...Brown v Board of Ed. Topeka Kansas (1954) by Alexes Mercado http://www.watson.org/~lisa/blackhistory/early-civilrights/brown.html The 14th Amendment states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. In the early 1950's, racial segregation in public schools was normal all across America. Although all the schools were supposed to be equal, most black schools were far inferior in comparison to the all white schools. There was a black third grade girl named Linda Brown from Topeka, Kansas. She had to walk one mile through a railroad switchyard just to get to her school all black school. Yet, there was an all white elementary school only seven blocks away from her home. When her father, Oliver Brown, attempted to enroll Linda in the white elementary school, the principal would not allow it. Frustrated, Mr. Brown then went to the National Association for the Advancement of Colored People or the “NAACP. The NAACP was eager to assist the Browns, as it had long wanted to challenge segregation in public schools. Other parents joined the Browns in their complaint...
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...Before the ruling the Supreme Court had not openly acknowledged the assimilation of the Second and Fourteenth Amendment. The Supreme Court decided to determine the Second and Fourteenth Amendments as being integrated due to the fundamental nature of self-defense and the need to bear arms in able to guarantee self-protection. The Court confirmed that the Fourteenth Amendment was created to create equal protection of all people. The Court decided that it was not a good idea to treat the right to bear arms any differently than any of the other rights that are listen within the Bill of Rights unless there is an overwhelmingly good reason to do...
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...Real Estate Land Use definitions Land Use & Climate: The idea that land use directly affects climate and weather. It proposes that land use, population growth, and the increased sprawl of development can be a contributing factor in how the climate or weather will be like in the near future. Incrementalism: It is necessary to accept the realities of the processes by which planning decisions are taken; essentially incrementalist approach replaces grand plans by a modest step by step approach which aims at realizable improvements to an existing situation. It is a method of successive limited comparisons’ of circumscribed problems and actions to deal with them. Impact Fees: A charge levied on developers by local governments to pay for the cost of providing public facilities necessitated by a given development. Rational Nexus: A reasonable connection between impact fees and improvements that will be made with those fees. Jurisdictions must be able to justify the fees they charge developers by showing that the fees will be spent on improvements related to the development. Linkages: Typically, a payment to a municipality for some needed development that is not necessarily profitable for a developer (say low-income housing) in exchange for the right to develop more profitable, high-density buildings (say, commercial development). Incentive Zoning: Zoning provisions that encourage but do not require developers to provide certain amenities or qualities in their projects in return...
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...The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was the first of several significant cases that re-evaluated the role of the 14th Amendment as it applied to state judicial systems. In a 6-3 decision, the Court overturne the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States, the Court noted, and the 14th Amendment requires judges to uphold those standards in every State. Evidence gained by an illegal search became inadmissible in State courts as a result of the decision. The “Mapp Rule” has since been modified, so the exclusionary rule is no longer as absolute as when first handed down in Mapp. Critics of...
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... and that extreme difficulty which might perpetuate its discovered faults.” Some critics of the amending process contend that amendments, once proposed, should be submitted to popular vote, bypassing state legislatures. Do you agree or disagree? Why? P1. According to professor Douglas Linder, the delegates assembled in Philadelphia were under no illusions that the constitutional scheme they were struggling to establish was perfect for present circumstances, much less perfect for the future generations of Americans. Jefferson’s letter to James Madison in 1789 included these words: “Every constitution...naturally expires at the end of 19 years. If it be enforced longer, it is an act of force and not of right.” If we were to take Jefferson’s words literally, we would have to disagree, since it goes hand and hand with the process of the human mind. P2. The framers believed that a flexible constitution would provide the protection needed by a young and somewhat fragile government against revolutionary upheavals. As one delegate said, "The novelty and difficulty of the experiment requires periodical revision.” In order to form a more perfect union under the Preamble, it was necessary to provide a means to keep the Constitution a “living” document. P3. Under Article V, by a two-thirds vote in each house, Congress may propose an amendment to the states & specify whether the mandated three-quarters of the states are to ratify it in their legislatures or by a special...
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...NGVAC was reportedly forced to remove the list of boycott participants from public view on its Facebook event page after the tiny number was dwarfed by more than 24,500 Facebook users committing to participate in the "reverse boycott." (What they cannot hide, however, is the tiny number of followers on this supposedly national anti-gun groups' Facebook page - just 258. By comparison, Buckeye Firearms Association has over 11,700.) Many participants agreed to pay and/or tip with $2 bills to signify support for the Second Amendment. And while it is impossible to measure the exact financial boost the reverse boycott had on Starbucks' bottom line, the anecdotal evidence posted at the Facebook event page for the 'BUYcott' suggests it was substantial. The comments also suggest that most store managers weren't aware of the NGVAC boycott, but they were definitely aware of the increased business thanks to gun owners! In case you missed our article a few days back, the National Gun Victims Action Council has decided to start a movement for all anti-gun supporters to boycott Starbucks this Valentine’s Day, February 14th, 2012. In response to this boycott, a few bloggers have started a Starbucks Appreciation Day “BUYcott” to counter the NGVAC’s rally. To participate in the Starbucks Appreciation Day, the call-out is to...
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...Big Business Corporatism Versus Free Market Capitalism Right now, there is a lot of talk about the evils of “capitalism”. But it is not really accurate to say that we live in a capitalist system. Rather, what we have in the United States today, and what most of the world is living under, is much more accurately described as “corporatism”. Under corporatism, most wealth and power is concentrated in the hands of giant corporations and big government is used as a tool by these corporations to consolidate wealth and power even further. In a corporatist system, the wealth and power of individuals and small businesses is dwarfed by the overwhelming dominance of the corporations. Eventually, the corporations end up owning almost everything and they end up dominating nearly every aspect of society. As you will see below, this very accurately describes the United States of America today. Corporatism is killing this country, and it is not what our founding fathers intended. Corporatism is actually not too different from socialism or communism. They are all “collectivist” economic systems. Under corporatism, wealth and power are even more highly concentrated than they are under socialism or communism, and the truth is that none of them are “egalitarian” economic systems. Under all collectivist systems, a small elite almost always enjoys most of the benefits while most of the rest of the population suffers.The Occupy Wall Street protesters realize that our economic system is...
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... Mark Harper L107/ 7917 Date: 2-5-15 Langston Hughes “Harlem” (pg.1019) is a lyric poem with irregular rhyme and irregular patterns that expresses how the blacks were treated during the oppression in America. There are eleven lines and seven sentences. Each sentence is a simple sentence. The poem consist of Alliteration: “What happens to a dream deferred? Does it dry up?” (Lines 1-2). “Syrupy sweet” (line 7). This poem consists of similes: “Does it dry up like a raisin in the sun? Or fester like a sore- “(Lines 2-4) this is a comparison of the dream to a raisin and fester. “Does it stink like rotten meat? Or crust and sugar over- like a syrupy sweet?” (Lines 6-8) This is a comparison of the dream to foods. “Maybe it sags like a heavy load.” (Lines 9-10) Comparison of the dream to a heavy load. The poem has a rhythmic, lyrical quality achieved by alliteration, rhyme, repetition of words and carefully placed syllables. The length of the poem varies. In line 1 it has eight syllables, line 2 has four, line 3 has seven, line 4 has six, and line 5 has three. The irregular pattern and movement gives the line a jagged edge, like a piece of broken glass, giving Hughes to leave an impression on the reader of being cut. The poem isn’t imitating any format used by other poets. It does show certain forms included in the following: Each line is stressed, except for line 7. Six of the seven lines...
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...criminal justice system which is based on the principle that a citizen has some absolute rights and cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards” ("Due Process Model Law," 2001, p. 1). This model involves two aspects which are procedural and substantive. The main focus of the due process model is the power of the government to protect its society with less focus on the individual liberties of the people. Crime control model is a law that refers to a theory of criminal justice which focuses on decreasing the crime in society through increased police and their prosecutorial powers. Since these two models go hand and hand with criminal justice there will be various opinions of the comparisons and the contrasts. Some of the differences amongst the due process model and the crime control model are that people are innocent until proven guilty in the court of law in conjunction with the due process model. This allows for everyone to be able to receive a fair trial. For those who take the crime control model approach believe that people who are arrested, are guilty and are required to receive punishment by the government. Those who believe in the due process model law feel as though that policing within the criminal justice system is vital to maintaining justice amongst the society. For the individuals who back the crime control model feel that apprehending people in the criminal justice system displays a negative effect on society...
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...was the United States Supreme Court ruling that held that laws permitting the compulsory sterilization of criminals are unconstitutional if the sterilization law treats similar crimes differently. The relevant Oklahoma law applied to "habitual criminals," but the law excluded white-collar crimes from carrying sterilization penalties. The Court held that treating similar crimes differently violated the Equal Protection Clause of the 14th Amendment to the United States Constitution. The clause took effect in 1868, it simply states that no state can deny to any person within its jurisdiction “the equal protection of the laws”, which guaranteed that all people would have rights equal to those of all citizens. Basically that all citizens would be treated equally in all aspects, that it was their right as an American....
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...greeted with a cheerful, “Good Morning!”, being met with screams from angry protestors. Imagine, instead of a teacher’s warm embrace, feeling the glare of an enraged mob. Imagine, instead of skipping into school with a new backpack and shiny shoes, being hastily escorted up the school steps by federal agents. This was the reality of Ruby Bridges’ first day of school. Since their arrival in America, African Americans have been looked down upon, mistreated, and oppressed. Immediately cast into a miserably demanding labor system known as slavery, African Americans were forced to act as the backbone of the household, completing extensive chores without pay and adequate basic necessities. It wasn’t until the late 1860s that the 13th, 14th, and 15th Amendments were passed, abolishing slavery and granting African American men citizenship and limited rights. However, African Americans continued to be treated with prejudice and plain hatred. In an attempt to keep African Americans segregated, Jim Crow laws were passed and upheld throughout the South. These laws seemed to erase any progress made by African Americans in achieving social justice and were even upheld by the Supreme Court on the idea that citizens could be kept “separate but equal”. For the next sixty years, African Americans would be barred from public facilities, openly discriminated against, and disrespected solely on the basis of their skin color. Nevertheless, African Americans continued to fight with strength and persistence...
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...Comparison of Cruzan and Schaivo Cruzan o The family all agreed to discontinue the g-tube feedings on Cruzan who suffered permanent brain damage, but the state intervened and kept Cruzan alive because there was no clear and convincing evidence of the intent to refuse care. The state ruled that they had an interest in Cruzan’s life. o Principles established the right to refuse medical treatment is a liberty interest under the 14th Amendment The state has a valid interest in protecting all life A justification for a high standard of proof in evaluating the actually intention of a persistently vegetative patient. • Cruzan used Addington precedent which established clear and convincing evidence as a constitutional minimum for decisions to discontinue nutrition and hydration. Belmont Report principles (principles of bioethics ) o Beneficence –requires that the varied risks and benefits of an intervention be weighed.; the duty to do good o Non Maleficence- duty to do no harm o Autonomy -patients are able to exercise free will and free decisions o Justice- Freedom from discrimination; fairness in distribution of medical resources Medical Futility- o The concept that medical care should be deemed futile was one of the 3 fundamental principles that Hippocrates declared for the practice of medicine: to cure, relieve suffering and refuse to treat “those who are overmastered by their disease. o The AMA Code of ethics provides that the decisions should not be...
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...Rose v. Council for Better Education (KY, 1989) Rose v. Council for Better Education challenged Kentucky's school finance system. The organization Council for Better Education, Inc. claimed the system violated the Kentucky Constitution. The clause states that the “General Assembly shall, by appropriate legislation, provide for an efficient system of common schools throughout the state.” (Ky. Const. 183). It also alleged the system violated the due process law clause of the 14th Amendment to the United States Constitution. The council alleged there were state wide inequities and inequalities. The current school finance system failed to provide a quality education for all students in Kentucky due to inadequate funding throughout the state. Plaintiffs from sixty-six rural districts filed a suit. The council modeled the suit after Serrano, stressing the impact on rich districts verses poor districts. The board for the Council for Better Education argued the entire financial system was inefficient. The Council for Better Education received support from a committee called the Prichard Committee for Academic Excellence and the committee's coordinator, Robert Sexton. Sexton was instrumental in leading educational reform in Kentucky. The Prichard Committee used the media to publicize a report called A Path to a Larger Life. The report focused on topics crucial to education reform. Some of the topics were school finance, school governance, educational outcomes...
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...changed by 1945? From the late 1800’s to early 1945, the lives of African Americans both in the Northern and Southern states had improved but only to a minor extent. America in the 1800’s, was a country riddled with hypocrisy when it came to the treatment of black people, particularly in the South. The notion of the founding principals of America were that “all [people are] born with the same unalienable rights to life, liberty, and the pursuit of happiness” however, this was far from reality. There were some significant political improvements from 1863-1870 following the the Emancipation Proclamation declared by President Lincoln in 1863. Also, African Americans were granted citizenship and the right to vote as a result of the 14th and 15th amendments. However, with a society inundated by Jim Crow Laws – which enforced segregation – ex-slaves were far from liberated. Within the Southern States such as Georgia, Mississippi and South Carolina, white supremacy had been entrenched and southern racists were able to devise ways of oppressing black people, irrespective of the Federal law. A specific example of this is the Plessy v. Ferguson case (1896) which stated that segregation was constitutional according to the principal of 'separate but equal'. As justifiable as it may have seemed, segregation resulted in inferior educational and public facilities for black Americans which inevitably, caused an increase in discrimination from white Americans. Despite the overwhelming political...
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...for lawbreakers, debtors, and a facility to housed slaves. Throughout history, jails have served as facilities where the laws of the land are enforced. These institutions are an important factor within the justice system, which allows criminal justice procedures to take effect. These institutions house suspects in order for law enforcement officers (LEOS) to conduct their investigation to bring the guilty to justice (Princeton, 2010). Jails can be traced back to ancient civilizations; these houses of justice form the fundamental iron cloth of the law that ensures laws and discipline of the nation are adhered. The correctional system of today's generation have conformed and improved the jail system, these facilities are now humane in comparison to old civilizations. Offenders of modern society still initiate the first phase of his or her restitution, rehabilitations, and reformation behind these walls. Enslavements have been replaced with prison labor; furthermore, these theological methods help inmates to repay society while earning a stipend in jail. The correctional system of some regions still practices the old jail concepts of inflicting pain by torturing individuals in lock up for crimes committed. This atrocious and inhumane system was used to defer others from committing similar crimes through fear of imprisonment. This way of punishment did not...
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