative sector
of state government or the agency or court of the federal government is held as
constitutional.
23. The obscenity is an act or utterance that offends strongly the prevailing morality of
that period. The laws regulating obscenity concerned with disgusting or filthy
languages or indecent pictures.
24. The police power in the constitutional law of United States is designated as the
capacity of the nation to govern the conduct of the individuals and also implement
order within the territory for upgrading the safety, health, morals and general
wellbeing of the citizens.

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25. The legality principle in the United States indicates to the principle that the
individuals may not be impeached under criminal legislation that has not published
previously.
26. The public forum is designated as the place have a tradition that is long-standing of
being applied for is associated historically or dedicated by the act of government to
freely practice the liberty to speech and assembly and also public debate.
27. The test of rational basis applied in the United States for making the determination
whether the government regulations or the law or act that infringes the clause of equal
protection. The test is applied in most of the situation such as examining economic
regulations.
28. The right of the individual to refuse medical procedures to lengthen life such as
mechanic ventilation, nutrition or hydration particularly in the situation of fatal
illness. The liberty of the individuals who are convicted of a capital offence to denial
to resist through appeals and the imposition of the state of capital punishment.
29. The right to bear and keep arms designate as the right of the individuals to retain
weapons for self-defence. Thus right to bear and keep arms is the fundamental right
of the United States that is safeguarded by the second amendment of the constitution
of the United States.

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30. The patient everyday face decision on whether to position themselves over medical
treatment. The liberty of the individual to refuse medical treatment goes side by side
right of the patient to informed consent.
31. The strict scrutiny is the manner of the jurisdictive review that is applied by the court
of the United States to make a determination of constitutional validity of certain
legislation.
32. Symbolic speech is the term used in the legislation of the United States to make the
description of an act that discernibly and purposefully transmit the particular
statement or message to ones who are viewing it.
33. The dictionary named Merriam Webster designates the restriction on time, place and
manner as the limitation on the place, time and manner of speech and expression that
is reasonable when it is impartial as to the content and also caters significant interest
of the government and also leaves alternative communication channels.
34. Treason in the United States is regarded as criminal disloyalty characteristically to
state. It is an offence that shields extreme crimes as against one’s sovereign or nation.
35. Constitutional is held as an acting condition in pursuance of the constitution. When
the procedures, laws or acts directly infringe the constitution of the United States it is
regarded as unconstitutional.

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36. Unconstitutional per se in the statutes of the United States is the action that is
inherently unlawful.
37. The doctrine of vagueness in the United States rests on the clauses of due procedure
of the fourteenth and fifth constitutional amendment.
Answer to Question 1
The example to ex post facto law derived from the case of Stogner v. California where
Marion is charged with the child abuse that is sex-related. Stogner moved for the dismissal of the
charges as against him by arguing that the clause of ex post facto law in the United States
Constitution forbids the novel statute (Zoldan, 2015).
Answer to Question 2
It is suggested by Stewart that obscenity comprises of pornography. The supreme court in the
year 1950 embraced tree diverse examination relating to obscenity (Volokh, 2016). In the case of
Roth vs. the United States, it is announced by the court that obscenity was not constitutionally
safeguarded speech as irrespective of the fact that as to whether photographs that are distributed
by Roth was regarded as obscene and Mr Roth sent to prison for the matter in later years
probably held to be safeguarded. In the case, both trial judge and the appellate judge made the
rejection of the rule of Hicklin in support of obscenity which assessed the material effect on
average individuals in the community. The new definition of obscenity would precisely
sufficient to overcome the issue of overbreadth and vagueness.

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Answer to question 3
The question of allowing minor to acquire a specific category of medicinal treatment that
is services of abortion without the consent of parents has been got focus by current dramatic
development to the legislation regulating abortion of several nations (Segers & Byrnes, 2016).
Furthermore, by the decision of state and federal court determining the constitutional basis
regarding the liberty guaranteed to the women to dismiss unwanted pregnancies (Myers, 2015).
Nevertheless by considering the concern of abortion the issues that are created by the necessities
of the consent of parents are aggravated by several factors which include the conflict of beliefs
and values of the child and the parents that may present where the medical treatment which is in
question is of abortion.
Answer to question 4
The first amendment of the constitution provides that the congress shall create no
legislation that abridging the liberty of speech or the press. The primary amendment safeguards
pornography as the terms designates erotic material. It is held that the supreme court of the
United States does not safeguard two categories of pornography that is child pornography and
obscenity (Murphy, 2017). Most of the pornography is not regarded as obscene legally thus in
order to constitute obscenity the pornography should describe or depict self-evidently offensive
the hardcore sexual act. Thus the constitutional liberty to exercise privacy deliver defence to the
charge of possessing obscene materials where the obscene videos are visualized by the defendant
in the privacy of home.

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Answer to question 5
In the case of Quinlan the young person suffering from brain damage resulting from
anoxia and entered into a vegetative state. The father of the young child sought approval from
justice to disconnect the respirator of his daughter (Tada, 2018). The Supreme Court If new
Jersey granted the release by upholding that the privacy right of Karen is embedded in the
constitution to dismiss medical treatment. The father without obtaining judicial approval
disconnect the respirator of his children is held as unconstitutional and arbitrary.
Answer to question 6
The instance of the legislation that would be constitutional per se, however, is
unconstitutional in its execution in a particular situation would be the legislation of mandatory
vaccination. Currently, the students from fifty states who are attending school should be
vaccinated as against the contagious disease such as polio and measles (Von Glahn & Taulbee,
2015). The intention that exists behind the vaccination laws is to eradicate the health crisis of
public and thus by itself there nothing exist that is held to be unconstitutional about the
legislation.
Answer to question 7
In the case of Marbury v. Madison, it was decided by the supreme court of the United
States assert the judicial review authority to striking down the legislation as unconstitutional. The
state courts in few instances hold that the judgment was regarded as final and also not subjected
to judicial review by Supreme Court (Chemerinsky, 2019). They claimed that the constitution
did not granted the power to the Supreme Court to review the decisions of the state court. Thus

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asserted by them that the Judiciary Act, 1789 that held that the Supreme Court does not could
entertain appeals from the federal courts was held to be unconstitutional.
References
Chemerinsky, E. (2019). Constitutional law. Aspen Publishers.
Murphy, R. S. (2017). Property rights in personal information: An economic defence of privacy.
In Privacy (pp. 43-79). Routledge.
Myers, C. K. (2015). Young women’s access to abortion and contraception, 1960-present.
Segers, M. C., & Byrnes, T. A. (2016). Abortion politics in American states. Routledge.
Tada, J. E. (2018). When is it Right to Die?: A Comforting and Surprising Look at Death and
Dying. Zondervan.
Volokh, E. (2016). The First Amendment and Related Statutes (p. 3). Foundation Press.
Von Glahn, G., & Taulbee, J. L. (2015). Law among nations: an introduction to public
international law. Routledge.
Zoldan, E. C. (2015). The Civil Ex Post Facto Clause. Wis. L. Rev., 727.