During The New Deal And Great Society Eras The 14th Amendment Case Study

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1) During the New Deal and Great Society Eras the Supreme Court innovated a number of Constitutional law doctrines in order to fight the pervasive discrimination of Jim Crow. Describe two such doctrinal innovations—how did the law change from previous interpretations and what are the specific case examples?

Brown v. Board of Education is an excellent example of doctrinal innovation that changed its interpretation from previous precedent such as in Plessy v. Ferguson. This changed the interpretation of the 14th amendment Equal Protection Clause. When the 14th amendment was ratified in 1868, the framers had a very narrow interpretation of equality and whom it pertained to. Unfortunately, at the time of ratification, the Equal Protection Clause
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The most significant and modern case is Obergefell v. Hodges that created constitutional change by recognizing same-sex marriages equally with opposite-sex marriages. Before this case, the strategy was moving state by state to gain support for same-sex marriage to legalize it in specific areas but this was still limiting. The larger legal strategy was to aim for the Supreme Court to create a constitutional change that would create equality across the nation. Years earlier, it was declared that DOMA had prohibited the federal government from recognizing same-sex marriages even if the state recognized them. This was significant because this used to be a case that was left up to the state but since it was a case brought to the Supreme Court, the law changed across the nation. The opinion stated that there should be equality in both types of marriages and be recognized among states that have not yet legalized it and across the federal government. There was a focus on the impact it could have on families and the impact the kids would experience if their families were not legitimized and recognized by the federal government. Protection of minors is one of the nations greatest concerns and this was a movement that showed the importance that it can have on the children and future citizens and leaders of the country. This case was a …show more content…
Women gained the right to vote early on but the equality of being a women in society, in employment, and in the private sphere is a movement that has made significant progress but has more left to create. One of cases that are worthy mentioning is Griswold v. Connecticut, the case that dealt with the law that banned contraceptives. The opinion created change because it concluded that there was a right to privacy, which was not explicitly in the constitution, allow women the right to use contraceptives. This new found right of privacy allowed women to have the right to decide within their marriage whether they were to get pregnant or not. This also goes hand in hand with Roe v. Wade that allowed women to make the decision on abortions that gave them more control of their body, and this gave further freedom to the female on deciding what to do with their body and childbearing ability. Later on there were cases such as International Union, UAW v. Johnson Controls, Inc. that limited women that were fertile from obtaining certain jobs that exposed them to lead but did not have the same policy set for men. The opinion set that there could not be any discrimination of gender by employment, which has become a controversy of society even today. Increasingly women have gained more privacy, freedom, and equality as the views of society progress. These were some of the cases of the

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