Research Paper: Case Analysis

Research Paper: Case Analysis

Thesis Statement

Bond is guilty of causing harm intentionally through the use of caustic chemicals and thus right in being indicted, however inappropriate interpretation of the relevant constitution with the scope not being defined clearly as well has resulted in the case being dragged down this far, which could have been closed down had Commerce Clause and Offense Clause accompanied the earlier rulings made by Supreme Court effectively.

Introduction

Bond v. United States is the case that is chosen for this assignment for the significant level of issues it raises in terms of the interpretation of the constitution. With the petitioner being Carol Anne Bond and respondent being United States of America, the case was granted in the January of 2013 which is now scheduled to be argued on the fifth of November 2013. It is a case that has resulted in the creation of grounds leading towards the debate revolving around treaty power, as stipulated by the tenth amendment to the United States Constitution, thereby hinting effectively towards the inappropriate or misinterpretation of constitution (Bradley, 1998). It also raises significant concerns in terms of the interpretation of the constitution with the case depicting a challenge by the defendant to the validity, as well as construction of a statute comprising US constitution dealing with federal chemical weapons. The statute that is being challenged is the very statute using which the defendant has been found guilty through being alleged of the violation of Chemical Weapons Convention Implementation Act, thereby making this case one of the important cases that should be used for this research paper. It basically is a case that constitutes or triggers criminal prosecution as per Chemical Weapons Convention Implementation Act; however in doing so it raises fundamental concerns pertaining to the relationship shared between governmental authority to enter a treaty and the constitutional principles defining federalism, thereby highlighting concerns over the interpretation of constitution (Somin, 2012).

Discussion

Constitutional framework of any country is the basic outline of the laws, rules and regulations remaining within which, the daily matters of the state are run. The constitutional reforms are introduced and constitutional framework is amended over a certain period, when required, so as to have alignment and reconciliation with the changes in the political and environmental factors. It is imperative for the matters to be effectively run and the expectations of the public be met which is why constitutional laws are formed in first place. As significant as the introduction of constitutional changes, constitutional strategy holds the same weightage which is formed so as to implement and achieve the constitutional laws and amendments made to them with the passage of time. A coherent overall strategy for constitutional development and implementation is substantial for the stability of the nation, its values, democracy, and upholding of the constitution. This prompts the relevance of the written constitutional reforms when the government is formed; especially in times of coalition government reign, where agendas usually differ and conflict of interests ...