Constitutional Law

CONSTITUTIONALITYOF THE WISCONSIN STATUTEAs pointed out in the 1876 case of Munn vs . Illinois (94 U .S . 113 each pattern is presumed to be constitutional . The courts ought not to declargon one to be unconstitutional , unless it is clearly so . If at that place is doubt , the commence will of the legislature should be sustained It becomes app arent that in the absence of any proof showing a blot of irregularity or illegality in the codification of a formula(predicate) , thus the righteousness would have to be respected and upheld as validated . Hence , in br determining whether or not a componenticular decree is in trespass of the supreme fairness of the land entails the examination of various factors which includes the finishing sought to be achieved by the statute and the means engaged by the truth in for tha t end to be achievedThe understructure of laws is an inherent agent of every government Naturally , for a federation to decease , its people need to follow a certain plenty of regulations for them to be able to function unremarkably . As decently stated , under these powers the government regulates the deport of its citizens one towards an break in , and the manner in which each shall wasting disease his own property , when such regulation becomes necessary for the universe tidy (94 U .S . 113 . It is noteworthy that laws exist in every community to further the interests of the citizens . Jurisprudence would dictate that a law is valid and constitutional if the primordial purpose for its origination is the clear of the creation . The examination however , does not end there . In seeking to nurture the interests of the overt , the government , by and through laws , should also make sure that it uses reasonable means in achieving their goal .

Hence , regardless of how noble the intention of the lawmakers is to protect the interests of the citizens , if the means employed to achieve the purpose is arbitrary and pointless , then the law would have some taint of invalidity In the case of the Wisconsin statue requiring the dairy farmers to take a concomitant 4-week course , it cannot be denied that the law s imply seeks to protect the public assistance of the State and its people . By requiring farmers to take the course , it is ensured that the farmers are equipped with necessary knowledge in their field . In addition , this will help their State in cleanse selling their products to nearby places for it to earn more revenue . It is believed that to imply the dairy farmers to attend the course is not considered unreasonable , and therefore not a ground to declare that percent of the statute as invalidAttention must be directed , however , to that part of the statute which limits the number of hours in any given twenty-four hour period during which a cow may be milked by an employee other than the cow s owner . There appears no legitimate public interest sought to be served by said furnish of the law . So also , it is believed that to impose such a...If you need to get a full essay, order it on our website: OrderEssay.net

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