...In the 1950s, the court found itself more and more concerned with the constitutional rights of the individual. Freedom of speech and other civil liberty issues were repeatedly brought before the court during this period of concern. Similarly, Congressional interrogation practices, state sedition laws, and other questionable methods used by the authorities in uncovering Communists in and out of government came under careful inspections near the end of the decade. The court's willingness to hold the constitutional guarantees of free speech and due process as above the alleged needs of internal security brought strong criticism from conservative jurists and led to attempts in Congress to curb the court's jurisdiction. In considering who makes the best argument concerning the role of the Supreme Court in interpreting the constitution, Justice Brennans view makes the best argument. His speech about the text and teaching symposium is one of the best arguments. He states that The Declaration, Constitution, and the Bill of Rights...
Words: 574 - Pages: 3
...right to marital privacy." "Women now have the right to use contraceptives and this court ruling was the basis for other and later cases involving reproductive rights." New York Times v. Sullivan 1964 "Was The New York Times free speech rights protected with the printing of an advertisement that was not completely accurate"? "The Supreme Court ruled in favor of The New York Times, stating that the newspaper had the right under the first amendment to publish the advertisement." "This case meant that media outlets were protected by there first amendment rights and it made it harder for people, especially public officials to sue for libel." Miranda v. Arizona 1966 "Does the police interrogating a suspect without letting them know their constitutional rights violate the fifth amendment?" "The court ruled that the prospection could not use Miranda's confession because the police did not inform him of his right to not self incriminate himself and his right to an attorney." "Criminal suspects now have to be informed of their constitutional rights, which include the right against self-incrimination and the right to an...
Words: 1259 - Pages: 6
...ROE v. WADE 410 U.S. 113 (1973) STATEMENT OF THE CASE: The Procedural Road from State Courts to the Supreme Court Appeal: In 1970, Norma McCorvey, a pregnant single woman, sought to terminate her pregnancy however, she was unable to do so because in her home state of Dallas, Texas, abortion was illegal with the exception of extreme cases of medical necessity, not applicable to her. McCorvey, using the name “Jane Roe” as an alias, filed suit at the district level against Henry Wade, the District Attorney for Dallas County, Texas, challenging the constitutionality of the Texas state laws prohibiting abortions and seeking an injunction against its enforcement, (in other words, the Appellant asked the court to forbid the district attorney from prosecuting anyone else under the Texas abortion law in the future). The district court ruled in favor of McCorvey, but ultimately failed to resolve the matter in a practical sense by refusing to issue an injunction to prevent the existing legislation from being enforced. Due to the district court’s refusal to enjoin future prosecutions for abortion, Roe and her attorneys appealed to the U.S. Supreme Court and the case was granted certiorari. By the time the case reached the Supreme Court, however, McCorvey had already given birth, but the Court entertained the case anyway, reasoning that if the traditional standards of mootness and the exclusion of advisory opinions were upheld, no pregnant Plaintiff could ever successfully litigate...
Words: 1358 - Pages: 6
...the appellant asserts that the Fourteenth Amendment’s Due Process Clause guarantees the right to privacy and acting under no undue influence the right to be voluntarily cryogenically frozen by a cryogenic company one month before his death. Appellant accordingly challenges the constitutionality of RCW 9A.32.030, which makes it a felony to plan, intend and cause the death of another person. We conclude that a terminally ill adult has the right to be voluntarily cryogenically frozen because a cryogenic company is not liable for homicide under the State of Washington’s murder statute when the proscription results in undue governmental intrusion on the decision to exercise a constitutionally protected liberty interest under the Fourteenth Amendment. A. Statement of Facts 1. Description of Appellant The appellant, John Smith, is a 19-year-old university student who has been diagnosed with Leukemia. Because there is no cure for his form of the disease, he is in the terminal phase of his illness and will die within six months. Appellant wishes to save his life by hiring a cryogenics company to freeze his body one month before his death. His hope and instruction is to be unfrozen when a cure for his disease is discovered. 2. Washington’s Murder Statute Washington has no law proscribing cryogenically freezing a human. However, Washington bans planning, intending, and causing the death of another person: A person is guilty of murder in the first degree when, with a premeditated...
Words: 2044 - Pages: 9
...resorted to back-alley abortions. Since the criminalization of abortion in 1910 1.2 million women per year committed illegal abortions resulting in many deaths and thousands harmed. Though the court case Roe vs Wade helped legalize abortion all across the U.S, Certain States have placed regulations that restricts women on have abortions. Because of the unconstitutional bans, restrictions on medicaid funding, and a bill that would contributes to the outlaw of abortion in america which negatively affects women. Roe vs wade was a milestone for abortion activists. In 1969 Norma McCorvey sought to terminate her unwanted pregnancy but at that time abortion was only legal for women if their life was in danger. Mccovey proceed to file a lawsuit against henry wade, the district attorney of dallas county. The infamous court case recognized a constitutional right to privacy, which is...
Words: 1122 - Pages: 5
...Liberty in a constitutional meaning is freedom enjoyed by the citizens of a country or state under the protection of its constitution; the aggregate of those personal, civil, and political rights of the individual which are guaranteed by the constitution and secured against invasion by the government or any of its agencies. If one is entitled rights, one has the duty to support the public authority that protects its rights. The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or press; or the right of the people to peacefully assemble, and to petition the government for a redress of grievances.” These various aspects of liberty were lumped together in first amendment for the sake of convenience, considering the original clause of the first amendment was establishment of church. That is why the establishment clause of the first amendment was simply not intended to declare government hostility towards religion, it just simply kept the church separated from politics. Right to his Property, in Fourth Amendment it clearly stated “the right of people to secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.” Nobody knew more...
Words: 579 - Pages: 3
...Case: Crunk v. Glover (1958) Facts: A woman was denied an abortion by a doctor afraid to violate a Texas criminal statute prohibiting abortions except "for the purpose of saving the life of the mother." The Federal District Court ruled the statute unconstitutional; there was a direct appeal by Texas to the U.S. Supreme Court. A man’s finger was bitten off by a bear while attending a community auction. Issue: Does the Texas statute violate a constitutional right to have an abortion? Holding: (Vote: 7-2) Yes: The statute is unconstitutional because the constitution contains a right to an abortion. Majority Reasoning: (Justice Blackmun) A. Rule: The State of Texas asserts it’s rule (a law banning all abortions) is furthered by 2 interests: (1) Protecting prenatal life and (2) the medical safety of woman. The court accepts these interests, but rejects Texas’s absolute rule because: 1. There are 2 counter-weighing interests of the woman: a. The woman has a privacy right grounded in a "penumbra" of Amendments 1, 4, 5, 9, 14, because "activities relating to marriage, procreation, family relationships, and child rearing and education" are "fundamental" and "implicit in the concept of ordered liberty." b. The woman also has an interest in avoiding possible severe physical and psychological harm if an abortion is denied. 2. Also, a fetus is not a "person" within the meaning of the constitution, so it doesn’t get protection as a person. 3. Therefore, a proper rule balances...
Words: 606 - Pages: 3
...Case: Roe v. Wade (1973) Facts: A woman was denied an abortion by a doctor afraid to violate a Texas criminal statute prohibiting abortions except "for the purpose of saving the life of the mother." The Federal District Court ruled the statute unconstitutional; there was a direct appeal by Texas to the U.S. Supreme Court. Issue: Does the Texas statute violate a constitutional right to have an abortion? Holding: (Vote: 7-2) Yes: The statute is unconstitutional because the constitution contains a right to an abortion. Majority Reasoning: (Justice Blackmun) A. Rule: The State of Texas asserts it’s rule (a law banning all abortions) is furthered by 2 interests: (1) Protecting prenatal life and (2) the medical safety of woman. The court accepts these interests, but rejects Texas’s absolute rule because: 1. There are 2 counter-weighing interests of the woman: a. The woman has a privacy right grounded in a "penumbra" of Amendments 1, 4, 5, 9, 14, because "activities relating to marriage, procreation, family relationships, and child rearing and education" are "fundamental" and "implicit in the concept of ordered liberty." b. The woman also has an interest in avoiding possible severe physical and psychological harm if an abortion is denied. 2. Also, a fetus is not a "person" within the meaning of the constitution, so it doesn’t get protection as a person. 3. Therefore, a proper rule balances the interests of the state v. the...
Words: 346 - Pages: 2
...good that cannot be realized effectively using authoritative legal rules which implies that law is not a good tool for all purposes. Thus, the aspects of common good supported by authoritative rules are the appropriate aims of law. This object of this paper is to examine five controversial laws in US that restrict or regulate behavior and present a philosophical argument for or against why such laws advance a proper aim of law. Controversial Laws in US Due to their sensitive nature, there are several topics which are highly disputed. Since prudence and emotions never go hand-in-hand, it becomes hard to arrive at a conclusion. There are a number of issues, topics and laws which can be debated upon like laws permitting or prohibiting gay marriage, abortion, use of marijuana, assisted suicide, child pornography, animal cruelty, health care, human rights, recreational drugs, gun control and harm to the environment etc. Here we will discuss five of these. 1) Homosexuality – Gay...
Words: 1601 - Pages: 7
...Changing Position of the Supreme Court on the Abortion The case, Roe v. Wade in 1973, is a milestone result by the U.S federal Court of law on the concern of abortion. Roe v. Wade case Definite instantaneously with a companion court case, and we call this case as Doe v. Bolton. The Federal Court administrated as 7–2 that a privilege to concealment within the Due Process Clause and combination of fourteen Amendment prolonged to a female's judgment to perform an abortion, but right to have abortion must be well-adjusted contrary to the state's or local’s double legitimate interests in modifying the issues of abortions. Defending ladies' physical condition and caring the potentiality of humanoid life. Quarreling that these municipal interests...
Words: 597 - Pages: 3
...McCulloch v. Maryland (1819) (1) Constitutional Question: Does Congress have the authority to establish a bank and make it exempt from paying taxes in order to use powers listed in Article I, Section 8, Clause 18 of the Constitution? (2) Background Information: In 1816, Congress chartered the Second Bank of United States, in order to help fulfill its powers listed in Article I, Section 8, Clause 18 of the Constitution. Many of the states were opposed to the creation of such a bank because of these banks competed with other banks within the states, and because they felt that the government was exerting too much power. Maryland, in an attempt to get rid of the Baltimore branch, passed a law that taxed any banks chartered outside...
Words: 3463 - Pages: 14
...million Americans who currently do not have health insurance coverage will be covered, and coverage will be more affordable for many millions more. The ACA makes vital improvements to health care access, quality, and services for millions of Americans with health and behavioral health needs. Social workers practice as part of health caretailing the factors necessitating health care reform in the United States. Second, it analyzes whether a constitutionally protected right to make personal health care decisions exists under the Fifth and Fourteenth Amendments' Due Process Clauses. Finally, the article analyzes the susceptibility of government-sponsored health care-specifically proposals which include a public option-to due process challenges and makes suggestions to avoid any potential fundamental rights violations. [PUBLICATION ABSTRACT] quirement to purchase health insurance. It also examines some recent Canadian constitutional law cases to anticipate possible future legal challenges to health care reform in the United States. INTRODUCTION The question of the reform of the American system of financing health care has, of course, recently been a central focus of debate in American politics. Because the author of this paper is something of a "political junkie" and keeping current on this issue seemed a desirable part of being a law professor at the current moment, I decided to investigate and examine what legal issues have been involved in the health care reform debate...
Words: 14949 - Pages: 60
...“accessories” for providing information, advice and instruction to married couples on how to prevent conception in violation of a state of Connecticut statute. At the time it was illegal for a married couple to use birth control. Buxton and Griswold were the Director and Executive Director for Connecticut’s Planned Parenthood league. Their claim was that couples not being allowed to use a form of birth control was a violation of the 14th Amendment. By definition, the 14th Amendment says, the constitutional amendment that concerns equal protection under the law, and the citizenship rights of Americans. Lower courts ruled in favor of the state. Therefore, it remained illegal for a married woman to use birth control. Griswold then took the case to the supreme court. The case started in early 1965. The Court lists the implied rights protected under each amendment of the Bill of Rights. The 1st Amendment includes the right to associate, the 3rd Amendment prohibits quartering soldiers in a person’s house without their consent, the 4th Amendment protects against unreasonable searches and seizures and the...
Words: 640 - Pages: 3
...contention such as the “right to privacy,” which is not explicitly written in the Constitution, is it a valid defense at all? I believe these can be answered, with the consideration of and through, moral and reason. Using the United States as an example, the law has been divided between the common law of the nation and its military legal system. There is a need to separate these systems solely because the responsibilities and duties of a civilian and a servicemen are simply incompatible. As we know The Constitution is the supreme law of the United States of America. Therefore, not only does each individual state govern with The Constitution at hand, but they also provide a separate penal code unique to its own. Laws prohibiting a personal liberty such as abortion (where arguments have been made whether this is true), have been declared unconstitutional in certain states where in others it is not; states simply have that power. But where does the claim “unconstitutional” become void due to moral and reasonable leniency? This will be further analyzed. The military justice system is based around the Manual for Courts-Martial United States (MCM), where the Uniform Code of...
Words: 1108 - Pages: 5
...for abortion, a common and dangerous method of family planning in her time, lift families out of poverty, increase the good health and well-being of all individuals, families,...
Words: 878 - Pages: 4