...The 13th, 14th, 15th, and 19th amendments have all greatly affected and changed the lives of many Americans for different reasons. Each of these amendments has to due with giving people equal rights no matter what race or gender that they may be. These are all tremendous milestones in American history. First, the 13th amendment was passed in 1865 to end slavery. African Americans were no longer allowed to be considered as property. Instead, they became viewed as real people, and slavery was banned unless it was used as a form of punishment This amendment was passed because before and during the civil war, most northern citizens strongly stood against slavery. They thought it was unjust to make people work for long hours and to be treated unfairly. This amendment clearly and effectively signified that no American citizen could own slaves....
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...not have to appoint counsel to defendants unless a person is charged with a capital offense. Petitioner protest that he had a right to counsel, but was force to put on his case and lost. Petitioner filed a habeas corpus petition to the Florida Supreme Court and challenge his conviction claiming the refusal to appoint counsel in his trial encroached on his 6th Amendment right of the U.S. Constitution. The Florida Supreme Court denied the petitioner relief citing case law from the Betts v. Brady case which held the...
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...There are many figures in that helped shape American society, but Susan B. Anthony is one figure that deserves praise for all her accomplishments, influence on politics, and influence on time period. Without her contributions, modern society wouldn’t be close to what it is now. Susan B. Anthony was born on February 15, 1820 from Daniel and Lucy Anthony. Both of Anthony’s parents encouraged her to push toward her cause. Daniel Anthony was a Quaker, believing in the idea that everybody should think independently and speak their mind. Lucy Anthony enlightened her daughter by becoming an icon for the burdens of marriage, igniting a reason to accomplish all that Anthony did ( Batten ). Starting out, Susan B, Anthony became a teacher and a headmistress...
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...Name Professor Course Date Brown vs. Board of Education The Brown vs. Board of Education case was a colossal influence on desegregation of schools in the United States of America. It created a milestone of equal opportunities in schools among the blacks and whites. The ruling of this case took place in 1954 and it ruled in favor of Mr. Brown. It is among one of the important cases ever heard on racial prejudice in the American history. The Brown vs. Board of Education case is about a young third grader girl in Kansas, Topeka city named Linda Brown (Dudley 48). Linda was subjected to trekking one mile through a railway switchyard daily in order to reach her black elementary school despite there being a white school seven blocks away from her home. Browns father attempted to find a chance in the white school to get her enrolled there since the black elementary school was far from home but the principal of the white school rejected Linda’s enrollment because she was black and the school was a white school. Mr. Brown and other parents reported the incident to the head of Topeka’s National Association for Advancement of Colored People (NAACP). The head of NAACP Mr. McKinley Burnett had really waited for such an opportunity so as to challenge racial segregation problem in court as segregation cases were very rampant in the United States schools. This was the right opportunity as Mr. Burnett and NAACP took legal action by taking the case to the District court. Brown lost the case to...
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...regarding illegal immigrants and anchor babies. This issue is seeking more and more attention by the government and political figures. How does the government should deal with increasing numbers of illegal immigrants and increasing population of anchor babies. When this issue arises in the debate, we turn to 14 Amendment of Constitution, which states; All persons born or naturalized in the United states and subject to the jurisdiction thereof are citizens of the united States. The intent of the original amendment is not to facilitate illegal aliens defying U.S. Law and obtaining citizenship for their offspring, or obtaining benefits at taxpayer expense. The United States is unusual in it's proposal to extend citizenship to anyone born on its soil. If we turn to other developed countries that have developed their citizenship practice to eliminate the problems caused by the practice of birthright citizenship. The anchor baby problem has grown to such large proportions that the united States cannot avoid it. It is only logical to correct the problems that is getting bigger and bigger this burden falls on Congress to adopt legislation clarifying the meaning of the 14th amendment. According to Pew Hispanic analysis finds that nearly four-in-five (79%) of the 5.1 million children (younger than age 18) of unauthorized immigrants were born in US and therefore are...
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...Washington vs. Glucksberg Case Synopsis Washington v. Glucksberg was a case upon which the United States Supreme Court came to the unanimous decision that the right to assist patients commits suicide was not protected by the Due Process Clause. To begin with, Dr. Glucksberg, a medical practitioner with the assistance of a non-profit organization challenged the ban by Washington state against assisted suicide in the Natural Death Act of 1979. The main argument was that assisted suicide was a right interest safeguarded by the Due Process Act present in the fourteenth amendment of the constitution. Furthermore, the district court made a ruling in favor of Dr. Glucksberg which was later over turned by the United States Court of Appeal after rehearing the case. Nevertheless, the ninth circuit reversed the decision made by the previous court and affirmed the ruling made by the district court. The chief question raised during the arguing of the case was whether the protection of the previously mentioned clause encompassed the right to commit...
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...Law in business and society The United States Constitution states in Article VI that the Constitution, and all laws made under it, “shall be the supreme Law of the Land”. These laws affect all persons and entities on a daily basis. In this paper I will specifically deal with the laws related to business and the authority bestowed upon the Congress under Article 1 section 8 of the Constitution, also known as the Commerce clause, and how those powers are addressed in the case of Cipollone v. Liggett Group, Inc. et al., 505 U.S. 504 (1992). Cipollone v. Liggett Group, Inc. et al., 505 U.S. 504 (1992). In the case of Cipollone vs. Liggett, the plaintiff, Cipollone, filed a lawsuit against tobacco manufacturer Liggett for violating New Jersey State statutes dealing with consumer protections (Melvin, 2011). The case was heard by the United States Supreme Court because of the contention that the New Jersey statutes were in conflict with United States federal law. The authority of the Court to hear a case of conflict between federal and state laws was spelled out in the case titled Marbury vs. Madison(1803) which gave the Court the power of judicial review of any laws thought to be in conflict with the US Constitution. The court ultimately ruled against the plaintiff finding that the New Jersey statutes did conflict with Federal law and were preempted because of this conflict. Commerce Clause The Commerce Clause of the US Constitution is found in Article 1, section 8 which states...
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...“Ethnic Notions:” Exploring Caricatures Racial formation is the process by which socio-historical designations of race are created and manipulated. When dealing with racial formation, one dominant group always has the power to impose racial definitions onto others. In America’s history, this one dominant group has been Caucasians. In the book, “Ethnic Notions,” Marlon Riggs explores the evolution of caricatures imposed on African Americans throughout the history, claiming the impact of such caricatures “did as much harm as any lynch mob.” In many ways, this claim speaks the truth. The mammy, sambo, pickaninny, zip coon, and uncle are a few important caricatures that prove white America’s innermost fears regarding race and white superiority. The mammy caricature is one that defeminizes African American women. Drawn as a smiling, hefty servant, her loyalty to her white owner’s family trumps that to her own children. The mammy was used as evidence of the “humanity” of slavery’s institution, for she was posited as content with her lowly position. This caricature reflects the fear of mixing races. By desexualizing African American women, like the mammy, then white men would then be less likely to become sexually involved with them. Many blues artists in the 1920s-30s stood up against the mammy caricature, such as Ma Rainey; her image stood to sexualize the mammy. The sambo caricature was depicted as a perpetual child, one who was incapable of living an independent...
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...court, the right to review a Texas state law? The question was whether burning the flag was protected under the First Amendment right to free speech. The Supreme Court held that it was. The fact that a U.S. Constitutional right was asserted gave the Supreme Court federal jurisdiction. 2. Suppose that Johnson had burned a Texas state flag instead of the U.S. flag. * a. Would the U.S. Supreme Court have jurisdiction to hear the case? * b. If the Supreme Court did hear the case, do you think the decision would have been any different from this case? 3. The Supreme Court could hear the case and the result would more-than-likely have been the same because the actual issue was the Right to Free Speech under the U.S. Constitution, not whether the criminal law was state or federal. 1. What is the doctrine of separate but equal? “Separate but equal” doctrine announced by this Court in Plessy v. Ferguson, 163 U.S. 537. Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate. “The doctrine first enunciated by the U.S. Supreme Court in Plessy v. Ferguson, 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256 (1896), to the effect that establishing different facilities for blacks and whites was valid under the equal protection clause of the Fourteenth Amendment as long as they were equal.”1 2. What did the Court say about that doctrine in this case? That equal treatment...
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...enacting laws that discourage drug and alcohol abuse) 3. Promoting social justice (e.g., enacting statutes that prohibit discrimination in employment) 4. Maintaining the status quo (e.g., passing laws preventing the forceful overthrow of the government) 5. Facilitating orderly change (e.g., passing statutes only after considerable study, debate, and public input) 6. Providing a basis for compromise (approximately 90 percent of all lawsuits are settled prior to trial) 7. Facilitating planning (e.g., well-designed commercial laws allow businesses to plan their activities, allocate their resources, and assess their risks) 8. Maximizing individual freedom (e.g., the rights of freedom of speech, religion, and association granted by the First Amendment to the U.S. Constitution) What is Law? Definition A body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. Qualities of Good Law What qualities make for good law? Fairness Flexibility As time changes, our values and our thought of fairness changes so the law has to flexible enough to change with society Brown v. Board of Education (1954) U.S. Supreme Court Brown V. Board of Education (1954) Plessy v. Ferguson (1896) U.S. Supreme Court Separate but Equal $ Caucasian Students $...
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...rights and responsibilities of married couples (Merriam-Webster) but does not confer the same understanding as “marriage” * Constitutional * Full faith and credit clause * States must respect the “public acts, records and judicial proceedings of every other state.” This means that whether or not a state recognizes same-sex marriages, they must acknowledge those marriages of people from other states * Loving v. Virginia * “Right to marry is of fundamental importance for all individuals” * Sets precedence. Implies that some extenuating circumstances aren’t enough to bar marriage, same-sex couples should not be denied right * 1st Amendment * Provides for freedom of religion * Allows for any group to vocalize (freedom of speech) their views on marriage * Should not have any conduct on the legal aspect of union. (Separate section, imperative to mention it under constitutional rights * 14th Amendment * Due Process * Fundamental rights of citizens * Prohibition of same-sex marriage falls under a denial of basic and inherent rights * Equal Protection * Discrimination: interesting, as it requires has more flexible definitions. The Federal Government must step in to ensure that sexual discrimination does not...
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...Written Case Brief Case Title: Gratz v. Bollinger 2003. The Law: This case involved the Equal Protection Clause of the 14th Amendment, Title VI of the Civil Rights Act of 1964, and 42 U.S.C. §1981. The Equal Protection Clause says that states must treat every person equally under the law. A state can’t discriminate against a person or a group of people for no good reason (“Bill of Rights Institute...”); there must be a compelling government interest to rationalize any type of discrimination. Title VI of the Civil Rights Act of 1964 says that programs that receive federal funding cannot discriminate against a person based on their race. A wronged party can file a complaint with the Department of Justice to pursue a legal course of action (“Title IV of the Civil Rights…”)....
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...the British colonies before getting their independence. Hence now there are only three states in the world which lacks a written constitution, namely Britain, New Zealand, and Israel. A constitution is a set of rules which defines the structures and functions of a state, particularly, will define the principle of institutions, the legislature, the executive, judiciary and the nature and the scope of their powers. Moreover, Bradley and Ewing have defined a constitution as ‘ a document having special legal sanctity which sets out the framework and the principle functions of the organs of government within the state and declares the principles by which those organs must operate’. (A Bradley and K Ewing, Constitutional and Administrative Law (14th edn, Pearson/Longman, 2007), p.4) [1]In the introduction of a state’s constitution, there will be a discovery of a preamble, for example, in the USA the preamble states that: ‘We the people...do ordain and establish this Constitution’. (Article 2 of the 1936 Soviet Constitution.)[2] This shows the society as a sovereign power. An important question that often rises is “Should Britain adopts a written constitution”? This has always been the topic of debate and thus very controversial. Many of Britain’s population believe that there is no important reason to form a written constitution when it has been working perfectly fine so far. Some believe that there is no much difference whether the documents are codified or not. The consequences are...
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...the civil liberties which so many take for granted today. The origins of civil liberties for the United States dates back to England. The United States has a clean start by including the Bill of Rights in the American Constitution. The Bill of rights at first were the symbolism of American ideals because there was no way of enforcing them until 1803 where in the case of Marbury v. Madison the Supreme Court took action in striking down laws for the first time that were considered unconstitutional. From that point on the Supreme Court established a precedent of wielding the power to strike down any unconstitutional legislation. Marbury v. Madison happened long before the Civil War and before any of the other cases mentioned. However its importance to civil liberties is essential to any civil liberty essays because it was the one case that allowed for the Supreme Court to take action and enforce the bill of rights along with any other law that is deemed unconstitutional. It was this case that brought about the exercise of judicial review in the United States under Article III of the U.S. Constitution, guaranteeing the rights of every American one case at a time. Although countless Americans lost their civil liberties during the civil war due to President Lincoln suspending the Writ of Habeas Corpus, a larger number of others benefited by Lincoln’s polices as did African Americans and many other groups in future generations thereafter. During the...
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...wake of the September 11, 2001, terrorist attacks, many Arabs, Muslims, Central and South Asians, and Sikhs, as well as other immigrants and Americans of foreign descent, were treated with generalized suspicion and subjected to searches and seizures based upon religion and national origin, without trustworthy information linking specific individuals to criminal conduct. Such profiling has failed to produce tangible benefits, yet has created a fear and mistrust of law enforcement agencies in these communities. The purposes of this Act is to enforce the constitutional right to equal protection of the laws, pursuant to the Fifth Amendment and section 5 of the 14th Amendment to the Constitution of the United States; to enforce the constitutional right to protection against unreasonable searches and seizures, pursuant to the Fourth Amendment to the Constitution of the United States; and to enforce the constitutional right to interstate travel, pursuant to section 2 of article IV of the Constitution of the United States. My feelings on the End Racial Profiling Act of 2004 are based on my own personal observations of the world around me since September 11th. Numerous events in the news and television have demonstrated that African Americans and Hispanics are stopped in traffic and searched far in excess of their share of the population. Since September 11th, many Arabs, Muslims, and Asians have been subjected to searches and seizures at airports and other locations...
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