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FACULTY OF LAW UNIVERSITY OF DELHI, DELHI-110007 January 2021 LL B IV Term Paper: LB ± 401: Constitutional Law ± II [Fundamental Rights, Directive Principles of State Policy, Civil Servants and Amendment of the Constitution] Prescribed Text : The Constitution of India, 1950 Prescribed Books: 1
CHAPTER 2 Constitutional Law MARC G PERLIN* § 2 1 Introduction During 1980, controversial legislative enactments dealing with capital punishment and school prayers, issues which have divided national public opinion for over a decade, were tested in the Supreme Judicial Court The Court held both enactments unconstitutional
iii Ackerman: “constitutional moments” – elevated democratic politics (3 moments in American history- founding, reconstruction, New Deal) 1 but, much of the constitutional decision-making was based on political compromise, rather than high-minded principled decision-making (based on values) iv content of the constitutional commitments 1
Amendment, section 2 ) The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one
Title 5, US Code Sec 556(d), Sec 557, Sec 706: Courts lose jurisdiction if they do not follow Due Process Law Title 18, US Code Sec 2381: In the presents of two or more witnesses of the same overt act, or in a open court of law, if you
2 This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled Citizenship 3 (1) There is a common South African citizenship (2) All citizens are— (a) equally entitled to the rights, privileges and benefits of citizenship; and