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…
I too think that having a gun on school grounds is a serious crime. In the case of United Sates v. Lopez it should have only been up to the state to punish him, but that wasn't the case. Lopez's crime should not have been punishable under the Commerce Crime and that was exactly what the ruling upheld. The Commerce Crime had nothing to do with the Gun Free School Zone Act and therefore it was unconstitutional. Great discussion.…
I. Name: Sillasse Bryan v. United States II. Legal Citation: 524 U.S. 184 (1998) III. Statement of Facts: On trial was Mr. Sillasse Bryan for a conviction of “willfully” dealing guns without a federal license. The Firearms Owners' Protection Act (FOPA) was added to the Criminal Code to prohibit anyone from "willfully" dealing firearms without a federal license. If proven guilty of conviction, a fine or imprisonment may be imposed against anyone who "willfully" violates certain requirements of the Firearms Owners' Protection Act.…
Title and Citation: Fry V. Napoleon Community School District Topic: A school district denying the student the right to have a service dog attend school. Level or Type of Court: Supreme Court- Oct 2016 Facts of the Case: A student with cerebral palsy obtained a service dog with the doctor’s approval to help her live as independent as possible. The service dog was hypo-allergenic and was to stay out of the way when not needed.…
Title VII is supposed to protect employee discrimination among all employees despite the sexual orientation. It is clear that there should be an equal employment for men, women, and the LGBT community. A lot of the states have conducted a law that…
1. Analyze Officer Edwards 's searches, if any, and note which may survive constitutional challenge. Officer Edward and Officer Casey are set up a road block to catch drunk drivers, during this roadblock they stop a blue minivan. This action in itself would withstand a constitutional challenge since roadblocks such as these are allowed in most states.…
Katz v. United States 389 U.S. 347 (1967) Facts: In suspicion Katz was sending gambling information to individuals in other states over the phone, Federal agents attached a device to an outside public phone booth to eavesdrop on Katz. The recording revealed Katz was convicted of eight-counts indictment for transmitting illegal wager information from Los Angeles to Boston and Miami. Katz appealed his conviction stating that the recordings could not be used as evidence against him. However, the Court of Appeals rejected his point stating the absence of a physical intrusion into the phone booth rejected his challenge. Therefore, the Court granted certiorari.…
Even after this order, American troops were not desegregated until the Korean War in 1952. Title VII applied to employers with 100 or more employees within in it's first year, Over the course of another three years, Title VII began to apply to employers with 25 or more employees. It also applied to labor unions and employment agencies, but it did not apply to state, federal, or local government employers. It did not apply to educational institutes either. The EEOC predicted that they would receive about 2,000 cases within their first year, but they ended up receiving a total of 8,852 cases.…
In comparison, under law, failure of employers to withhold child support payments is substituted as a fine. For example, in the case study Greeley’s employer refuses to apply to the law of Ohio, so he was fine with a $500 dollar fine. The Miami Valley Maintenance Contractors were willing to admit that the firing of Mr. Greeley did not have any doing with the fine of $500 dollars, but however having to obey laws they wish to avoid, and refuse to obey. The company added that Mr. Greeley could be fired at any given time being though he was not a union member under a contract, and he also had the right to leave his job at his own giving will. Furthermore, Ohio was an at-will employment state meaning they had the rights to fire or hire people at…
The Supreme Court should be able to overturn unconstitutional laws that Congress has passed. There are many reasons to give the Supreme Court this power, first we need someone to enforce the fact that no law should violate the Constitution. Next, it helps balance the three branches of government, and lastly the Constitution puts judicial power into the Supreme Court and inferior courts. This power will stop substandard laws from getting passed, and will protect the structure of our government that is extremely based on the Constitution.…
Olmstead v. United States, 277 U.S. 438 (1928). Roy Olmstead was prosecuted by the government with evidence gathered by wiretapping Olmstead’s office phones without a warrant. The Supreme Court ruled the evidence could be used as the Fourth Amendment applied only to physical search and seizure. The dissent attacked the decision that the government had the power to wiretap phones without a warrant, citing the opinion that there is no difference between listening to a phone call and reading a sealed letter.…
District of Columbia v. Heller The Second Amendment is one of the most controversial amendments in the Constitution. There have been several cases where the Amendment has been challenged. As the world keeps growing and developing, the amendments have stayed the same since the creation in 1789. Therefore, as the years go by the original meaning of the text is getting lost in translation, which has caused the Supreme Court Justices to try to interpret the meaning the best way they can to ensure a fair trial.…
Mrs. Gallina v. Mintz Levin focuses on the Civil Rights Act. The Civil Rights Act prohibits an employer from discriminating against any employee because of their sex. Unfortunately, the managing partner at Mintz Levin disagreed and felt women with children weren’t capable of working as an associate. This led him to make slick comments around Mrs. Gallina that women with children didn’t stand a chance of becoming a partner. This left Mrs. Gallina to seek advice from other associates because she felt like her managing partner was discriminating against her.…
The Right Court but the Wrong Appeal Pay No Attention to the Men Behind the Curtain: The Supreme Court, Popular Culture, and the Countermajoritarian Problem is an article written by Adam Burton. His article depicts how the American people view the Supreme Court through pop culture, and how this relationship affects the public’s confidence in Judiciary Review. The article also demonstrates how the increased exposure of the Justices personal lives through highly televised confirmation hearings has not sparked the public’s interest into the inner workings of the court.…
The United States during times of war has done many things that it should not have. Some of those include stripping American citizens of their rights. Example cases in which citizens’ rights have been violated include Youngstown Sheet and Tube Co. v Sawyer, Hamdi v Rumsfeld, and Korematsu v United States. The Supreme Court has done a good job for the most part in upholding the constitutional rights of the citizens during times of war and national security crisis.…