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Exclusionary Rule Aimed at Protecting People from Illegal Search and Seizure Operations - Research Paper Example

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The paper "Exclusionary Rule Aimed at Protecting People from Illegal Search and Seizure Operations" discusses that the Ruling in the Weeks case was adopted by several states in acting against violations such as prohibition that was enacted by adopting the 18th Amendment…
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Exclusionary Rule Aimed at Protecting People from Illegal Search and Seizure Operations
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Download file to see previous pages The authority has permitted the Supreme Court to review in terms of affirming or overturning rulings of lower tribunals and courts. The power of judicial review was first exercised by the Supreme Court in the case titled Marbury v. Madison in 1803 and this power is granted vide Article III, sections 1 and 2 of the Constitution (Urofsky, 2001). Main Body The process by which the Supreme Court makes reviews of cases has changed considerably over time. Currently, there are a number of ways in which cases are put up before the Supreme Court. A writ of certiorari petition can be made by parties to the case that has been ruled by a US court of appeals or by writ of certiorari in regard to decisions taken by any state court following rejection of all state appeals. The appeal must imply an issue of federal, statutory or constitutional law. The Supreme Court can also make a review of cases by petition for certiorari prior to judgment so that cases can be expedited that is pending before the appellate courts. Cases can also be put up by appeal in the context of decisions of district courts in the US that relate to redistricting of state or Congressional legislative districts (Epstein, 1995). The Constitution empowers Congress to create bills that can become law only after they are signed by the President. The President has veto powers granted by the Constitution empowering him to keep a check on the power used by the Congress. However, such veto can be overridden if Congress musters a 2/3rd majority, which proves to be a check on the authority of the President. The Supreme makes an evaluation of the constitutional validity of the law when a person is impacted directly by such law in terms of personal damage (Stuntz, 1997).  ...Download file to see next pagesRead More
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