Posts tagged constitutional law
No One is Above the Law, Except Prosecutors

Philosopher and early romanticist Edmund Burke famously warned, “The greater the power, the more dangerous the abuse.” Nowhere is this assertion more evident than within the American justice system, where ironically, sometimes the people trusted to uphold justice become the ones who betray it first. This phenomenon has become rampant throughout the United States as the justice system continues to protect the perpetrators of injustice over and over again. The case of Curtis McGhee and Terry Harrington presents a prime example. In 1983, Curtis McGhee and Terry Harrington were convicted of murder. 25 years later, their convictions were overturned after an investigation revealed that the prosecutors suppressed evidence during trial. Despite the gravity of the misconduct, when it was time to hold the prosecutors accountable, the Supreme Court ruled that the case was not valid to bring to trial. This is just one instance of many; these incidents are a direct result of prosecutors in the United States being protected through absolute immunity from civil suits for actions that were carried out during official duties, even if these actions violate certain constitutional rights. While absolute prosecutorial immunity was originally established to preserve the independence of prosecutors, the reality of its implementation is drastically different. In reality, it acts as a safeguard for constitutional violations, threatening the integrity of the judicial system, and should be altered to ensure civil accountability during times of misconduct.

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Restricted Knowledge on Jury Nullification and its Repercussions

Jury nullification is evidently a power exercised by jurors. The question remains how jurors can become informed of this right without facing legal punishments for attempting to influence a jury. Today, because of unclear and incomprehensive rulings on jury nullification, citizens have been arrested and charged with jury tampering when informing jurists of their de facto right to question a law.

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A Direct Tax on Womanhood: Analyzing the Discriminatory Nature of the Tampon Tax

Menstrual equity, a term coined in the mid-twentieth century by feminist activists, has gained traction in mainstream media with the rise of intersectional dialogue and women’s empowerment. Contemporary feminists have taken this initiative a step further, and have recently begun the zealous advocacy for menstrual equity in the wake of the infamous ‘tampon tax’ - a tax levied on feminine hygiene products due to the fact that they do not meet the “basic necessity” tax exemption.

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Should Facebook be Accessible to Sex Offenders? A First Amendment Analysis

The First Amendment of the U.S. Constitution states that “Congress shall make no law...abridging the freedom of speech.”[1] The Supreme Court has typically interpreted the term “speech” to incorporate a broad range of expressions, including the use of Internet.[2] However, the increasing use of the Internet and social media sites has led to debate as to what constitutes free speech in the digital age and if digital platforms should be made accessible to the entire public. Currently, Facebook’s accessibility to the public has been contested in relation to the right of sex offenders to use the site, as limiting their access conflicts with freedom of speech protected under the First Amendment. 

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Korematsu and the Muslim Ban: The Legal Consequences of Unchecked Executive Power

 In 1942, Fred Korematsu was arrested on a street corner in California. His crime was refusing to evacuate to an internment camp and comply with President Roosevelt’s Executive Order 9066. Under the executive order, over 120,000 men, women, and children of Japanese descent were forced to relocate from their homes on the coasts to remote camps inland; they had been deemed a “national security threat” after the attack on Pearl Harbor in 1941. [1] Korematsu was the first man to legally challenge the order in Korematsu v. United States.

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