...this week, you need to find a case that deals with Due Process, the Equal Protection Clause or Delegation. Plessy v. Ferguson (1896) What are the important and relevant faces of the case? The Case is based upon The Equal Protection Clause, in which, this case occurred one hundred and nineteen years ago, but it was very interesting as to see what has changed during the century. In 1890, Louisiana State passed laws prohibited races to sit together on railroads; something in common with segregation in the south in the 1950’s and buses. Trains were required to have seating for different races and were divided by curtains or some form of barricade to prevent the races from sitting beside one another. Homer Adolph Plessy, a Louisiana businessman, who lived a society of whites and blacks, happen to have a black grandparent, in which Louisiana law defined him as an “octaroon”, one eight of black heritage. Plessy did not consider himself black, but Louisiana did and therefore made him sit in the segregated area for blacks. Plessy did not agree and challenged the Jim Crow laws by breaking the law intentionally and sitting in an area of the train that Louisiana law said he was prohibited to sit in, in which case caused him to be arrested and charged with criminal violation of the state law. What issues is the court addressing? What is the legal problem? At the time, the legal issues the court is addressing, were the 13th Amendment and the Equal Protection Clause of the 14th Amendment...
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...The Reconstruction Era that occurred several years after the Civil War was proved to be a difficult time for many americans. Some people agree that the Reconstruction was successful in some ways, but people also agree that the Reconstruction failed socially, economically, and politically. There were not many ways in which the Reconstruction was successful. Before the Reconstruction Era occurred, congress added the 13th, 14th, and 15th amendments to the United States constitution. The 13th amendment states that “Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or and place subject to their jurisdiction…” (Doc B) This would mean...
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...many different opinions but have not come to a conclusion on my own, I can both agree and disagree with this certain topic. In the 1960s and early 70s the U.S began to repel their bans on abortion saying that abortion bans we’re unconstitutional. With this came the Roe vs. Wade which meant that woman have the right to make decisions about their own bodies. This is why abortion is still legal and may never become illegal. A reason in which some people agree that abortion should be made illegal is that I believe that killing your own child even though it is not fully developed is a terrible thing to do, and I personally believe that even if you do not want or can not support the child you still have other decisions then taking its own life. in a recent article that I have read it said made the point that murder is illegal, and the only thing preventing abortion from being included in the definition of murder is that it is currently not “unlawful” (Brown). Its also a known fact that the 14th Amendment was designed to protect the unborn therefore stating that abortion should not be legal. In a different article I read the author stated that “countries where abortion is illegal have a higher abortion rate than countries where abortion is safe and legal”(Johnson). Two important reasons in which I agree that no abortion should not be illegal is that like stated earlier, woman do have the right to do with their bodies. Whether they choose to or not it is their own personal decision...
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...to be successful; not the people that make up corporations. Corporations are heartless and do not care about people and their lives. I feel that corporations are not people. Are Corporations People There have been arguments since 1886, whether corporations are people or not. The constitution shield living beings from arbitrary government and endowed them with the right to speak assemble petition. The case of Santa Clara County vs. Southern pacific Railroad Co. was the beginning of corporate ‘personhood,’ under law. The defendant corporations are persons within the intent of the clause in the constitution of the United State. The Amendment forbids a state to deny any person within its jurisdiction the equal protect of laws. (p. 118 U.S. 395) I feel this was a great decision because no matter of race or circumstances; we should all be considered equal. Throughout the years there have been arguments whether corporations are ‘person’. Through this research I felt that the courts did not hear arguments whether the equal-protection provision of the 14th Amendment applies to the corporations. The court decision still allows laws that require financial regulations; as long as they do not treat corporations or unions differently from individuals. The History of Corporations Becoming ‘Person’ The history of corporations becoming ‘person,’ had its dubious origins in 1886. The 14th Amendment designed to safeguard newly emancipated blocks from unfair government treatment. The emancipated...
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...civil rights groups came up with a plan to file a lawsuit on behalf of the thirteen families, who represented different states.In 1945 The Supreme Court ruled that school segregation is unlawful. I agree because African Americans were treated much worse than whites, all because they were colored, If were equal we should be allowed to get the same type of education. . A key moment in winning the case was to bring down the precedent set up by the 1896 decision of Plessy v. Ferguson, which sanctioned the ideal of separate but equal facilities for racial divisions. The Supreme Court ruled in favor of the plaintiffs in the Brown v. Board of Education disavowing the notion of separate but equal and concluding that segregation facilities deprived African American children of a fairer educational experience. The decision was made by the supreme court On May 17, 1954 that the Board of Education acted unconstitutionally and that the fourteenth amendment was violated by separating children because of the color of their skin. . Many whites were of course against this and did not want their children to be mixed in with Blacks. Every man and women have rights and...
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...WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is when a person tends to join groups but do little more than pay the membership fees. Collective Action - an action taken by a group of like-minded individuals to achieve a common goal; interest groups allow for collective action Disturbance Theory - interest groups develop as a result of changes in social/ economic/ political environments that upset the well-being of some groups of people...
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...This may because there is a way to believe that it is right, in the Constitution. It does clearly state that no one can be deprived of their life… without due process of law. Although one might think this means you can do anything to a person, without the proper safeguards, this is not the case. This part of the Constitution was written to protect slaves. Meaning the slave owners cannot take away a slaves life (or liberty and property) without the proper precautions taken. Even if the Death Penalty isn’t abolished, there should at least be a section that clarifies this part of the document. Additionally, in this time period in which the Constitution was written, cruel and unusual punishments were common, such examples include public shame and physical chastisement, the act of scolding or punishing someone (Death Penalty Information Center). Times have changed and execution upholds a bad reputation for being so cruel. It is not right and should be...
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...Plessy v Ferguson Constitutional Issue Dispute over legality of segregated railroads cars in Louisiana due to the 1890 Separate Car Act, which was in violation of the 14th Amendment Main Arguments Plaintiff- Homer Plessy was denied his rights under the 13th and 14th amendments The 14th amendment guaranteed rights to all citizens, and Plessy was being deprived of life, liberty and happiness Defendant- Judge John Ferguson ruled the state has a right to regulate railroads in its own boundaries In the Louisiana Courts, the argument was based off the North’s laws about intermixing and segregation could not be changed Decision of the Court 7-1 The Court found that there was no violation of the Fourteenth Amendment in the Separate Car Act. Rather the decision to stay separate was for public policy Justice Brown wrote “We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority” The Lone Dissenter, Justice Harlan, viewed the ruling as racist, and against American values He blasted the majority by explaining “There is no caste here. Our constitution is colorblind...
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...Department of Health. Ohio, Michigan, Kentucky, and Tennessee defined marriage as a union between one man and one woman and did not recognize same-sex marriages. The plaintiffs challenged these laws under the Fourteenth Amendment to the United States Constitution by filing lawsuits in federal district court in their home states. The plaintiffs argued that the Fourteenth Amendment required the States to allow same-sex marriage and to recognize the validity of such marriages performed in other jurisdictions. In each case, the federal district courts ruled in favor of the plaintiffs. On appeal, the Court of Appeals for the Sixth Circuit consolidated the cases and reversed the rulings. The plaintiffs appealed to the Supreme Court of the United States. The question and answers under the holding and Kennedy rule of law said: “Do same-sex couples have the right to marry in every State? Yes. The Fourteenth Amendment requires that same-sex couples have the right to marry in every State. Must the States grant marriage licenses to same-sex couples? Yes. The Fourteenth Amendment requires that the States must license marriages to same-sex couples. Must the States recognize same-sex marriages that have been licensed and performed lawfully out-of-State?” Yes. The Fourteenth Amendment requires that the States must recognize same-sex marriages that have been licensed and performed lawfully out-of-State. The Supreme Court reasoned that the history of marriage is marked by both continuity and...
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...lasted 4 years. This war was the Civil War and it is an important event in history. Many people say the civil war was over states rights, but a majority of people say it was over slavery. Slavery was said to be the #1 conflict between the North and the South in the 1860’s (Guelzo 1). People from the North were being used as slaves in the south. The south liked/ wanted slaves, but the North did not agree, which is why the country was divided (Luce 1). Fifteen out of 34 of the states were slave states...
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...important as it relates to the 14th Amendment. In the case of Mapp v Ohio police suspected that Dollaree Mapp could be helping a suspect hide in her home from the police Cleveland, Ohio. The police knocked on Mapp’s front door insisting that Mapp let them in, due to the police not having a search warrant Mapp told the police no. several hours later the police refrained from watching Mapp’s home and forced their way into Mapp’s home waiving a warrant as they entered. During the police searches they came across a trunk containing explicit materials. Mapp was then arrested and charged with possession of explicit materials. The Fourth Amendment "put the courts of the United States and federal officials under limitations and forever secures the people of their persons, houses, papers and effects against all unreasonable searches and seizures. By including only United States and federal officials in its ruling, the Court still left open the question of whether evidence unlawfully seized could be used in a state criminal court proceeding. (Lisa Pahm) The case Wolf v. Colorado in 1949, due to the effect the Fourth Amendment was discussed for the first time on the states. If the Due Process Clause of the Fourteenth Amendment united is determined,...
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...The writer believes the life of a child should not be terminated solely based on a mother experiencing an unwanted pregnancy. The second pro-choice argument is the idea that personhood is different from human life. Many pro-choice advocates distinguish between human life and personhood, and they believe that this distinction is important in the context of reproductive rights. Pro-choice advocates agree that a fetus is biologically human, as it has human DNA and is the offspring of a human parent. However, many pro-choice advocates argue that being biologically human is not the same as being a person, according to Planned Parenthood.org. I believe that since a fetus possesses human DNA, it should be classified as a human being. As we recognize individuals outside the room of human beings based on their DNA, we should give the same recognition to a fetus inside the womb. The third pro-choice...
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...Quiz #2 - Spring 2018 (25 pts)., Must be word processed. Use as much space as you need. Name: Ashleigh Seabrook Burglary is a typical juvenile crime. Describe this crime in detail, including 1) a definition of the crime; 2) trends in burglary; 3) where it is more common; 4) nature of stolen goods; and 5) ) fencing issues (5 pts) Burglary is the unlawful entering of a legally defined structure or building with the intent to commit a felony or theft. The reporting rate for this type of crime is around 50%. In 2016, 25,513 total juveniles were arrested for burglary. The National Crime Victim Survey reported that 3.29 million households were burglarized in 2016. With the average loss being about 2,185 dollars. Burglary happens to be more common in residential areas with roughly 2/3rds (about 15.5% involved juveniles) of burglaries happening there. When it comes to burglaries the biggest factor that plays a role is how accessible the house may be. Juveniles aren't the smartest, but they do understand what to look for in houses that could potentially be their next victim. They are looking to see if the house is unoccupied, if there is a lot of windows, if the residents have a dog, is there fencing and how many houses are on this block? All this comes into play because they want to get in and get out as fast as they can without being seen. Once inside they look for anything that would be easy to get away with and make a profit. So, that could be laptops, gaming systems (Xbox, Wii...
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...Since 14th amendment was passed, countless women have claimed to have the right to vote. However, rather than passing the right to vote for women, the Equal Rights Amendment (ERA) was introduced during the 1970s which means that men and women have equal rights under the law. In the short movie “Firing Line”, Mrs. Schlafy believes that the way to have equal treatment between men and women in the United States would bring many undesired changes to American women. Therefore, she strongly opposed the ERA. Mrs. Schlafly was more successful at presenting her argument than her opponent because she uses several rhetorical devices such as audience, tone, and evidence to support her argument. Mrs. Schlafly appears mainly to women’s audience. Based...
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...not left to individual states to decide. DOMA, Defense of Marriage Act, should be revoked because it violates the 14th Amendment. When individual states are allowed to act on their own, then it is based on emotional appeal. When it was illegal to enter into an interracial marriage, the whole country was in an uproar about how wrong it was. Each state had their own laws; it was very confusing and complicated. We should never allow this to happen again. Section one of the 14th Amendment of the Constitution 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 (Meese 35). Our country was established with the idea of freedom from religious persecution. Researching all the reasons why same-sex marriage is illegal, I have found that the argument “one man + one woman = marriage” is based upon biblical reasons. The bible has been interpreted many different ways and many religions can’t even agree on what is biblical law. Slaves are common in the bible but we do not obviously, and for with good reason, own any person. That is obviously wrong, and we have found that we should...
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