protective features of the constitution

A detailed Summary of protective features of the constitution

The United States' democratic system includes certain features that are intended to protect against the abuse of the power by the government and public officials. Some protective features include: judicial review, impeachment process, freedom of expression, protection against unreasonable searches, equal protection under the law, and the rights of the accused.

One important protective feature is judicial review. Judicial review is the power of the courts to review laws and determine whether or not they are unconstitutional. The Judiciary Act of 1789 stated that all citizens of the United States are "separate but equal", referring to segregation. Blacks were supposed to be treated equally and fairly, without discrimination just as whites were, but they were to have separate facilities, schools, etc. In the case of Marbury v. Madison, on John Quincy Adam's last night in office, he appointed 82 new Federalist Justices. These "midnight judges" as they were called represented a threat to incoming President Thomas Jerreson, a Democrat-Republican. Jefferson feared Fed

Throughout history, laws have been declared that were not constitutional, the constitution has been developing and changing since the day it was written to accommodate all kinds of situations, and I am sure it will continue on that way.

Another imperative protective feature is the rights of the accused. Before the ruling of Schneck v. the Unites States, individuals were not aware of their rights when they were being taken under arrest. The did not know that anything that they said could be used against them in court, that they had the right to an attourney, etc. Charles Schenck was arrested for violating the Espionage Act, passed by Congress in 1914. The Espionage Act made it illegal to defame the government or do anything that might retard the war effort. Schenck, a member of the Socialist Party, opposed the war and printed and distributed pamphlets urging citizens to oppose the draft which he likened to slavery. Schenck claimed his first amendment rights were violated. The court ruled against Schenck saying that the Espionage Act did not violate the first amend

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Approximate Word count = 726
Approximate Pages = 3 (250 words per page double spaced)

Category: History

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protective features of the constitution

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