...Running head: WARREN VERSUS REHNQUIST COURTS Warren versus Rehnquist Courts Michael Walker Park University Abstract The criminal justice system is greatly shaped by the civil rights safeguarded under the Bill of Rights. The court jurisprudence with regard to national security and civil liberties largely revolves around the provisions of the Bill of Rights (Baker, 2003). This paper discusses Chief Justices Earl Warren and William Rehnquist’s significant decisions and the effects they had on the balance between social order maintenance and individual liberties. Warren versus Rehnquist Courts Earl Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and...
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...Board of education case took place in 1954. It is one of the most important cases in the American history of racial prejudice. The U.S. Supreme Court recognized separate schools for blacks and whites unconstitutional. This decision became an important event of struggle against racial segregation in the United States. The Brown case proved that there is no way a separation on the base of race to be in a democratic society. Brown v. Board of education is not a case just about education and children, it is a case of everybody being equal. Brown v. Board of Education was a beginning for American people to understand that separate but equal is not the same. The Brown case revealed this. It was the reason why blacks and whites do not have separate accomodations any more. Separate and equal does not exist any more, Brown v. Board of eduacation made everyone equal. The first case in which African American challenged the doctrine of separate but equal in the United States public education system was in Boston Massachusetts in 1849. Prior to Brown v. Board (1954), from 1881 to 1949 there were eleven cases initiated to try an integrate schools in Kansas. The schools that the African American children attended were not equal to their white counterparts. Most of the time the African American students had to travel farther than white students to get to their schools. The schools for African Americans were run down with-of-date text books used for studies and those schools...
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...At the Supreme Court, the atmosphere was tense. This decision was going to change America forever. Not to mention. The Cold War put great pressure on President Truman during this time. It was awkward for Americans to be treating their own people of color poorly, then turn around and try to court a third world country. Even African diplomats could not be treated respectively outside of Washington D.C.. Secretary of State, Dean Acheson, noted about this discrimination saying it “remains a source of constant embarrassment to this Government in the day-to-day conduct of its foreign relations” (Cushman). These were the reasons change was needed in the American government. It was no longer acceptable if this nation truly wanted to be a powerhouse....
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...Louis D. Brandeis was a United State Supreme Court Justice that fought against monopolies and big business and was a tireless advocate for free speech. Brandeis was best known for publishing his famous article in the Harvard Law Journal, for publishing his book about the banking industry, for upholding laws that protect the publics’ privacy and the freedom of expression and as the first Jewish Supreme Court Justice. Louis Brandeis was born in Kentucky on November 13, 1856 to Adolph Brandeis and Frederika Dembitz. His parents were Bohemian Jews that had a strong belief in culture and encouraged Brandeis’ education. Consequently, Brandeis graduated high school at the young age of 14. He first attended college in Kentucky but later transferred to Germany when his father had to relocate. He went on to study at Harvard Law School and graduated in 1875 as valedictorian at the age of 20. Brandeis started practicing law in St. Louis, Missouri and after a short time, he moved back to Boston to start a law firm with former Harvard classmate, Samuel Warren. The firm of “Warren and Brandeis” spent much of their time arguing against monopolies and large corporations and advocating for free speech. Together Brandeis and Warren published a famous article in The Harvard Law Review, “The Right to Privacy.” This article argued that private citizens should have the right to be left alone and the press should not be permitted to publish their photos or the details of their lives without...
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...roots and reform”, explains that Brown v. Board of education (1954) case consisted on the U.S. Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the fourteen Amendment ‘s that guarantee equal protection.” This shows that African American kids were discriminated as well their rights were violated. Furthermore, the article “Land mark: Brown v. Board of education “ explains that in reality Brown v. Board of education consisted on five lawsuits against school district in Kansas, Virginia and the district of Columbia involving public schools system that mandates separate schools from blacks and whites. While the cases were different in nature, however they made the same claim: separate is not equal. Arguing the case before the Supreme Court were, for the Petitioners who were predominantly parents of student of color. They claimed that their children were not receiving an equal education. According to the article “Brown v. board of education,” “The district court found that the facilities provided for colored students were largely equal to those provided to white student. Reasoning that it was required to follow U.S. Supreme Court precedent validating “separate but equal”, the district court ruled in favor of the school board”. [Brown v. Board of education, prg.3]. This demonstrate that the previous case Plessy v. Ferguson influence the decision of the district court because it state that while separate and equal have the same conditions...
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...First of all, this case was investigated by the vice president Johnson, the seven-man “Warren Commission” later published an 888-page report alleging that Lee Oswald had acted by himself in the murdering Kennedy. In a conclusion, the Warren Commission declared that Oswald was fizzled to inform his witness of the attacking and conflicting in details about the commission’s report. Moreover, it affirms that main conclusions were that “Oswald, self-styled Marxist and a former private in the U.S. Marine Corps acting alone and without advice or assistance, had fired the shots that killed President Kennedy, thus there is no evidence expressed either Lee Harvey Oswald or Jack Ruby was part of final averment, domestic or foreign, to assassinate the president.”( McCaffrey). Up to now, we just accept the declaration of Earl Warren that Lee Harvey Oswald was the killer that assassinated Kennedy, and Jack Ruby has killed the alleged assassin of President John F. Kennedy_Oswald. On the other hand, in this case, if the fact in this film are accurate, and if a single-bolt rifle was used in the assassination of President Kennedy, Oswald could not have had enough time to fire the necessary shots, moreover, that bullet which pierced Kennedy’s throat was not able to...
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...The case that I have been referring to is the case of McCleskey v Kemp, 481 U.S. 279 (1987). This case has held high significance in the legal and social communities. The reason it was so significant was because it was the first case that the plaintiff provided a scientific study to back up their claims that racial discrimination is prevalent in the death sentencing process. It was also significant because it exposed the Supreme Court’s failure to take action against this issue. Fifteen years previously the Supreme Court reviewed the case of Furman v Georgia, 480 U.S. 238 (1972) that highlighted a similar issue. The case resulted in different opinions among the majority of the justices and no clear remedy on how to fix the issue at hand. The McCleskey v Kemp case is the...
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...Ferguson unconstitutional, a feat that would immensely impact both white and black Americans and the course of how the country will run. Marshall, an African American himself, had become known for being involved in civil rights cases and was “trumpeted as the one man able to defend black Americans against the Klan, racist judges, and bigoted small-town cops” (McNeese). The opportunity for the Supreme Court take a stand against racism opened on December 9, 1952. The prosecution centered around the 14th Amendment which states, “No state has any authority under the equal protection of clause of the Fourteenth Amendment to use race as a factor in affording the educational opportunities among its citizens” (Constitution). The prosecution had a range of expert witnesses that they called to the stand to develop the disastrous effects that segregation has on young children. Dr. Hugh Speer, the chair of Education at the University of Kansas City, served as an expert witness to the trial after performing studies on the public schools in Topeka. He found that in every case the white schools were physically superior to the black schools (McNeese). Horace B. English, a psychology professor from Ohio State University, was deemed an expert witness and testified that segregation of black and white children teaches black students that they do not matter as much as white students and that expectations...
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...instantly. Furman was later found by the police still carrying the gun and arrested for murder. This case is known as Furman v. Georgia and was taken to the Supreme Court on the fact that the death penalty in Georgia violated the Eighth Amendment of the U.S. Constitution. This is a landmark case because “The significance of Furman v. Georgia is that this case was the first case that was ruled violating the Eighth amendment and that it halted every man on death row in the United States” (study). But before the case reached the Supreme Court the case went on trial September 20, 1968 where Furman pleaded mentally ill and insane, the court rejected his plea and found him guilty of murder. Then, Furman appealed his conviction and sentence, based on the death penalty in Georgia violating the Eighth Amendment of the U.S. Constitution . The Eighth Amendment says the federal government may not use "cruel and unusual punishments” (Henson). The case was later tried in the Supreme Court January 17, 1972. The justices who won majority and reversed the case were William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Potter Stewart, Byron R. White, thus wining the final vote 5-4. The minority justices were Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist. The majority opinion was not written by one person, each justice wrote their own opinion to the court because none could agree on any one reason. Justice William O. Douglas wrote an opinion that...
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...same sex marriages and such practices. Pro-Family Groups in Connecticut Rally Voters to Overturn Court's Gay 'Marriage' Ruling" Pro-family activists in Connecticut are urging the people of the state to vote yes for a constitution convention when they head for the polls on Nov. 4. Though the 4-3 split decision by the Connecticut Supreme Court on Friday effectively redefined marriage in the state, Connecticuters will have the opportunity to have the final say if enough voters rally behind a call for the state legislature to convene a state constitution convention. Every twenty years, under the state constitution, the ballot question "Shall there be a Constitutional Convention to amend or revise the Constitution of the state?" is placed on the ballot for consideration. This year marks Connecticut's 220th since its admission to the Union in 1788. The Court's willingness to undemocratically impose same-sex marriage on Connecticut has made it necessary for us to demand the right to Let the People Decide, expressed Peter Wolfgang, executive director of the Family Institute of Connecticut (FIC), in a press release following Friday's high court decision. And that is why thousands of us will vote 'yes' for a constitutional convention on November 4th." If enough votes are found to favor a convention, it will be incumbent upon the state legislature to convene a state Constitution Convention, explained Matthew M. Daly, chairman of the Constitution Convention Campaign. There, the people...
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...Issue-centered paper. Those choosing this track will research and write a paper on a specific issue of constitutional law. The paper will focus on the Court’s treatment of an issue and competing perspectives on it (both on and off the Court), and provide an evaluation and critique of those perspectives. It will culminate in a defense of its own thesis. Possible topics include: • The history, functions, and uses of one of the various “technical barriers” • Scope and limits of the presidential power to pardon • Federalism as a value in the Warren and post-Warren Supreme Court • Federalism as a constitutional concept in the Rehnquist Court • How far did the Rehnquist Revolution in federalism go? • The constitutional status of the War Powers Act (1973) • The concept of Executive Privilege • Are there limits to the Court’s recent “takings clause” jurisprudence? • The impact of I.N.S. v. Chadha (1983) • An analysis of the contemporary understanding and constitutional significance of (a) the reversal of New Deal legislation by the Supreme Court, or (b) the Court Pack Scheme of F.D.R. • Congressional attempts to restrict the jurisdiction of the federal courts...
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...SUPREME COURT OF THE UNITED STATES Brown v. Board of Education, 347 U.S. 483 (1954) (USSC+) 347 U.S. 483 Argued December 9, 1952 Reargued December 8, 1953 Decided May 17, 1954 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS* Syllabus Segregation of white and Negro children in the public schools of a State solely on the basis of race, pursuant to state laws permitting or requiring such segregation, denies to Negro children the equal protection of the laws guaranteed by the Fourteenth Amendment -- even though the physical facilities and other "tangible" factors of white and Negro schools may be equal. (a) The history of the Fourteenth Amendment is inconclusive as to its intended effect on public education. (b) The question presented in these cases must be determined not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the full development of public education and its present place in American life throughout the Nation. (c) Where a State has undertaken to provide an opportunity for an education in its public schools, such an opportunity is a right which must be made available to all on equal terms. (d) Segregation of children in public schools solely on the basis of race deprives children of the minority group of equal educational opportunities, even though the physical facilities and other "tangible" factors may be equal. (e) The "separate but equal" doctrine adopted in Plessy v. Ferguson, 163 U.S. 537...
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...There are three main factors that improved the position of African-Americans in the years 1945-55, the first being World War II, the second is Presidents and the third is Civil Rights Organisations. There are a few significant factors that occurred as a result of the Second World War. For example, the 'Double V Campaign' of 1942. Two months after the Bombing of Pearl Harbour by the Japanese, the Pittsburgh Courier (the most popular black newspaper in America) published the campaign to everyone. It called for a victory on two fronts, it was a campaign for African-Americans to give their all in the war effort and for black people to fight racial discrimination back home in America. The editor of the newspaper wrote "We call upon the President and Congress to declare war on Japan and against racial prejudice in our country." This was significant because it gave African-Americans a chance to prove how much of a positive impact they could have on the war and this in turn could show current white racists a different view on them. Additionally, it could be argued that because it was quite a big newspaper, more people across America would see it, and therefore it could potentially have more of an effect on the general opinion. Another factor was the black soldiers who returned home as heroes after the Second World War. It changed the attitudes of white people all across America but more specifically, white soldiers who had fought alongside them in the war. Before the war, white...
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...Electronic Surveillance of Employees Professor Michael Hall Law, Ethic, and Corporate Governance- LEG 500 November 1, 2011 Explain where an employee can reasonably expect to have privacy in the workplace. You may think your United States employee rights authorize you to have a privacy workplace. People are wrong because, according to workplace privacy studies, the odds were good that your employer was monitoring all your internet actions, including your web pages and chat rooms (Niznik, 2011). If your company policy does not state there is a workplace privacy policy, your employer may watch, listen, and read just about everything in workplace area. Employers have the right to protect their business, their finances, and all of their equipment. The American Management Association (AMA) conducted a study of 526 employers which most use some type of electronic surveillance of the employees (Niznik, 2011). Many employers will deny they use any type of electronic surveillance however; the odds are good that your employer has “the eye,” watching your every move at work. Employers are not required to provide workplace privacy because your employers own everything you use at work. Your employers own the computers you work on, the telephones you talk on and the buildings in which you work. There are only a few weak employee workplace privacy right laws that exist. Since there are so few workplace privacy laws, it is legal for “the eye” to spy on you without your...
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...descent) and has been used to refer to cohabitation or intermarriage between racial groups. Regulated by state law, miscegenation was illegal in many states for decades. However, interracial marriage in the United States has been fully legal in all U.S. states since the 1967 Supreme Court decision, Loving v. Virginia, that decreed all state antimiscegenation laws unconstitutional. Many states, of course, had chosen to legalize interracial marriage much earlier. According to a May 14, 2012, Huffington Post article entitled “Interracial Marriage Statistics: Pew Report Finds Mixed-Race Marriage Rates Rising,” the 1980 Census (the first to collect data on interracial marriage) reported that 3% of all married couples were from different races. The number had risen to 8.4% (one in twelve couples) by 2010. Looking at marriages recorded in the years between 2008 and 2010, we find that 22% of newly-married couples in Western states were of different races or ethnicities, compared to 14% in the South, 13% in the Northeast, and 11% in the Midwest. QUESTION 1: Analyze and evaluate each case independently by providing the following (about two paragraphs per case): LOVING V. VIRGINIA CASE. 1. Facts of the case: In 1958, Mildred Jeter, a black woman, and Richard Loving, a white man, were married in the District of Columbia. The two had gone to the District of Columbia to obtain a marriage license and returned to their home state of Virginia afterward. The couple was then charged with and...
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