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…
In the video, Dee McWilliams talked about the Fourth Amendment. He helped people understand more about the rights that they have in “searches and seizures”. He discussed about the Florida vs. Jardines case, in the case the law enforcement officer was use the drug detection dogs to sniff on the front porch of Mr. Jardines’s house, where later found marijuana was grown and Jardines was arrest. He was charged and convicted with possession and distribution of marijuana. He appealed the case to Supreme Court and the question was raise in the Court was “Is using the sniffing dog at the person home outside of perimeter of it.…
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).…
In regards to the Dothard v. Rawlinson case the Supreme Court, in a 7-2 decision, affirmed that the height and weight requirement for employment violated Title Vll, which prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion (AAUW, n.d.). It was show that these requirements would exclude 41 percent of females in the nation, and could not show that these requirements were job related (Dothard v. Rawlinson, n.d.). This case stems from Dianne Rawlinson being denied a position as a correctional officer because she did not meet the height and weight requirements of 5 feet 2 inches and a minimum of 120 pounds (Dothard v. Rawlinson, n.d.). When viewed at from a perspective of what…
Is there a Constitutional right to burning the American Flag? Does the First Amendment give permission to destroy a pronounced symbol into ash? In the Texas vs. Johnson case, 1984, Gregory Lee Johnson burned an American flag in a protest at the Republican National Convention in Dallas, Texas . While Texas argued it as a criminal offense, the Supreme Court argued, along with the First Amendment, that even though the proper treatment of the flag is encouraged, the action could be portrayed as a freedom of speech. So, does a state have a right to uphold it’s own laws, even if they don’t align with the federal law?…
In the Supreme Court case, United States v. Russell, 411 U.S. 423 (1973), Respondent Richard Russell was charged with three counts of a five-count indictment on behalf of unlawfully manufacturing and processing the drug methamphetamine. The controversy that surrounds this case derives from the respondent, Richard Russell’s decision to argue the legal term known as entrapment (United States v. Russell, 1973). This specific term is typically used when a Law enforcement agent induces an individual to commit an offense, where the individual would have unlikely committed it otherwise (United States v. Russell, 1973). The case United States v. Russell, involving an undercover law enforcement agent, also known as Joe Shapiro, made the decision to…
In Baker v Carr, the majority made up the basis for asserting jurisdiction because the Constitution, the supreme law of the land, did not give it the power to do so. The Constitution never mentioned anything regarding state election procedure, other than that it could not hinder any legal rights of its citizens as mentioned in the Constitution and that the number of representatives per state were to be determined by state population. Therefore, the Constitution never mentioned that federal courts had the jurisdiction to hear constitutional questions to regarding state elections; the majority simply made that up in order to hear the case. There is no branch of federal government that specializes in redistricting. Since representatives' political…
The Engel v. Vital case in 1962 was a time when controversy began . The State was in favor of banning school prayers in public schools. This ruling clearly clarified the concept regarding school prayers. Whereas, first Amendment allows students to freely express them through religious perspective. The students have right to pray, converse or even share their religions with other students but not during school related activities.…
California v. Greenwood: Case Brief California v. Greenwood established that items set out in a public space and which are available for the public to inspect are not granted the Fourth Amendment right to require a search warrant before searching or seizing that property. Facts Police Officers in Laguna Beach were conducting a drug trafficking investigation. The target of the investigation was Billy Greenwood. During this investigation the Laguna Beach Police Department asked the trash collector of Mr. Greenwood's trash to place it separately from the other trash they normally picked up.…
The Supreme Court case that I have decided to research was Hazelwood v. Kuhlmeier. Hazelwood v. Kuhlmeier was a Supreme Court case that asked the question, “Do schools have the right to revise or change the contents of a student article for privacy or other reasons? And does it infringe their 1st Amendment right?”…
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.…
The 1980 court case, Armstrong V. Kline, drew from parents of children with exceptionalities becoming upset with the education system’s 180-day school year rule1. Beginning in January of 1980, they decided that enough was enough and they needed to do something before summer vacation came so, their child/children would not lose everything they learned during the school year1. The parents took on the court case, filing three class action lawsuits, all of which were against Caryl Kline, the secretary of education and chief official of the Department of Education1. The result of this particular case relieved me but, the fact it had to become a court case, I found to be absolutely ridiculous. Also, the terminology they used while describing the…
The policy (or main issue beyond addressing secondary issues such as right to amend a complaint etc.) at issue in the cases of Tenuto v. Lederle (1997) , Safer v. Estate of Pack (1996) , and Molloy v. Meier (2006) is at which length do physicians have to notifying family (hereditary offspring), close associates, or those in contact with a patient of disease transmission; either through genetic heredity or by contact with a communicable pathogen. In all three cases, the policy is consistent as the three cases all dealt with a physician’s duty to warn others beyond the patient themselves- even if it seemed to violate the privacy rules normally expected in a physician-patient relationship.…
Question 1 A. 370 U.S. 660: Robinson v. California (No. 554) Argued: April 17, 1962- Decided: June 25, 1962 The case involved Robinson and the state of California. He had violated Californian statute that prohibited addiction to narcotics (Uscourtsgov, 2018). The statute termed it a misdemeanor punishable by any person arrested with addiction to drugs, and, sustained the petitioner’s imprisonment thereunder the Californian courts. The constitutional amendments that were under scrutiny, in this case, were Eighth and Fourteenth Amendments Pp.…
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.…