Title and Citation: McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 407 (1819) Facts: James McCulloch was a cashier in the Baltimore branch of the Bank of the United States who refused to pay the taxes that were to be collected by the state of Maryland. Maryland clearly imposed taxes on all banks that were not originally incorporated by the state. After trying to collect McCulloch’s taxes, the State of Maryland filed a lawsuit because McCulloch denied his portion of the taxes. Procedural history of the case:…
The political landscape as we know it today has always allowed The President of the United States to select his own Supreme Court judge. However, should the Supreme Court Judge’s beliefs represent the traits or value systems of the President of United States? For example, President George Bush appointed both Clarence Thomas and David Souter, two contrasting personalities say the least. Nonetheless, Clarence Thomas was known for his boldness, committed to seeking out the original meaning of the Constitution, perhaps, similarities to President Bush prosecuted the Gulf War and how he stood behind Thomas controversial confirmation hearings (McGinnis, Flaherty, 1995).…
Opinions of the Court Justice Brennan delivered the Opinion of the Court. Gregory Johnson was prosecuted for burning…
The case worked its way up to the Supreme Court. In a five to four vote, the majority decided that the ban was in fact a violation of the second amendment rights. Justice Scalia's argument…
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.…
Tinker vs. Des Moines In 1965, a group of students including John and Mary Tinker decided to wear black armbands to school in protest of America’s involvement in the Vietnam War. When the principals in the school district heard about their plan, fearing disruption due to the protest, they made a new rule prohibiting armbands at all the schools in the district. This caused some of the kids to change their minds about wearing the armbands, but not John and Mary.…
The supreme court justices Samuel Alito answered to this case that Mr. Salina didn't have the right to remain silent. Mr. Salina was free to leave, which didn't insert his Miranda rights and he had therefore no right to remain silent. Justices Samuel Alito stated that Mr. Salina´s should have affirmatively invoked his rights, because without Mr. Salina´s having a lawyer or being told the Miranda rights he should have been more affirmative about his invoking. (http://www.slate.com/articles/news_and_politics/jurisprudence/2013/06/salinas_v_texas_right_to_remain_silent_supreme_court_right_to_remain_silent.html) Salinas v. Texas is demonstrating the Miranda rules in a way where if the rules doesn´t apply the questioned from the beginning the Miranda rights doesn't apply either.…
I believe that these two justices’ jurisprudence, or philosophy of law, is shaped by their political ideologies. This is not to say, however, that I believe that the two justices’ political ideologies affect their ability to come to objective decisions since ultimately, their most important task is to remain impartial. The two SCOTUS justices are on the opposite ends of the ideological spectrum. In addition to their opposite ideologies, the pair has two completely different philosophies of law and therefore, vary in their methods of interpretation. Justice Breyer’s political alignment is more towards the liberal side of the court.…
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.…
The dissenting votes were Pierce Butler and James McReynolds. Justice Butler joined by Justice James McReynolds disagreed with the court’s ruling. They said that there was not enough evidence saying that the previous trials were not fair to the young black men. They also said that they felt as if the laws of the case applied to federal issues, not state…
Alito’s heritage as the child of an immigrant made him sensitive to the plights of those he viewed to be like him, as shown in his alignment with the majority in Fatin v. INS (12 F.3d 1233, 1993). The case, regarding an Iranian woman seeking asylum, was heard in 1993, and the court stated that she was eligible for asylum based on her membership in a feminist organization. This bleeding-heart style of conservatism ended when he did not identify with the litigant. In 1991, Alito dissented in Planned Parenthood v. Casey (505 U.S 882, 1992), a case where the majority struck down a law that forced women to alert their husbands before getting an…
John Marshall’s life began on September 24, 1755 near the city of Germantown in Virginia. As Marshall was growing up he spent one year of education at Archibald Campbell’s Academy. He then became home schooled by his father Thomas Marshall. As the months past by, John Marshall found himself reading Commentaries on the Laws of England by Blackstone. Reading this book influenced him to become one of the greatest lawyers of all time.…
In a Democracy it is important to have frequent elections where all adults have the availability to participate. Until recent history the United States had mechanism put in place where some groups of society had multiple obstacles. Mechanisms like poll tax and literacy tests were given to reduce the number of minority voters. Individuals were even disfranchised and had no capability to vote. Devices and mechanisms able to break the burden of disfranchisement had first began in 1965 when a group of peaceful marchers traveled to Selma, Alabama, to the state capital of Montgomery to push and promote legislation for the creation of new voting rights legislation.…
The case that was chosen to find out more information was O’Bannon v. NCAA. Even though this case started in 2013 it is still in courts to this date with appeals. Plaintiff: Edward C. O’Bannon, Jr Defendant Appellee, National Collegiate Athletic Association, AKA the NCAA Defendants: Electronic Arts, Inc.; Collegiate Licensing Company AKA CLA, Presiding Judge: Claudia Wilken, Senior District Judge Court: Northern District of California Appeals Court: Ninth Circuit Court of Appeals Appeals Date: September 2016 A little history of the case: This litigation is anti-trust category assignment law as used to be filed against the National Collegiate Athletic Association (NCAA).…
Is it fair for a Supreme Court Justice to follow public opinion instead of seeing the case through the law? Originally Africans were captured and taken to the United States by the Dutch in 1619. During the next couple of decades, more Africans and Caucasians were brought as apprentices and indentured servants to become free after their time was served. As time passed the Africans were no longer indentured servants, but rather moved down the socioeconomic scale around the 1650’s. They remained as slaves while, their white counterparts became free.…