The actuality of the case of State v. Stewart consist of a variety of mental, physical and emotional abuse in which Peggy Stewart had been “pushed” in her own mind to kill her husband to escape from his toxic and cruel behavior. As a result, the facts of the case are a wide variety that contributed to Peggy’s “imminent danger” state of mind when deciding whether her actions were truly self-defense. These include the abuse at hand, physiological trauma that Peggy experienced, and professional opinions about Peggy’s actions. An important factor of the case is Peggy Stewart’s significant abuse by her husband, Mike. Additionally, Mike’s abuse was not only to Peggy; but also to her daughter, Carla.…
Case Citation: Maryland v. Pringle, 540 U.S. 366 (2003) Parties: State of Maryland, Petitioner / Appellant Joseph Jermaine Pringle, Defendant / Appellee Case Facts: On August 7th, 1999 a Maryland police officers legally stopped a car for speeding in the early morning hours. The car was occupied by three men, to include the Defendant/Appellee Joseph Jermaine Pringle. The Officer that initiated the stop saw a large roll of cash in the glovebox while the driver was retrieving his registration. All men were checked and cleared for outstanding warrants and a warning was issued to the vehicles driver. The officer requested and was granted permission to search the vehicle.…
Furlow, 04-CV-5887 Our File No. 5-987 Statement of Facts: John Brown sued his dentist, Dr. Thomas Furlow, claiming he was injured as a result of Dr. Furlow’s failure to extract an infected tooth on August 3. John Brown ignored Dr. Furlow’s recommendation to return because his tooth was infected. Mr. Brown then went on vacation and while on vacation he passed out due to infection, pain, and the infection spreading. Mr. Brown incurred medical expense and loss of wages. Furlow was served with a complaint on March 1.…
The first case that has established the power of the federal government by Supreme Court is McCulloch Vs Maryland. In 1816 Congress created a bank in the state of Maryland. Two years later Maryland Assembly passed a law to impose taxes on the bank. McCulloch was a cashier at the bank and refused to pay the tax. The Constitutional questions that were being asked Did Congress have the authority to establish the bank?…
McCulloch vs. Maryland is the court case that brought attention to expansion of federal power to the United States of America. The two main questions on why this case was brought to the Supreme court were…Did Congress have the power to establish the Second Bank of the United States of America? Did Maryland have the power to tax the bank? This case confirmed that Congress did have the power to establish the Bank, and Maryland did not have the power to tax the Bank. The Supreme Court ruled Congress had the power to establish the Bank in Article One, Section Eight of the Constitution using the elastic clause, stating Congress has the power to “make all laws which shall be necessary and proper for carrying into execution.”…
Under Article 1, Section 8, Clause 18 of the United Sates Constitution, or the elastic clause, Congress does in fact possess the power and ability to establish a bank within the United States. 2. We further find that Maryland’s power of taxation violates the Constitution’s Section 8 of Article, within both Clause 18, and 1, in that Congress is specifically given the power to tax. Even more so, we found that Maryland’s power to tax is an interference of Congressional duty, and thus…
The McCulloch v Maryland case, presided over by John Marshall, dealt with the legality of the State of Maryland’s decision to place taxes on bank notes chartered from outside of the area. The issue was brought to the national level after James McCulloch, leader of the Second National Bank of the United States within Baltimore, refused to pay the imposed fee. The Supreme Court ultimately sided in his favor, citing the fact that the state had ratified the Constitution and then, the Necessary and Proper Clause. Likewise, Congress possesses powers that are not specifically defined within the supreme law of the land, therefore it is up to the discretion of the Judicial Branch to decide whether or not the intent is reasonable. In this case, they…
It was thought previously that the federal government only had power over interstate commerce, like state in the case above, but Marshall’s opinion said that the commerce clause applied to this case too. This led to the extension of the definition of interstate commerce and settled the federal government’s power over the…
One of the most intellectual forces of the Marshall Court was its importance on the Supreme Court's power in Marbury v. Madison. Preceding to the Marshall Court, organizers of the Constitution, For example, Alexander Hamilton inquired the Supreme Court part as the lowest part of the major branch of government. The Marshall Court changed this knowledge in Marbury v. Madison. The case's crucial issue was whether the court had the power to support a constitutional check on the case.…
A typical example was when Marshall used the Supreme Court to extend the power of the Federal government in McCulloch v. Maryland in 1819, Maryland enacted a law that requires all banks without a charter from the state to pay a tax and they are prohibited to print money without stamped paper from the state. The Chief Justice ruled that the Constitution allowed the national opportunity to establish a national bank. McCulloch v. Maryland was an important decision by the Supreme Court of the United States, which maintained the authority of Congress to create the Bank of the United States. In McCulloch case, Marshall simultaneously explained the jurisdiction of the court to interpret the constitution, the nature of the relationship the federal-state inherent in a federal system of government, and nature democratization of both the US government and its…
Opinion of the Court: McCullen v. Coakley The Eleanor McCullen against Martha Coakley, Attorney General of Massachusetts was a Supreme Court Issue in 2013. In 2000 Massachusetts Legislature created the Massachusetts Reproductive Health Care Facilities Act which stated that a buffer zone will be enforced around abortion clinics to prevent interference between those who are pro-life and pro-choice advocates. The final ruling from the Supreme Court was that the buffer zones did violate the First Amendment.…
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.…
Justices Scalia and Thomas. Scalia stated that “We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate the democratically adopted legislation.” Additionally, Scalia believed that the Supreme Court did not have the jurisdiction to review and decide the case. Both Justices believed that this case was about power.…
The word "commerce" itself is a source of controversy. The Constitution does not explicitly define the word commerce just like the constitution does not define the word man when it comes to the requirements for qualifying to meet the requirement for running for office. Some beliefs that it refers simply to trade or exchanges while others claim that the founding fathers intended for the word commerce to mean commercial and social interactions between citizens of different states. Since there is no clear cut right answer for what commerce really means in terms of what the founding fathers wanted it to mean, the popular interpretation of the word "commerce" that I have seen in the case 's that we have studied so far to me means that commerce…
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.…