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lyudmila [28]
3 years ago
10

What are the problems or dangers of placing elastic power in the hands of a representative body?

Social Studies
1 answer:
Lady_Fox [76]3 years ago
8 0
I understand that this refers to Article I, Section 8, where the government is given all the power that it needs to fulfill its duties.

The danger here is that the specific powers that the government should have are open to interpretation and that this enables, if unchecked, an abuse of power on the side of the government. So: additional measures are necessary to ensure that this abuse does not take place.
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The U.S Supreme Court pronounced the balancing test in the Turner v. Safley case. The balancing test means that the courts must balance the rights of inmates against the penological concerns of security and order.

In this case, the U.S Supreme Court upheld broad restriction on inmate-to-inmate correspondence and, in the process, reaffirmed its commitment to a deferential standard in prisoner speech cases.

In Justice O’Connor’s opinion in Turner v. Safley, he identified four factors to consider when applying this standard:

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