exclusionary rule
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The exclusionary rule dictates that any evidence obtained with an improperly received search warrant or evidence obtained without any search warrant would be held inadmissible in a criminal trial.
The quality of a categorical proposition indicates the nature of the relationship it affirms between its subject and predicate terms: it is an affirmativeproposition if it states that the class designated by its subject term is included, either as a whole or only in part, within the class designated by its predicate term, and it is a negativeproposition if it wholly or partially excludes members of the subject class from the predicate class.
U.S. Const., Amend. IV:"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."This is effectuated in criminal law and procedure through the Exclusionary Rule.Black's Law Dictionary, 9th Ed., defines the exclusionary rule:"2. Criminal procedure. A rule that excludes or suppresses evidence obtained in violation of an accused person's constitutional rights...."Also, read Wayne R. LaFave and Jerold H. Israel, Criminal Procedure (2d ed. 1992).Also, read Mapp v. Ohio, 367 U.S. 643 (1961).
Thoreau's essay Civil Disobedience was published in 1849 under the title "Resistance to Civil Government." Thoreau was briefly jailed in 1847 for refusal to pay taxes in protest against the Mexican War. He became interested in transcendentalism as promulgated by Emerson (author of Self-Reliance).In his writings, Thoreau is explaining the depth and breadth of an individuals responsibility to themselves and how in that context purely stated there is no other path other than creation of a system for ones self that excludes government regulations, or we have lost ourselves through voluntary compliance with things we did not create nor want; and since we only have one life and one chance to bring this upon ourselves there is no moment when we are allowed (within our own bodies and minds) to be guided by any other script other than our own. One does not switch from government compliance to resistance. One never begins a compliant life. In this way one has integrity.
Federalism is vital when dealing with large portion size countries. Such includes: USA. Why did the Roman empire fail? The territory was too big to control under one central elite group, aka government as we know it. Federalism divides the power within its' borders with its states. There exists 1) Dual Federalism. 2) Cooperative Federalism. This excludes both types of governments (National and State) from becoming too powerful and maintaining order. Think of it as "Checks and Balances". A great analogy is described as the cake layer metaphor. It concludes that dual federalism consists of a layer cake where one layer is all chocolate and the other is all vanilla; meaning completely separate, they both have their independent laws. Cooperative Federalism consists of marble cake. There is a mix of chocolate and vanilla in the whole cake; meaning the national government can intervene with actions that require drastic circumstances such as "The Great Depression". The new deal was brought by president F.D.R. to boost the Economy which the states had no power of doing. The states can borrow money "grant-in-aid" from the national government since they don't have the power to tax. There are many ways in which federalism is a great type of government, but these examples should exemplify its great attributes to large nations. All of this to maintain order, prosperity, freedom, and peace under one nation. Questions? Diego Furlan - diegofurlan1992@gmail.com