Constitutional Law Topics Essay

1223 Words Oct 31st, 2010 5 Pages
Unit 9: Tiers of Rights

Crystal Morgan
Constitutional Law, LS 305-02
Professor Solomon
September 29, 2010 The Constitution of the United States of America is known as the supreme law of the land. Within these historic pages, even in our modern times, is a section known as the Bill of Rights, which explains each of our freedoms. Every freedom is important and these freedoms have not been subtracted from but added to as time progressed. A couple of rights have “aged out,” which simply means that with modern progress they are not applicable anymore. But without the Fourteenth Amendment giving us the right to due process and equal protection of the laws, we would be left without a recourse for redress from losses resulting from
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These particular laws have a far reach, so they are broken into five Titles. Transportation, Education, and Employment are just touch on the topics, as nearly a quarter of the population of the United States is disabled in some fashion. Title II covers the courts and all other public services serving the public. As recently as August of 2010 a Massachusetts Supreme Court case (No. SJC-10609) was decided involving the access of a disabled elderly woman in the courts, according to Wendy Murphy, J.D., whom argued the case and presented the facts in September at this year’s International Conference on Ending Violence, Abuse, and Trauma (IVAT). The two main points found that a disabled individual is allowed “testimonial” access even if accommodations are necessary to do such, and the individual has a right to redress the government if the mandates of the ADAAA are not followed even if by a court or judicial officer. Affirmative action was born and no discrimination shall be based on race, sex, sexual orientation, age, disability, or religion. These equality rights are established within their own tiers of scrutiny and this very question was at the forefront of the Warren Courts. For example, strict scrutiny was not applied until the case of Korematsu v. United States, 323 U.S. 214 (1944). Intermediate scrutiny began with the case of Craig v. Boren, 429 U.S. 190 (1976). Eventually after much

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