Article I of the constitution outlines and explains functions of the Congress, whereas section 8 entails the enumeration of power that the federal government delegates to the Congress. However, from this, Hamilton and Jefferson both stated how the powers of a president should look like in this situation. However, I would concur with Jefferson's statement, which says that the "president's powers should be limited to those strictly enumerated.” When federal constitution was being drafted, Jefferson was in France acting as a US minister. However, he managed to be influential in progress of the federal government via his comparability. He played a vital role in bringing into line the look and also interpreting the powers of the constitution and that of an arising republic. From his actions, it is evident that the president's powers are limited to those that have been enumerated. For instance, Article I, Section 8, Clause 18, outlines that laws which are required and effective for carrying into execution future preceding powers and all vested powers in the constitution in the government of the US or any department should be made. It shows that the president is subject to these laws outlined. However, the one that has prevailed over the course is the Hamiltonian constitutionalism since the Jeffersonian constitutionalism, despite its attractiveness, is problematic as it advocates an interpretation of the national power (Holloway, 2015) .
Topic 5
The Articles of Confederation and the purposes it fulfilled in the government to achieve its roles, as stated, have had various implications. There has been a discussion on how forefathers used to elect the president and the issues that arose from each idea. It considered having the president chosen by Congress as long as no fear of separation existed (Miller,2011, pg.65). Other ideas discussed included the nationwide popular vote. The challenge faced in this idea was that there were differences and distance between states, which was a big deal at that time. If this separation were to arise, most people would have only managed to hear of local leaders, thus resulting in a significant number of individuals voting for the state's favored, which could lead to voting in of 13 individuals instead of pulling down the number.
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The Electoral College was a perfect idea in the situations that existed at that time. It, however, needed to be updated as a result of states being given equal numbers of delegates and those seeking to vie for the presidency. It should then have focused on states that had high populations. As a result, this system can still be effective, and thus, people should register ahead of voting time, and delegates should be judged to help minimize their numbers. This would increase the number of voters participating in the electoral process.
Topic 6
Stare decisis is a legitimate doctrine which permits courts to refer to past case making verdicts and to make a decree over related situation. It put emphasis in ensuring cases that have same facts and scenes are approached in a similar way. It is therefore put to make courts adhere to legal precedents that were initially set by previous decisions. Past decisions are what are referred to as precedents in this case. It is crucial to federal courts as it distinguishes the common law from civil law ways. It thus gives high weight to law codes and also the ideas of intellectuals that explain them. However, for this doctrine to be useful, at least each of the jurisdictions should have one high court to declare that the case should be taken into a precedent-setting. Also, it is advantageous as the court will not need to make further rulings as the rulings used in the previous case are the ones that will be reflected in the current case (Case Law; Judicial Review., 2020) . However, these doctrines are deliberately consistent with democracy. As a result, it is beneficial as it does not contain negative externalities. Also, despite being beneficial, critics have continued to urge that this system allows erroneous decisions to continue influencing the law in occasional instances.
Topic 6
The condition which a court will consider a controversy is when the litigator is injured. This is a crucial necessity for the court's doctrine of standing. It baffles lower courts and litigants. This is due to the fact that the court, in most cases, will have to manipulate the doctrine to perform other functions. In the case where a court is determined to achieve the excellence of a case, this doctrine will not be actively used. On the other hand, when a court seeks to avoid making decisions on the merits of a case, this doctrine will be tightened. Also, it entails rules that have been made according to the constitution and judicial rules. Through mootness doctrine, a case or controversy disadvantages on judicial powers typically prevent a federal court from making verdicts on questions that at one time influenced litigant's rights. Still, it no longer affects them. In this case, if one is denied an important right, the utilization of mootness will imply that when that right is denied, it will prompt the jurisdiction to have the court deliver the correct verdict on the question. Ripeness doctrine is where the court decides on a declarative verdict mode that seeks enjoining of future implementation of law on the ground that the constitution was breached (Linder, 2013) . Political question where the court will keep on referring to political questions as a way f seeking decisions.
Topic 7
Equal protection clause is a phrase in the 14 th Amendment to the US constitution. It expects that the states ensure equal rights, advantages and protection to all of its individuals in the country. It prevents states from enacting laws that will arbitrarily result to discrimination of any persons. As a result, everyone is entitled to same privileges which others receive. However, the drafters of this Amendment were highly concerned about it since they wanted the principles that were in the constitution to ensure that the new Civil Rights Act are kept safe. They were to be protected as a result of them being declared not to be constitutional by the supreme court. Besides, it was meant to prohibit future Congress from tempering with it in the name of majority voting. This Amendment has fitted in courts jurisprudence system whereby it has been used to portray anew look in the segregation. This constitutional Amendment has played a crucial role in ensuring the forward motion of society. This Amendment first answered the citizenship question for African Americans at the end of the civil war. However, it is currently under attack as it responsible for racial justice. The reason as to why it is under attack is because the Amendment provides protections to children of unknown parents (Jimenez, 2015) . This claim has been raised by pundits, thus making it sway in terms of the modern jurisprudence system.
Topic 7
Among the criminal procedures, protections that the court provides include protection from disobliging searches and seizures. In this case, for police to search, he/she is required to obtain a search permit from a judge. A defendant who has been assaulted of unreasonable search is thus free to file a case against the police who did the search. Also, there is the commonly known right referred to as 'Miranda rights,' which are made to protect people in cases of police interrogations and even trials. These rights include, right to remain silent, right to choose an attorney of his/she own desire, right to confront an accuser in court, right of being charged with the same offense more than one time, right to a trial before an impartial jury and also right to fast trial without delays (Justia, 2018) .
Moreover, the Warren court has played a crucial role in expanding vital criminal procedures. This includes racial segregation and judicial power. The court has consistently fought against racial discrimination in schools. There is also equal representation, which states that one man is equivalent to one vote and not more. The court also gave an ultimatum on the rights of defendants, which included warrantless searches and forceful confession. This was to guarantee a defendant's right to reject being searched and also to give out a confession at their own free will (Longley, 2020). However, the court is currently having a positive jurisprudence on the law as it embraces all that had been initially outlined by law, thus promoting equity.
References
Case Law; Judicial Review. (2020). Retrieved from Stare Decisis: https://law.jrank.org/pages/10463/Stare-Decisis.html
Holloway, C. (2015, August 7). The Heritage Foundation . Retrieved from Hamiltonian Constitutional Interpretation: In Defense of Energetic and Limited Government: https://www.heritage.org/the-constitution/report/hamiltonian-constitutional-interpretation-defense-energetic-and-limited
Jimenez, F. (2015, September 14). The Guardian . Retrieved from The 14th Amendment is under attack because it is essential for racial justice: https://www.theguardian.com/commentisfree/2015/sep/14/14th-amendment-under-attack-essential-racial-justice
Justia . (2018, April). Retrieved from Criminal Procedure: https://www.justia.com/criminal/procedure/
Linder, D. (2013). Exploring Constitutional Conflicts . Retrieved from Constitutional Limitations on the Judicial Power: Standing, Advisory Opinions, Mootness, and Ripeness: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/caseorcontroversy.htm
Longley, Robert. (2020, February 11). The Warren Court: Its Impact and Importance. Retrieved from https://www.thoughtco.com/the-warren-court-4706521
American Political, Economic, and Security Issues: Electoral College: An Analysis. (2011). New York, US: Novinka. Retrieved from http://www.ebrary.com.lopes.idm.oclc.org
