Constitution Law and Labor Law
Introduction
Despite the form of governance in any country, formulation of laws is vital and essential to both the institutes in authority and the citizens being governed. Besides maintaining order within the nation, laws facilitate preservation of freedom, protection of citizens and resolution of conflicts. Considering the various laws that exist, in this essay, we shall concentrate on the constitution and labor laws. On the other hand, example of cases that elaborate the mentioned laws shall be highlighted to expound in details the components of these legislations.
Constitutional Law
As explained by scholars, the government is made up of three main branches which are the legislature, the judiciary, and the
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Among the University’s elements of considerations used to qualify students is a race. Fisher argued that the use of race violated the equal protection clause of the 14th amendment which was the reason for her to miss the chance in the University since she was white. In response, the court argued that the University’s use of race as a consideration in the admission of students to the Top Ten Percent Plan did not in any way violate the Equal Protection Clause since its purpose was to encourage ethnic diversity in the school and to catalyze advance education to the …show more content…
Besides the elaboration of the rights, the labor laws are implemented to exercise fairness, safety, and highlight on the responsibilities of the concerned stakeholders. Moreover, labor law is not only based on the constitution but also court opinions, administrative rules and legislation are involved. For instance, since most of the frequent disputes presented to the court about labor are based on violations of either wage or working hours, the federal law dictates the minimum wages which sometimes differ from one state to the other (Georgetown Law). Besides the protection from wage and hour violations, the labor laws also restrict discrimination of any kind in the workplace either from fellow workmates or the employer. Forms of discrimination that are on the rise include racial or religious discrimination and stigmatization based on an individual’s sexual orientation or
In 1973 a thirty-three year-old Caucasian male named Allan Bakke applied to and was denied admission to the University of California Medical School at Davis. In 1974 he filed another application and was once again rejected, even though his test scores were considerably higher than various minorities that were admitted under a special program. This special program specified that 16 out of 100 possible spaces for the students in the medical program were set aside solely for minorities, while the other 84 slots were for anyone who qualified, including minorities. What happened to Bakke is known as reverse discrimination. Bakke felt his rejections to be violations of the Equal Protection Clause of the 14th amendment, so he took the University of California Regents to the Superior Court of California. It was ruled that "the admissions program violated his rights under the Equal Protection Clause of the 14th Amendment"1 The clause reads as follows:"...No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor without due process of the law; nor deny to any person within its jurisdiction the equal protection of the laws."2 The court ruled that race could not be a factor in admissions. However, they did not force the admittance of Bakke because the court could not know if he would have been admitted if the special admissions program for minorities did not exist.
The Court ruled that the use of racial quotas in its admissions process is unconstitutional. Although the Supreme Court ruled that racial quotas were unconstitutional, in certain cases, more minority applicants could be accepted constitutionally. It was a five to four decision written by Justice Lewis Franklin Powell. Race can be looked upon in order to ensure educational diversity, but other admissions factors must be considered. For example, someone who is a minority cannot be accepted if they do not meet the academic qualifications. For this specific case, the medical school’s process did violate equal protection. The Equal Protection Clause forbids a state from denying anyone equal protection of the law.
The American government is a simple, yet complex system comprised of three different branches: Legislative, Executive, and Judicial branch.
The Constitution bestowed essential powers to the nation, without which, America would crumble. Under this newly created document, three different branches of government were created: the judiciary, the legislative, and the executive. The legislative was composed of Congress, which now had the power to create a military, control interstate and international commerce, and create laws. The Judicial branch was the Supreme Court, which would review the decision of the President (in the executive branch...
It has been said that the U.S. Constitution is deliberately inefficient because of it forces the other branches to check the powers eliminating one becoming more dominant than the other two. The three branches of government are legislative, executive, and judicial. The legislative branch enacts federal laws on a national level in Congress, which is comprised of the House of Representatives and the Senate. The executive bran...
In brief, the United States government consists of three branches of government. These branches- the Executive, Judicial, and Legislative are outlined in the Constitution. Without these, the country would not run smoothly, nor live up to the full potential of the great United States of America.
Affirmative action, the act of giving preference to an individual for hiring or academic admission based on the race and/or gender of the individual has remained a controversial issue since its inception decades ago. Realizing its past mistake of discriminating against African Americans, women, and other minority groups; the state has legalized and demanded institutions to practice what many has now consider as reverse discrimination. “Victims” of reverse discrimination in college admissions have commonly complained that they were unfairly rejected admission due to their race. They claimed that because colleges wanted to promote diversity, the colleges will often prefer to accept applicants of another race who had significantly lower test scores and merit than the “victims”. In “Discrimination and Disidentification: The Fair-Start Defense of Affirmative Action”, Kenneth Himma responded to these criticisms by proposing to limit affirmative action to actions that negate unfair competitive advantages of white males established by institutions (Himma 277 L. Col.). Himma’s views were quickly challenged by his peers as Lisa Newton stated in “A Fair Defense of a False Start: A Reply to Kenneth Himma” that among other rationales, the Fair-Start Defense based on race and gender is a faulty justification for affirmative action (Newton 146 L. Col.). This paper will also argue that the Fair-Start Defense based on race and gender is a faulty justification for affirmative action because it cannot be fairly applied in the United States of America today. However, affirmative action should still be allowed and reserved for individuals whom the state unfairly discriminates today.
In the Fisher V. Texas (2016) Supreme Court Case, most of the above cases were used as a precedent to take the final decision in this particular case. According to Oyez.org, the Fisher V. Texas (2016) case started when Abigail Fisher applied to the University of Texas at Austin in 2008 and was denied admission. Fisher did not qualify for the texas top ten percent plan, which I explained above, so she was not guaranteed admission, and she had to compete for the remaining spots. The university used race as one factor in the holistic review, which was purposely to ensure diversity in the student body. According to Oyez.org, “Fisher sued the University and argued that the use of race as a consideration in the admissions process violated the Equal Protection Clause of the Fourteenth
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
The Three Branches of the Federal Government There are three branches of the federal government, the executive, the judicial, and the legislative. The executive branch consists of such people as the president, the cabinet, and the executive offices of the president. The executive branch is known for enforcing laws created by the legislative branch. The judicial branch entails the United States Supreme Court and the Federal Judiciary. The judicial branch must review the laws the executive branch is to enforce.
Clegg, expanding on the expense of discrimination towards scholars, displays how discrimination has a single benefit: diversity. Likewise, Abigail Fisher, plaintiff in the recent case Fisher v. University of Texas, has better grades than the average needed to gain admission for African-American and Hispanic students, yet was rejected from the University of Texas. Fisher, who is white, was forced to attend the l...
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
There are three branches of government in the U.S. There is the judicial branch, the executive branch and the legislative branch. The powers of the branches are all divided by the constitution which is called the separation of
The Supreme Court's ruling in Grutter v. Bollinger and in Gratz v. Bollinger are two compelling and complex cases. In the Grutter v. Bollinger case, the Supreme court favored that race and ethnicity along with other factors are justifiable in the admission process of promoting a diverse and inclusive student body on the premises of state law schools. I agree with the court's decision because minorities only make up a small percentage on college campuses and universities, and that race and ethnicity does play a crucial role in recruiting students of colors from various cultural backgrounds. Students must be trained scholars who know how to interact with people from all walks of life and they must be able to adapt and understand different people in different environments in a given context. The goal is for everyone
In 1787 the leaders of the states came together to establish a constitutional set of guidelines (laws), to ensure a more structured uniformed way of protecting the American people against total governmental control, and protecting the citizens rights. The constitution ensured that the branches would be separated from total control of one branch of government, Each branch of government has its own duties and responsibilities other than working alongside the other branches. Below identifies the three branches of government, as well as their responsibilities and process of being elected as a member. Legislative Branch The legislative branch is comprised of two bodies; the Senate and the House of Representatives.