Discusses two Supreme Court decisions pertaining to African Americans. Plessy v. Ferguson and Brown vs. Board of Education. Docrine of "separate but equal" established by Plessy ruling in 1896. Issues involved. Major concerns of African Americans regarding the ruling. Action taken by the NAACP in 1950 to challenge the doctrine and establish school integration. The racial desegregation ruling.
“PLESSY” AND “BROWN” AND CONSTITUTIONAL LAW While the thirteenth amendment abolished slavery, and the fourteenth amendment created... more
“PLESSY” AND “BROWN” AND CONSTITUTIONAL LAW While the thirteenth amendment abolished slavery, and the fourteenth amendment created rights for the freed slaves, for far too long there was still the attempt to create an atmosphere of “separate but equal” which existed for nearly a hundred years. What is the background that led to the final “solution” in 1954? The Fourteenth Amendment to the U.S. Constitution states that No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…nor deny to any person within its jurisdiction the equal protection of the law (U.S. Const. 14th Amend.). In 189
Discussion of the 1966 Supreme Court decision. Contends the ruling was the most politically controversial and socially divisive decision in the history of the Supreme Court. Warren Court decisions in 1960s. Conservative backlash against the Court. Impact of Miranda on law enforcement and police. Later Court rulings on exceptions to Miranda.
MIRANDA V. ARIZONA This research paper discusses the political, social and cultural dynamics of the decision by the United States Supreme Court... more
MIRANDA V. ARIZONA This research paper discusses the political, social and cultural dynamics of the decision by the United States Supreme Court in Miranda v. Arizona, 384 U.S. 436 (1966). Its thesis is that the Miranda holding was in the field of criminal procedure the most politically controversial and socially divisive decision in the history of the Supreme Court. The decision itself represented the high watermark in efforts by the Earl Warren Court (1954-1969) to afford criminal defendants in federal and state courts enhanced federal constitutional procedural protections. By requiring police for the first time to give such defendants in police custody certain warnings and advice concerning their constitutional rights (the Miranda Warnings), the Court reflected to some extent the dominant political culture
Discusses the intepretation by the Supreme Court during the aftermath of the Civil War. Purpose of 14th Amendment to establish the status and rights of former slaves. Shift of power from States to federal government. Impact of Plessy v. Ferguson and standard of equal-but-separate. Enforced separation of the races.
THE FOURTEENTH AMENDMENT: DUE PROCESS OF RACISM It is the explicit obligation of the Supreme Court to interpret the laws of the land; perhaps at... more
THE FOURTEENTH AMENDMENT: DUE PROCESS OF RACISM It is the explicit obligation of the Supreme Court to interpret the laws of the land; perhaps at no other time in our nation’s history has this task proved so daunting and controversial as during the aftermath of the Civil War. In particular, the Fourteenth Amendment provided cause for intense debate. Designed to establish the status and rights of former slaves, this amendment also served to shift the balance of power in the United States in favor of the federal government over the states (Thomas 17). However, the Supreme Court would, in the ruling of Plessy v. Ferguson, utilize the Fourteenth Amendment to uphold racially divisive state legislation, validating the power of the state in a decision that would ultimately set back the civil rights movement in this country by at least half a century. In at
Concept of preferential treatment and advantages and disadvantages on racial and ethnic minorities. Creation of more opportunities. Issues of equality and discrimination in the workplace and in colleges. The Bakke Case challenge to affirmative action programs. Negative and positive effects. Meaning of equality applied to affirmative action.
The civil rights revolution enshrined into law the principle that all people are treated equally, regardless of skin color, gender, or national... more
The civil rights revolution enshrined into law the principle that all people are treated equally, regardless of skin color, gender, or national origin. The vast majority of Americans accept that principle. The civil rights revolution, however, failed to answer the question of what redress, if any, is owed to individuals from historically disadvantaged groups. That tension between two conflicting goals informs the current debate about affirmative action. This paper will examine the philosophical and legal underpinnings of that debate from the perspective of legal theorists and two seminal cases on the issue. Affirmative action seeks to create more opportunities for women and minorities by conferring special consideration upon them in decisions involving hiring, firing, promotion, college admissions, and government contracts. In all of these areas, women
Details & analyzes steps that a citizen vs. an Illinois welfare department may take in connection with the threaatened termination of his benefits. Temporary Assistance for Needy Families Program (TANP). Procedural due process issues. Public policy issues. Cites legal cases & statutes. Table of Authorities. Makes recommendations.
GAINES' RIGHTS AGAINST THE CARMI WELFARE DEPARTMENT This legal memorandum details and analyzes the steps which Jimmy Gaines ("Gaines") may take... more
GAINES' RIGHTS AGAINST THE CARMI WELFARE DEPARTMENT This legal memorandum details and analyzes the steps which Jimmy Gaines ("Gaines") may take against the Carmi, Illinois welfare department in connection with the threatened termination of his benefits under the Temporary Assistance for Needy Families (TANF) program and to prepare for the forthcoming hearing. It also discusses the public policy issues involved. Procedural Due Process Issues Under the Fifth Amendment of the United States Constitution which is applicable to the states and localities under the Due Process Clause of the Fourteenth Amendment, no State "shall deprive any person of life, liberty, or property without due process of law." Was Gaines given adequate notice of the pending hearing? The
Discusses issue of free speech. Interpretations of the First Amendment. Issue of sexually explicit material involving actual children. Supreme Court modification of the federal Child Pornography Act regarding production of virtual pornography. Ashcroft v. The Free Speech Coalition (2002). Arguments of both sides. Response to Supreme Court decision. Issue of legislating the thoughts of Americans.
Virtual Child Pornography The First Amendment prevents the federal government from making any law that inhibits Americans' freedom of speech.... more
Virtual Child Pornography The First Amendment prevents the federal government from making any law that inhibits Americans' freedom of speech. However, since that amendment was ratified in 1791, the United States Supreme Court has interpreted the Constitution to allow abridgments on Americans' right to express themselves when it deems that such expression harms another in a way that society would prefer to prevent. Thus, producing sexually explicit material involving actual children is illegal in the United States because society wishes to protect any children who could be harmed by the production of such material. Such material that uses only images of virtual children, however, produces no such harm. The only justifications for prohibiting such material is a contempt for the idea that some members of society could find such material enjoyabl
Examines the U.S. Supreme Court and American civil liberties. Discusses three issues: abortion, limitations of the rights of the individual in relation to the War on Terrorism, Congressional reapportionment and the application and imputation in the U.S. census outcomes.. Ideological composition of the U.S. Supreme Court; relationships with Congress and the President.
AMERICAN CIVIL LIBERTIES AND THE UNITED STATES SUPREME COURT Introduction The topic examines is “American Civil Liberties and the United... more
AMERICAN CIVIL LIBERTIES AND THE UNITED STATES SUPREME COURT Introduction The topic examines is “American Civil Liberties and the United States Supreme Court.” Recognizing that the ideological composition of the United States Supreme Court, the inner workings of the court, and the interrelationship between the Court, the Congress, and the President affect the impact of the Court on civil liberties in the United States, this paper examines these issues before considering specific political issues involving civil liberties. The paper then examines three specific issues involving civil liberties. In each instance, the examination of the issue includes, in addition to the actions of the Court, the Supreme Court-Congress-President dichotomy surrounding the is
Determination of personhood of the fetus. Contends the political process, not the judicial process, is becoming the mechanism of determining if the fetus is a person. Supreme Court Roe v. Wade ruling. Lower Court rulings. Issues of Constitutional protection for rights of citizens; women's right to privacy; independent rights of fetus.
Introduction In 1973, when the U.S. Supreme court rendered its decision in the case of Roe v. Wade (410 U.S. 113 ), the ruling of the... more
Introduction In 1973, when the U.S. Supreme court rendered its decision in the case of Roe v. Wade (410 U.S. 113 ), the ruling of the Court established both the privacy rights of pregnant women with respect to an elective abortion and then identified the interest of the stat vis-à-vis abortion. Specifically, the Court held that a pregnancy could be divided into three periods (trimesters); during the first trimester the woman had an essentially unrestricted right to choose abortion in consultation with her physician (Hall, 1992). In the second trimester, when according to medical experts an abortion posed a greater threat to a woman’s health, the states were permitted to regulate abortion to protect a woman’s health. In the third and final trimester of the pregnancy, the state’s “compelling intere
Discusses the social impact of decisions. Legal definition of abortion rights. Roe v Wade decision. New emphasis of Supreme Court on rights of the unborn rather than the privacy rights of the pregnant woman. Debate over "choice" and "rights." How post Roe v Wade cases and decisions altered the original 1973 ruling.
The Supreme Court and Abortion: Social Impact of Decisions Introduction Kermit Hall (1992, p. 3) introduced a legal analysis of abortion... more
The Supreme Court and Abortion: Social Impact of Decisions Introduction Kermit Hall (1992, p. 3) introduced a legal analysis of abortion rights in the United States with the following statement: “the prominence of the Supreme Court in the controversy over reproductive choice would not have surprised Alexis de Tocqueville, who observed in Democracy in America that ‘there is hardly a political question in the United States which does not sooner or later turn into a judicial one.’” With respect to abortion, this is certainly true. Since the 1973 Supreme Court decision in Roe v Wade (410 U.S. 113 ), the Court has revisited issues revolving around abortion on several occasions, creating in its decisions what Hall (1992) characterized as a gradual unraveling of the con
Discusses the Supreme Court's 1896 Plessy v. Ferguson decision. Establishment of segregated accommodations for blacks and whites, and segregated schools. Interpretation of the Fourteenth Amendment. Majority opinion. The 1954 Brown v. Board of Education decision that rejected Plessy v. Ferguson and desegrated schools. Beginning of social equality.
SEPARATE-BUT-EQUAL: TWO STEPS BACK, ONE STEP FORWARD The Supreme Court has, in its long history, handed down many landmark decisions-... more
SEPARATE-BUT-EQUAL: TWO STEPS BACK, ONE STEP FORWARD The Supreme Court has, in its long history, handed down many landmark decisions- interpretations of the Constitution which inevitably alter the socio-cultural climate and direction of this nation. And of course, the Federal Judiciary is not infallible, and has been known to reverse its thinking on key issues which challenge the fabric of American culture. The separate-but-equal debate had convoluted the struggle for racial equality in the United States for many years during the post-Civil War reconstruction. In 1896, in Plessy v. Ferguson, the Supreme Court laid this debate to rest as it recognized the constitutionality of a Louisiana statute which insisted upon separate-but-equal accommodations for black and white passengers on the intra-state rail lines. This decision would