Follow the Supreme Court Case Study blog assignment you were given in class. Remember, click “Comments” when you are ready to add to the blog. If you don’t have a copy of the assignment, there is a copy of it below, which you can download.


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Mon, 17 Mar 2008 07:43:08

Powell vs. Alabama
In this case nine African American men and three white men jumped on to an empty freight train that was heading through Alabama. With the new laws outlawing discrimination, obviously, a fight broke out between the two groups of people. In the end all but one white man was thrown off the train. The white people were clearly mad and the sent a report to the town of Scottsboro to let them know of this unfortunate happening. When the train was going through Scottsboro, a Sherriff and a group of townspeople stopped it. Before the train was stopped, two white women told the Sherriff that they were raped by the African Americans. All nine men were taken into custody, weren’t allowed to call relatives, and they didn’t have a fair trial. They were all found guilty with four different juries. They were all sentenced to the death penalty except for one. The state courts of Alabama did not approve of these convictions, therefore, the case was sent to the Supreme Court.
When the case was brought to the Supreme Court, there were obviously two different sides. The side that is for Powell, or the nine men, thought the men did not have a fair trial. Therefore, they requested a new and fair trial and their death sentences to be canceled. The side that is for Alabama says the state can have their own criminal justice system. Also, Alabama does not require the state to pay for attorneys for those who are the accused victims; they provided an attorney, however, they were all found guilty. They think the Supreme Court should not interfere with their ruling and continue with the sentences.
In the end the Supreme Court gets to make the final decision. The court ruled, with a 7-2 vote, that there a new and fair trial will be held. The black men did not have a chance to give reasons for their defense. The Court thinks that “a defendant, charged with a serious crime, must not be stripped of his right to have sufficient time to advise with counsel and prepare his defense.” The Court also stated that the men had their due process rights taken away because they did not have time to give their reasoning. Because of this case, the Court made a new law, under the Due Process Clause of the 14th Amendment, that anyone who is facing a possible death sentence will be guaranteed counsel. This law is made for State and Federal courts.

 

Mon, 17 Mar 2008 07:58:49

The Tinker vs. Des Moines School District case is about two boys who attended schools in Des Moines. The two boys were John F. Tinker who was 15 years old, and Christopher Eckhardt who was 16. A young girl Mary Beth Tinker who was 13 was also involved. In December of 1965, a group of adults and students had a meeting at the home of the Eckhardt’s. They wanted to publicize their objections to the hostilities in Vietnam and their support for a truce by wearing black armbands. The principles of the schools were aware of the plan, so on December 14, 1965 they adopted a policy claiming any student wearing an armband to school would be asked to remove it. If the student refused they would be suspended.
Two days later on the 16, Mary Beth and Christopher had worn their armbands to school, John wore his the next day and they were all suspended until they would go back to school without the armabands. Neither of the students returned until the planned period for wearing the armbands expired which was after New Year’s Day. Out of the 18, 000 students in the school system, a few were wearing black armbands, and only five students got suspended. There was no evidence of the armbands being a distraction in class. A complaint was filed to the District Court by the kid’s fathers.
After a hearing, the court had dismissed the complaint. On appeal, the court of appeals considered the case en banc ( which means the case is heard by all judges of a court). The court was equally divided and the District Court’s decision was to have a certiorari ( which is having the case reviewed from a lower court to a higher court). The District Court recognized that wearing a black armband was for the purpose of expressing certain views is symbolic act within free speech of the First Amendment. The students did win the case because you do have freedom of expression in school.

 

Tue, 18 Mar 2008 07:18:53

Korematsu v. United States (1944)
In Korematsu v. United States, Fred Korematsu was a Japanese American during World War II. Japanese Americans were to follow the wartime order to leave their homes and report to internment camps. Fred Korematsu refused to do so and was arrested and convicted. Korematsu lost in the Court of Appeals, and then appealed to the United States Supreme Court. He was challenging the constitutionality of the deportation order.

The Civilian Exclusion Order No. 34 of the Commanding General of the Western Command, U.S. Army stated the after 5/9/1942 all people of Japanese ancestry should be evacuated from that area. Korematsu remained in San Leandro, CA which was considered a “military area” and was required to be evacuated. The courts noted that when legal restrictions limit civil rights of a single racial group there is risen suspicion. However not all of these restrictions are unconstitutional, and public necessity may sometime justify the existence of such restrictions. Korematsu argued that in May of 1942 when Order No. 34 was issued, all danger of Japanese invasion of the West Coast was over. The court rejected this contention.

The court ultimately decided that under emergency and peril the “power to protect must be commensurate with the threatened danger.” So the act of the military to confine Japanese Americans in internment camps is justified due to the war. Justice Hugo Black delivered the opinion of the Court. Justice Owen Roberts wrote the dissent. He believed that is was unconstitutional to convict a citizen for not submitting to imprisonment in a concentration camp based solely on his race. There was no evidence or inquiry about his loyalty and disposition towards the United States. Justice Robert Jackson also noted that “comparable burdens were not imposed upon descendents of other nationalities with whom the United States was also at war.”

 

Tue, 18 Mar 2008 07:26:56

The Background. Early in the 20th century in Tennessee the Scopes trial banned evolution from being taught in schools or school’s from using any text books that had the theory of evolution in them. A school district in Arkansas adopted a book that had evolution in it. So a Little Rock high school teacher was afraid to use the book because she was breaking the law but she was also afraid to not use it since she could get fired. So she decided to fight the law.
The court decision went in favor of the teacher. They said it was illegal to ban the study of one religion. In Justice Forta’s majority opinion he said the Arkansas law violated the Establishment clause and prohibited the free exercise of religion. They agreed that the state is not aloud to tailor the educational standards to any religion.
The significance of this ruling is that all states across the United States that had laws to outlaw the teaching of evolution were forced to get rid of these laws. It also prohibited any state from using any religious tenant as a basis for educational standards. And it also gave rise the theory of “scientific creationism.”

 

Tue, 18 Mar 2008 07:45:31

Gonzales vs. Oregon (2006)
The case between Oregon and Gonzales was a case that was barely recognized by the Supreme Court. This case didn’t even challenge the Oregon law because assisted suicide is and will remain legal in that state. This gives physicians the right to prescribe medications to people that only have a short time to live. At this time the Bush administration has never asked the Supreme Court to overturn this Oregon law. The federal government which is the Supreme Court ruled 9-0 for keeping assisted suicide legal in Oregon.
This case was not just solely about assisted suicide because medical marijuana and stares vs. federal rights were argued in this case also. This case was first brought to everyone’s attention in 1994. Voters agreed to legalize assisted suicide but the drugs they wanted to use were regulated by the government under the Controlled Substance Act (CSA). The Drug Enforcement Administration said that these drugs weren’t to be used in assisted suicide because it wasn’t a legitimate medical reason.
A woman by the name of Janet Reno overturned the interpretation because she said just as long as the substances were controlled inside the Oregon borders it would be fine to use. This didn’t give other states the choice to prescribe controlled substances so they could still be prosecuted. She also stated that a doctor could only prescribe a lethal dose of medication to someone that is terminally ill. A doctor could be prosecuted otherwise.
The Gonzales vs. Oregon case is one of the most important public-policy to be presented to the Supreme Court in recent years. This isn’t just a case about whether or not assisted suicide should be legal but a case that states do have their own rights to legalized or illegalize laws of their own. This is a very important case about the difference between state and federal laws. This is telling the people out there that a state has a lot of choices on what laws and regulation they can put on things.

 

Tue, 18 Mar 2008 07:46:21

McCullough vs. Maryland (1819)
Some important facts are, in 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax.
Arguments in the case lasted nine days as Daniel Webster, Attorney General William Wirt, and William Pinkney, one of the most prominent lawyers in the nation, defended the bank's interests. Maryland's legal team was led by Luther Martin.
Some questions that were asked are as follows. Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers?
In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Writing for the Court, Chief Justice Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme . . . they control the constitution and laws of the respective states, and cannot be controlled by them."

 

Josh Parrish

Tue, 18 Mar 2008 07:52:07

Josh Parrish
Betts Vs. Brady (1942)
The two parties involved in this case were Betts ( the criminal), and Brady (The defense attorney). Betts was detained in a Maryland Jail, and was going to be charged with robbery. Before the trial Betts asked if he could have somebody to represent him.

That request was denied and they convicted him of robbery. When Betts was being incarcerated he filed a habeas corpus petition in the lower part of the court system. When he was denied that petition that is when he got mad and he knew he just had to do something about that and fight it.

So he went out and filed a certiorari petition so he could possibly get his case heard in the supreme court. After some time of waiting the supreme court agreed to hear his case. Betts argued that his sixth amendment, ( a right to a fair trial) had been violated, because he didn’t get a counsel to represent him. The court actually did find in favor of Betts, the court decided that the right to have a counsel would be decided from case to case. This ruling stood solid for 20 years until another case came along (Gideon vs. Wainwright) in 1963.

 

Tue, 18 Mar 2008 07:53:35

In the election of 1800 current president John Adams lost the election to Thomas Jefferson. Adams was a member of the Federalist Party, and during the lame-duck period the Federalist Congress enacted a Judiciary Act that created many new judgeships and justiceships of the peace that Adams had to appoint. Secretary of State, at the time, John Marshall had the commissions for the justiceships of the peace, however, he decided not to deliver them. Once Jefferson was inaugurated Marshall told the new Secretary of State, James Madison, to withhold 17 of the 42 commissions that were supposed to be delivered, including a man’s named William Marbury. Marbury sued for a writ of mandamus to require Madison to surrender his commission. In the end, Marbury did not receive his commission and never became a justice of the peace in Washington D.C.
Marbury v. Madison is one of the most influential cases in the history of the United States. This case became the basis for the exercise of judicial review in the United States. What this is, is a power that gives the judicial branch the authority to declare acts of the other two branches unconstitutional. This is important because it gives the judicial branch power that it did not have before. Also, it is not a named power in the constitution, which is what makes this case so significant.
There are a few theories as to why it is not an enumerated power of the courts. One of them is that possibly the framers didn’t intend for the courts to have such a power. It is also possible that the framers thought this power was simply implied and didn’t need to be stated in the constitution. Another possibility is that the framers didn’t think the issue would ever come up, because Congress wouldn’t pass legislation outside of its listed powers.

 

Tue, 18 Mar 2008 07:54:49

Engel v. Vitale 1962
This case is another case about people praying in public places and other people not really liking it. This case started in New Hyde Park, New York. The parents complained the prayer to "Almighty God" contradicted their religious beliefs that they already taught there kids. The case began on April 3, 1962 and the final decision was receive on June 25, 1962.
Steven I. Engel the plaintiff argued that starting the school day with a prayer even if students are not required to recite it, violates the Establishment Clause. The Establishment Clause states that the United States will not establish one religion over any other religion. Some arguments made by Vitale were that New York Regents did not establish a religion by providing a prayer for those who wanted to say it.
The Supreme Court decided that government directed prayer in public schools was an unconstitutional violation of the Establishment Clause. This was decided in a vote of 6-1 vote because that Justice Frankfurter suffered a cerebral stroke that forced him to retire before the case and Charles Whittaker resigned in March 1962. Justice Hugo Black quoted that “We think that by using its public school system to encourage recitation of the Regents' Prayer, the State of New York has adopted a practice wholly inconsistent with the Establishment Clause. There can, of course, be no doubt that New York's program of daily classroom invocation of God's blessings…in the Regents' Prayer is a religious activity…” (http://www.infoplease.com/us/supreme-court/cases/ar10.html )

 

Tue, 18 Mar 2008 11:04:22

The court case of the United States vs. Virginia began on January 17, 1996. It was decided on June 26, 1996. The Virginia Military Institute (VMI) is an undergraduate school that has an exclusively male population. The students of VMI experienced many academic successes and other benefits not offered at many other institutions. The academics and training they received at VMI was greatly valued by its alumni. It, therefore, received the most endowment of any undergraduate school in the country.
The United States brought the case against VMI because it believed the school violated the 14th amendment’s equal protection clause by not offering programs for women. IT believes that women must have equal opportunities to succeed. Sex cannot be a classification and it cannot be used to make women seem inferior. The State of Virginia argued that single sex education yields important educational benefits. The option of having single sex education also provides educational diversity. It stated that VMI would have to modify its methods of training so drastically for women that id would destroy VMI’s program of excellence.
The District court ruled in favor of Virginia, but that decision was later overturned by the federal courts. The Federal Court ruled in favor of the United States. The ruling stated that Virginia must remedy the situation. Virginia proposed, rather than destroy VMI’s program, that they make a similar college for women. The courts agreed that this was an acceptable remedy. They named the college the Virginia Women’s Institute for Leadership (VWIL).

 

Tue, 18 Mar 2008 11:08:44

In 1950 the Topeka NAACP, led by McKinley Burnett, set out to organize a legal challenge to an 1879 State law that permitted racially segregated elementary schools in certain cities based on population. For Kansas this would become the 12th case filed in the state focused on ending segregation in public schools. The local NAACP assembled a group of 13 parents who agreed to be plaintiffs on behalf of their 20 children. Following direction from legal counsel they attempted to enroll their children in segregated white schools and all were denied. Topeka operated eighteen neighborhood schools for white children, while African American children had access to only four schools. In February of 1951 the Topeka NAACP filed a case on their behalf. Although this was a class action it was named for one of the plaintiffs Oliver Brown. But the Brown v. Board of Education victory brought this country one step closer to living up to its democratic ideas.
Oliver L. Brown et.al. v. the Board of Education of Topeka (KS) et.al.were the parties involved in the case. Brown v. Board of Education was not simply about children and education. The laws and policies struck down by this court decision were products of the human tendencies to prejudge, discriminate against, and stereotype other people by their ethnic, religious, physical, or cultural characteristics. Ending this behavior as a legal practice caused far reaching social and ideological implications, which continue to be felt throughout our country. The Brown decision inspired and galvanized human rights struggles across the country and around the world. What this legal challenge represents is at the core of United States history and the freedoms we enjoy. The U.S. Supreme Court decision in Brown began a critical chapter in the maturation of our democracy. It reaffirmed the sovereign power of the people of the United States in the protection of their natural rights from arbitrary limits and restrictions imposed by state and local governments. These rights are recognized in the Declaration of Independence and guaranteed by the U.S. Constitution.
Brown v. Board of Education was not the first challenge to school segregation. As early as 1849, African Americans filed suit against an educational system that mandated racial segregation, in the case of Roberts v. City of Boston. Oliver Brown, the case namesake, was just one of the nearly 200 plaintiffs from five states who were part of the NAACP cases brought before the Supreme Court in 1951. The Kansas case was named for Oliver Brown as a legal strategy to have a man head the plaintiff roster. The Brown decision initiated educational and social reform throughout the United States and was a catalyst in launching the modern Civil Rights Movement. Bringing about change in the years since the Brown case continues to be difficult. But the Brown v. Board of Education victory brought this country one step closer to living up to its democratic ideas.

 

Wed, 19 Mar 2008 07:43:51

Mapp v. Ohio (1961)
Police had obtained information that Dollree Mapp, a person housing an illegal bombing suspect and had illegal betting equipment, was living in a suburb of Cleveland, Ohio. Three policemen followed the address to investigate and search the house. When at the door Mapp refused to let them in without a warrant; two officers left and one remained with Mapp at the house. After three hours, the fled officers returned with many other officers and a supposed warrant they waved in her face. When they broke in the door, Mapp asked to see the warrant and took it from an officer; she put it in her dress. The officers struggled getting the piece of paper back from her and handcuffed her for being “belligerent.” While searching the house, the police found no evidence of the bombing suspect or illegal betting equipment. Yet, near her bed, they found a suitcase of pornographic material. Mapp claimed it was not hers; she stated she loaned it to a boarder and the suitcase contents were not her property. She was put under arrest, put on trial, and prosecuted for the pornographic material. A search warrant was not used as evidence in the trial.
The conflict in this case is whether or not the evidence was obtained legally. The police, indeed, possessed no search warrant. The Constitutional 4th Amendment states there are no “illegal search and seizures.” Evidence found in an illegal search and seizure is also banned for use in trials by the exclusionary rule. Ohio, though, fought that only the national government had this rule and by the 10th Amendment the State courts could operate on a separate court system.
The court, by a 6-3 decision, overturned Mapp’s conviction. They ruled both state and federal courts must exclude evidence obtained by a violation of the 4th Amendment (illegal search and seizure). The police had no right in Mapp’s house, no right to search, and no right to seize the suitcase. The “Mapp Rule” was the first of its kind and has set a standard for today’s court rulings.

 

Leann Rivera

Wed, 19 Mar 2008 07:44:00

Roe v. Wade
In 1971 the case was argued before the Supreme Court. The legal, moral, and political controversy surrounding the abortion issue has polarized the American public. The argument that the decision deprives the unborn child of its “right to life.” In Texas, State law prohibited the termination of a pregnancy by artificial means (surgery) except when the life of the mother was in danger. The statute was construed as a “nearly complete ban on abortion.” This case involved the right of privacy as implied by Amendments 1, 3, 4, 5, 9, and 14 versus the police power of the States.
For Roe under the Bill of Rights, a woman has the right to terminate her pregnancy. It is improper for a State to deny individuals the personal, marital, familial, and sexual right to privacy. No case in its history has the Court declared that a fetus—a developing infant in the womb—is a person. Therefore, the fetus cannot be said to have any legal “right to life.” Because it is unduly intrusive, the Texas law is unconstitutional and should be overturned. For Wade the State has a duty to protect prenatal life. Life is present at the moment of conception. The unborn are people, and as such are entitled to protection under the Constitution. The Texas law is a valid exercise of police powers reserved to the States in order to protect the health and safety of citizens, including the unborn. The law is constitutional and should be upheld.
By a vote of 7-2, with Justices White and Rehnquist in dissent, the Court agreed with Roe and upheld her right to terminate a pregnancy in the first trimester (90 days). Controversial when announced, the Roe decision remains at the center of the legal controversy over the right to privacy versus the rights of the unborn. The Court permitted States to require informed consent, a 24-hour waiting period, and/or parental notification, but held that States may not place an “undue burden on a woman's right to an abortion.

 

Wed, 19 Mar 2008 07:47:27

Roe v. Wade, In 1971 the case was argued before the Supreme Court. The legal, moral, and political controversy surrounding the abortion issue has polarized the American public. The argument that the decision deprives the unborn child of its “right to life.” In Texas, State law prohibited the termination of a pregnancy by artificial means (surgery) except when the life of the mother was in danger. The statute was construed as a “nearly complete ban on abortion.” This case involved the right of privacy as implied by Amendments 1, 3, 4, 5, 9, and 14 versus the police power of the States.


For Roe under the Bill of Rights, a woman has the right to terminate her pregnancy. It is improper for a State to deny individuals the personal, marital, familial, and sexual right to privacy. No case in its history has the Court declared that a fetus—a developing infant in the womb—is a person. Therefore, the fetus cannot be said to have any legal “right to life.” Because it is unduly intrusive, the Texas law is unconstitutional and should be overturned. For Wade the State has a duty to protect prenatal life. Life is present at the moment of conception. The unborn are people, and as such are entitled to protection under the Constitution. The Texas law is a valid exercise of police powers reserved to the States in order to protect the health and safety of citizens, including the unborn. The law is constitutional and should be upheld.


By a vote of 7-2, with Justices White and Rehnquist in dissent, the Court agreed with Roe and upheld her right to terminate a pregnancy in the first trimester (90 days). Controversial when announced, the Roe decision remains at the center of the legal controversy over the right to privacy versus the rights of the unborn. The Court permitted States to require informed consent, a 24-hour waiting period, and/or parental notification, but held that States may not place an “undue burden on a woman's right to an abortion.

 

Wed, 19 Mar 2008 10:32:42

The court case Yates vs. United States began on October 8, 1956. The decision was made on June 17, 1957. In this case fourteen people were charged with violating the Smith Act, which is best known for its use against political organizations. The fourteen people were members of the Communist Party in California, this was said to be a violation of the Smith Act. The Smith Act made it unlawful to overthrow any government in the United States by force.
Yates said his party was engaged in actions that were not reacting visibly to something and any violation of the Smith Act involves active attempts to overthrow the government by force.
The issue in this case was whether or not Yates first amendment right to freedom of speech protected her. The Supreme Court said in order for the Smith Act to be violated, people must actually do something not just believe in it. The Supreme Court reversed the convictions and sent the case back to a District Court for retrial.

 

Wed, 19 Mar 2008 10:57:40

Escobedo v. Illinois

A 22 year old Mexican man named Danny Escobedo was arrested and taken to police headquarters for questioning for the murder of his brother-in-law that occurred 11 days before. He had been arrested shortly after the crime but made no statement and was released when his lawyer obtained a writ of Habeas Corpus from a state court. While being questioned he was not allowed to see his attorney even though both he and his attorney requested to see each other several times but were both denied the privilege. He was also not advised of his right to remain silent. He eventually made a damaging statement against his case that was submitted to the court and was convicted of murder. The police told Escobedo that his attorney didn’t want to see him. They said that he gave the information willingly and didn’t need to be informed of his rights because he was only being questioned for an unsolved case, he was not charged or arrested for anything. The police told him that he was blamed for a murder by someone else at the crime and he admitted to being at the scene by blaming the man that blamed him. He appealed the case and it was overturned.
The court said that when Escobedo requested to see his attorney and was denied that it was no longer a general investigation for an unsolved crime and that he had been accused. At this point, he should have been allowed to see his lawyer and should have been read his rights. Having not been told his rights or allowed to see his attorney, the Supreme Court decided in favor of Escobedo and overturned the ruling.
The dissenting opinion says that it is all a matter of whether or not he gave up this information willingly or not. They believe that this was all still under a general investigation and that he gave up his information willingly and that he didn’t need to be read his rights and that he didn’t need to be allowed a meeting with his attorney.

 

Wed, 19 Mar 2008 11:18:06

Goss v. Lopez Et Al January 22, 1975

In this case of Goss v. Lopez it is very interesting because it’s talks about schools and students. In this case happened in Ohio, Public School System. Nine students at two high schools and one Junior high school in Columbus, Ohio, were given ten-day suspensions from school. The school principals didn’t require them to do so. The principals’ actions were challenged, and a federal court found that the student’s rights had been violated. They were denied due process of law contrary to the command of the fourteenth Amendment in that they were temporally suspended from their high schools without a hearing either to suspension or within a reasonable time thereafter, and enjoining the administrators to remove all references. The case was then appealed to the Supreme Court.
The facts are important are that appellants proceed to argue that even if there is a right to a public education protected by the Due process Clause generally, the Clause comes into play only when the State subjects a student to a severe detriment or grievous loss. The court decision was rest o the premise that, under Ohio law, education is a property interest protected b y the Fourteenth Amendment’s Due Process Clause and therefore that any suspension requires notice and a hearing.
In my opinion a student interest in education is not infringed by a suspension within the limited period prescribed by Ohio Law. The conclusion of this case about if the permission of the suspensions without preliminary hearings violate the students can due process right guaranteed by the Fourteenth Amendment. The conclusion about its yes the Court held that because Ohio had chosen to extend the right to an education to its citizens. It could not withdraw that right on grounds of misconduct absent fundamentally fair procedures to determine weather the miscount had occurred. The Court held that Ohio was constrained to recognize students’ entitlements to education as property interest protected by the Due process Clause that could not be take away without minimum procedures required by the Clause.

 

Wed, 19 Mar 2008 11:41:01

Roe v. Wade
Roe verses Wade is a Supreme Court case that dealt with abortion. Norma McCorvey, alias “Jane Roe”, originally filed the suit. She wanted to terminate her pregnancy and the Texas law said she couldn’t unless her life was in danger while she remind pregnant. She said that the abortion law in Texas violated her constitutional rights and other women’s rights. The issue was whether or not a state law that bans or regulates abortion violates a person’s constitutional rights to privacy or personal choice in matters of family decisions or marriage. Henry B. Wade, the district attorney of Dallas County, Texas, was the defendant.

An important fact is the Fourteenth Amendment. The Fourteenth Amendment includes three rights: the right to due process, the right to equal protection and the right to the privileges and immunities of national citizenship. The Due Process clause in the Fourteenth Amendment applies to all states and limits the substantive power of the states to regulate certain areas in a person’s life. It also prescribes some procedural requirements on governments when they impair life, liberty, or property. According to the constitution “a woman has a constitutionally-protected privacy interest in choosing to have an abortion before viability”. According to the constitution it is up to the states to regulate their abortion laws as long as it does not place an “undue burden” on the woman’s right to choose a pre-viability abortion.

The Supreme Court decided that women did have the right to privacy and reproductive autonomy but the states can still regulate abortions only in certain circumstances. Mr. Justice Rehnquist was one of the dissents. He stated, “The Court’s opinion decides that a State may impose virtually no restriction on the performance of abortions during the first trimester of pregnancy.” He also goes on and writes, “Nothing in the Court’s opinion indicates that Texas might not constitutionally apply its proscription of abortion as written to a woman in that stage of pregnancy.” Mr. Justice White is another one of the dissents. He says, “I find nothing in the language or history of the Constitution to support the Court’s judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes.”

 

Wed, 19 Mar 2008 21:23:22

ROPER v. SIMMONS (2005)
In the Case of Roper v. Simmons, the U.S. Supreme Court ruled 5-4 due to the eighth and fourteenth amendments, any juvenile who was under the age of 18 when they committed a crime can’t be executed—even if the crime is considered a ‘heinous’ one. This ruling, on March 1, 2005, changed the constitutional laws, stating that anyone that commits a crime while he or she is under the age of 18 can’t be executed.
Some of the motivation behind this hearing was that in the past, it was believed that the brain’s reasoning skills stopped improving when a person grew to age 14; however, new studies show that the brain’s reasoning skills are the last part of the brain to become fully mature, and usually this section of the brain is still developing into an individual’s early twenties. In fact, your reasoning skills start to speed up their developing rate when you hit 14.
Previously, a total of 13 criminals were executed for crimes they committed while still a minor in the state of Texas alone; Virginia had three, Oklahoma had two, and states that had just one included: South Carolina, Missouri, Florida, and Georgia. Back in 2002, three states tried 16-year-olds as adults-these included: New York, Connecticut, and North Carolina; nine states tried juveniles 17 years and older, and the remaining 38, plus the District of Columbia, considered you an adult at the age of 18. The last criminal executed for a crime at the age of a minor was Scott Allen Hain on April 3, 2003, in Oklahoma; he committed the crime at age 17, and was executed when he was 32.

 

Laura Field

Thu, 20 Mar 2008 06:45:10

Gitlow v. New York
In this case, Benjamin Gitlow was convicted of publishing and handing out pamphlets that were unlawfully detrimental to the government. The pamphlets, called the Left Wing Manifesto taught people how to overthrow an organized government using violent and unlawful acts.
Benjamin Gitlow’s attorney argued that by arresting Benjamin Gitlow, the law was violating his freedom of expression that is given to him by the First Amendment. The state of New York argued that he was committing an act of anarchy because he was trying to overthrow the government by publishing his pamphlets.
The problem that the state of New York saw was that there was a Socialist Party named The Left wing Section that was formed was meant to overthrow the government. Gitlow was a member of the board that was formed and started publishing the pamphlets about overthrowing the government. There were 16,000 copies made of these pamphlets. The dissenting side, which was led by Justice Holmes, argued that he was committing anarchy and that he needed to be punished for it. The courts looked at this case and realized that nobody took the pamphlets serious. There were no strikes and nobody was trying to overthrow the government. So Gitlow ended up winning the case because nobody tried to overthrow the government.

 

Mon, 24 Mar 2008 18:58:29

"Smokin in the Girls' Room"

New Jersey vs. T.L.O
In this case, two girls, T.L.O and her friend, from New Jersey were found smoking in the Piscataway High School girls' restroom. This was against the school's rules, so the teacher who caught the girls escorted them to the principal's office. Theodore Choplick, the assistant vice principal at Piscataway High School, questioned both girls about the situation. T.L.O's friend admitted to being guilty of smoking, however, T.L.O. denied everything.

Mr. Choplick then made T.L.O. give her purse to him and he rummaged through it. He not only found the cigarettes, but rolling papers as well; which led him to search the purse even further. He found a pipe, possession of marijuana, etc. He was forced to call her parents and the police. T.L.O. was taken to the local police station, where she admitted to selling marijuana at school.

T.L.O. wanted the evidence from her purse to be surpressed because she believed it violated the Fourth Amendment. She also thought that the search was unlawful. T.L.O. took the case to the Supreme Court. They found the search reasonable due to the suspicion of her smoking in the restroom. New Jersey won the case.

I think the court made the right decision.

 

Mon, 24 Mar 2008 19:13:45

Texas vs. Johnson
In 1984, a public demonstration was held in Dallas, Texas while the Republicans were having their National Convention in the city. The demonstrators were protesting the Reagan administration’s policies. The group marched through the streets staging “die-ins”, or simulating being dead, in order to show what happens with a nuclear war. Gregory Lee Johnson was handed an American flag, and he proceeded to pour kerosene and light the flag on fire.
The defendant, Johnson, was convicted by the State of Texas for desecrating a venerated object, which was in violation of a Texan law. Johnson was the only person arrested from the demonstration. He was sentenced to one year in prison and fined $ 2,000 by the Texas court. The Court of Appeals in Dallas’ Fifth District approved this conviction, but the Texas Court of Criminal Appeals believed “that the State could not, consistent with the First Amendment, punish Johnson for burning the flag in these circumstances.”
The case was brought to the Supreme Court and began on March 21, 1989. The question of this case was if Johnson’s conviction was or was not consistent with the First Amendment. During the case, the State of Texas argued that Johnson’s actions were expressive, not and were not protected under the First Amendment. The State also stated they were trying to prevent “breaches of peace.” Johnson explained to the Court that “the American Flag was burned as Ronald Reagan was being renominated as President. And a more powerful statement of symbolic speech, whether you agree with it or not, couldn’t have been made at that time. It’s quite a just position. We had new patriotism and no patriotism.” The case was decided on June 21, 1989. The Supreme Court decided that Texas’ claim Johnson breaching the city’s peace didn’t support the reason for Johnson’s conviction because there were in fact no threats of disturbing the peace. The Supreme Court ruled that in Johnson’s case, his conviction was not consistent with the First Amendment and the Texas Court of Criminal Appeals’ judgment was affirmed.

 

Tue, 25 Mar 2008 07:59:55

Hazelwood v. Kuhlmeier (1983)
Students from Hazelwood East High School journalism class finalized their school paper in May 1983. Robert Reynolds, the principal, reviewed the paper and found two articles that concerned him. The first one talked about teen pregnancy. Reynolds felt that there was enough information about the pregnant teens for people to figure out who they were even though names were not included. The next article was about divorce. Reynolds mainly felt that the articles were giving out to much personal information about the students involved. He had to make a quick decision so the journalism could meet there deadline. He decided to just delete the two offensive articles out of the paper rather then try to have the students write something else.
The students were upset because the felt that they did every thing according to proper journalism procedures. They felt that this censorship was a direct violation of their First Amendment right. They then decided to take there case to the U.S. District Court for the Eastern District of Missouri. The court disagreed with the students. The court felt that if the school had to they could place limits on curricular activities.
The students then took their case to the Court of Appeals for the Eight Circuit. The court said that the student’s rights were violated. They stated that school officials could only censor it when necessary to avoid material and substantial interference with school work or discipline. The school appealed the decision of the Court of Appeals and the Supreme Court of the United States agreed to hear the case. The Supreme Court ruled that the school was aloud to censor the paper.

 

Tue, 25 Mar 2008 09:02:02

DEBS v. UNITED STATES
Mr. Seymour Stedman, of Chicago, III is for the defendant. Mr. John Lord O’Brian, of Buffalo, N.Y. is for the United States. This is an indictment under the Espionage Act of June 15, 1917, c. 30, tit. 1, 3, 40 Stat. 219, as amended by the Act of May 16, 1918, c. 75, 1, 40 Stat 553 (Comp. St. 1918, 10212c).” Which pretty much means that the defendant is being accused of spying and use of spies by a government to discover the military and political secrets of other nations. His count was cut down to 2.
Eugene V. Debs stood out more then any other leader of the Socialist Party. Debs delivered a speech against the First World War to 1,200 people at the Ohio state convention of the Socialist Party on June 16, 1918 in Canton, Ohio. Debs was accused of insubordination, disloyalty, mutiny and refusal of duty in the military and naval forces of the United States and also promoting the cause of Germany.”
Nearly winning almost a million votes, Debs ran for president from his prison cell. During Debs speech, he stated, “I must be exceedingly careful, prudent, as to what I say, and even more careful and prudent as to how I say it. [Laughter.] I may not be able to say all I think; [Laughter and applause] but I am not going to say anything that I do not think. [Applause.] I would rather a thousand times be a free soul in jail than to be a sycophant and coward in the streets.” The theme of the speech was Socialism, its growth and to have success in the future.

 

Tue, 25 Mar 2008 10:50:05

Gideon vs. Wainwright 1963

In this Supreme Court case of 1963, 51-year-old, Clarence Earl Gideon was convicted of felony in a Florida Court by breaking and entering the Bay Harbor Poolroom in Panama City, Florida. After his denial for the request of free counsel, due to his lack of funds, he in turn defended himself. The court stated that it was only necessary to appoint counsel to indigent defendants in capital cases.
He was sentenced to a maximum of 5 years in prison. While he was still prison, he mailed a handwritten petition requesting the Florida Supreme Court file an appeal to be retried. The Florida Supreme Court informally rejected his petition. He decided to send another handwritten petition, only this time; it was to be sent to the United States Supreme Court saying Florida Courts System denied him constitutional rights.
After his conviction, the Supreme Court decided that the right to counsel was fundamental to a fair trial. His appeal was made and the court did not force him to pay the filing fee ($100) or supply the court with 40 printed copies of his own petition. He was acquitted of the charges against him after his retrial. It was brought to attention that a state’s failure to provide counsel is a violation of due process in the Fourteenth Amendment. Chief Justice Earl Warren protected the rights of the accused.

 

Tue, 25 Mar 2008 22:36:48

In the early 1970's the Medical School of the University of California at Davis allowed only 100 students every year and for admissions purposes they had two programs that decided who got in. There was a regular admissions and special admissions program.
Under the regular admissions procedure the candidates who had a grade point average of below 2.5 on a 4.0 scale were automatically rejected. Interviews were then given to about one out of six of the applicants and later that applicant would be on a scale of 1 to 100 rated accordingly by one of the committee members. An applicant was admitted into the program based on a "benchmark score" that included his grade point average, interview score, his grades in science courses, letters of recommendation, scores from the Medical College Admissions Test and other biographical data.
The case of Regents of the University of California v. Bakke was a significant case because it was a landmark decision affirmative action by the Supreme Court.
The main issue was regarding the special admissions program. This program was run by a separate committee, a majority of them being from different ethnic groups. The 1973 and '74 applications forms asked candidates whether or not they would want to be considered a member of a "minority group" or as "economically and/or educationally disadvantaged." These candidates did not have to meet the 2.5 grade point average cutoff point and where not ranked against the applicants in the general admissions process. About one fifth of the applicants from that pool were invited for interviews in 1973 and '74 which they were given benchmark scores and then the top choices of that group were then passed on to the general admissions committee which either accepted or rejected the special candidates.
Although there were no disadvantaged whites that were admitted under this special program, there were many that applied. Respondent, a white male applied and was rejected from Davis in both 1973 and 1974 while having very high scores but was rejected because he was still being considered under the general admissions program. In both the years he was rejected while his scores were still significantly higher than some of the special applicants that were admitted.
After being rejected for the second time he filed an action in the California state court alleging that Davis' special admissions program excluded him on the basis of his race. He felt this was a violation of the Equal Protection Clause of the Fourteenth Amendment. The court found that the special admissions program of Davis operated more as a racial quota since minority applicants only rated against one another and there was 16 places reserved in the class of 100 for minority applicants.
On October 12, 1977 the court case of Regents of the University of California v. Bakke was argued and on June 28, 1978 the outcome was decided. The holding stated that affirmative action systems are constitutional but a quota system based on race such as the situation represented in Regents v. Bakke is unconstitutional.

 

Wed, 26 Mar 2008 16:06:05

Nixon vs. U. S.

In 1972, five men were arrested inside Democratic National Committee's office in the Watergate complex in Washington D.C. the reason why they were arrested was because they were armed with cameras and equipment that was bugged, and they later discovered that they were working for the presidents re-election committee, Nixon opposed to any connection with this. Of course the men were convicted of burglary and former people who worked for the Nixon campaign included E. Howard Hunt Jr., who was a former aid for Nixon, and G. Gordon Liddy, a lawyer for the committee.
Not even months after they were convicted the judge who sentenced them got a letter from an inmate, who he sentenced talking about payoffs to the burglars to keep them quiet. In 1973 they began to investigate and it showed that Nixon’s frontline people were involved in a cover up and other illegal actions.
The constitution had questions about with holding information form other branches of government and should he have privileges because he is president. Does the separation of powers allow for the settlement of this dispute to reside in the executive branch or should it be settled by the judicial branch? Does the claim of executive privilege damage the precedent set by the 5th Amendment, which ensures due process?

The united states said that the presidents power to withhold information from any branch or group and the united states if none at all. And the presidents arguments were that it is vital and that the dispute should be solved by the executive branch not the courts. The court ruled in favor of the united states because holding a piece of evidence away from the court is not right.
After that happened Nixon stepped down from presidency and was the first president to do so in 1974... Due to a fear of being impeached.


 



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