Korematsu v. United States (check) (signifigant) Do the President and Congress have the power to excluded United States Citizens of Japanese’s descents without violating the Fifth Amendment, Due Process Clause, and the Fourteenth Amendment, Equal Protection Clause? After the Japanese bombed Pearl Harbor in 1942, The American Military became concerned about the Security of the United States. With General DeWitt’s recommendation, President Franklin D. Roosevelt signed the Executive order 9066, “authorizing the removal of any or all people from military areas, as deemed necessary or desirable”. After this order was passed Fred Korematsu, an American born citizen of Japanese decent, had some facial surgery, changed his names and claimed to be…
The first case that has established the power of the federal government by Supreme Court is McCulloch Vs Maryland. In 1816 Congress created a bank in the state of Maryland. Two years later Maryland Assembly passed a law to impose taxes on the bank. McCulloch was a cashier at the bank and refused to pay the tax. The Constitutional questions that were being asked Did Congress have the authority to establish the bank?…
As stated above this case was brought to the United States District Court, Northern Division because the Plaintiff, Cindy A. Pilon, a Caucasian female applied for the Coordinator of Campus Recreation position at Saginaw Valley State University and was denied the position. The person who was rewarded the job was an African-American male. The plaintiff alleged reverse discrimination on January 7, 2003 and sued the university as well as the dean of the university, Richard P. Thompson. On march 10, 2003, the plaintiff amended her complaint, which now claims denial of equal protection of laws and discrimination on account of race in forming contracts; race discrimination against SVSU; and declaratory and injunctive relief against both defendants.…
The actuality of the case of State v. Stewart consist of a variety of mental, physical and emotional abuse in which Peggy Stewart had been “pushed” in her own mind to kill her husband to escape from his toxic and cruel behavior. As a result, the facts of the case are a wide variety that contributed to Peggy’s “imminent danger” state of mind when deciding whether her actions were truly self-defense. These include the abuse at hand, physiological trauma that Peggy experienced, and professional opinions about Peggy’s actions. An important factor of the case is Peggy Stewart’s significant abuse by her husband, Mike. Additionally, Mike’s abuse was not only to Peggy; but also to her daughter, Carla.…
To: Supervising Attorney From: Heather Wells, Student Date: January 31, 2016 Case: Arturo Garcia v Mary Chavez Re: Child support modification Statement of Assignment: I have been asked to prepare a memorandum for you regarding the following questions a. “Was it permissible for Ms. Chavez to unilaterally reduce support when the oldest child reached the age of majority?” b. “What is the likelihood of the court granting a modification of child support due to Ms. Chavez’s change of occupation? Issue: Under Statutory Laws: a. “NMSA § 28-6-1 (Repl.…
In the case of State v. Evans, 671 N.W.2d 720, (2003). , we see the distress of the victim that suffered from both harassment and stalking from her predator for a period that span more than three years (Brody and Acker, 2010). The harassment aspect that Hubert Evans summited the victim, Rebecca Arnold, to started out at a very slow rate with it become more intense and leading to stalking over years leading to the arrest of Mr. Evans and criminal conviction for harassment and stalking (Brody and Acker, 2010). The criminal charges were heard by a judge and jury where Mr. Evans gained a criminal conviction for the charges that he faced in the trial. The criminal conviction of Mr. Evans lead to his appeal to the State of Iowa Appeals court to evaluate the case as it relates to the state statute for harassment and stalking (Brody and Acker, 2010).…
Stare decisis is the principle that past decisions made by the judicial system are applied to similar issues within the jurisdiction. In the case Griswold V. Connecticut the initial ruling was over turned by the Supreme Court, finding that Connecticut’s Laws on birth control were unconstitutional. The defendants were initially charged with accessories in the assistance of preventing conception. The Supreme Court reversed this ruling because married couples have the right to privacy, in which, they have the right to seek medical assistance to prevent conception. Roe V. Wade’s reversal was built on the precedent of Griswold V. Connecticut’s rights of privacy.…
Mapp v. Ohio, after reading the case file this case should not have ever made it to the Supreme Court or any court in the land. This case was doomed from the beginning due to police misconduct that has opened a crack in a door for criminals to slide through. Should the exclusionary rule be abolished? I do believe that court’s ruling regarding Mapp v. Ohio affect the day-to-day police work of our Officers. Peradventure, that the police are serving a legal warrant to pick up robbery suspect who also is a known drug dealer, because of the exclusionary rule from Mapp v. Ohio when the police arrive at the suspect address, they are not allow to search the home looking for drugs unless the warrant stipulates.…
Griswold v. Connecticut Siehien, 2 Griswold v. Connecticut: Right to Privacy Jenna Siehien Liberty High School 2A The right to privacy for Americans, especially for married couples, was not an easy journey. Until the late 1960?s the right to privacy did not exist constitutionally. Due to the right to privacy not being clearly stated in the Constitution, it called for evaluation and interpretation of multiple amendments in order to reach that goal but first, an issue had to come up that questioned the right to privacy.…
In the Supreme Court case Tinker v. Des Moines, the Tinkers were suing because they believed that their school violated their first amendment right to freedom of speech. This case was decided in 1969 under the Warren Court with a 7-2 decision. Three of the Tinker children and one of their friends wore black armbands to school to protest the Vietnam War. Just before the children did this, the school made a rule against protesting the Vietnam War. When the children went to school with the black armbands on, they were suspended.…
Court Case Review Throughout the years the United States government has been faced with several discussions. Some of these have become very important throughout history and have left a significate impact on society. These cases range from birth control privacy rights to equality. Among these cases are Griswold V. Connecticut, Baze V. Rees, and Brown V. Board of Education.…
Privacy rights is an issue that dates back to the nineteen hundreds. Even though there is a disagreement where the right of privacy is specifically stated in the constitution, Supreme Court justices have agreed that the right to privacy does exist. One major concern regarding the right to privacy is the issue of consensual adult women having the ability to freely use contraceptives without government intrusion. The use to freely use contraceptives was a major issue from 1873 when the Comstock Law of 1873 originated making it illegal to sell or promote anything that dealt with contraception or abortion etc. This paper will discuss three articles that brings light to the privacy concerns about using contraceptives.…
The case of Gregg v. Georgia starts with a man named Troy Gregg. Troy was imprisoned by the state of Georgia after he was found guilty of armed robbery and murdering two people in 1973. Following Gregg’s trial, the jury found Tory Gregg guilty and sentenced him to death. Troy challenged his remaining death sentence for murder, asked for an appeal, and claimed that his capital sentence was cruel and unusual punishment, in violation of the 8th amendment. The Georgia state court ruled that the death penalty was for murder.…
On December 22nd, 2005, a class action lawsuit, Dickerson v. Gretna was filed on behalf of those blocked from crossing the CCC bridge after Katrina. The suit, after two supplementing amending complaints, alleged violations of the constitutional right to travel under the Article IV Privileges and Immunities Clause and the Commerce Clause, due process and equal protection guaranteed by the Fourteenth Amendment, the Fourth Amendment right against unreasonable seizure, and the Eight Amendment right against cruel and unusual punishment. The court ruled on a motion to dismiss on March 30th, 2007. The City of Gretna sought dismissal under Federal Rule of Procedure 12(b)(6) for failure to state a federal claim.…
Evan Miller has had a rough upbringing. He has had emotional abandonment from his alcoholic and drug abused mother, his abusive father and forced to be placed in multiple foster cares throughout his childhood. Miller is a prime example of an abandoned, troubled minor, whose true destiny has been destroyed due to these circumstances. The problems he has faced steered him to being depressed and unsatisfied, using drugs, alcohol and four suicide attempts to trying and fulfill the emptiness he has been feeling his entire life.…