Constitutionality

Abraham Lincoln declared, “Don 't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.” It is the extension of these liberties to include all US citizens that lead to the civil rights movement fooled by the feminist movement in the 1960’s. The rights of the citizens are outlined in the constitution and the US courts are set up to interpret the constitution and uphold it as it applies to different issues. In the midst of the feminist…

to be heard; and in order that they may enjoy that right they must first be notified.”). This memorandum explains two points: (1) that constructive notice comports with the Fourteenth Amendment; and (2) that many courts are suspicious of the constitutionality of constructive notice, yet continue to rule that it is sufficient under the Fourteenth…

Roe v. Wade was not the first point in history abortion was discussed. Prior to the court case, many states, and eventually the Supreme Court, ruled on the constitutionality of state laws which preluded Roe v. Wade. In 1879, a Connecticut law was enacted stating that any one person who attempted through medical means to prevent conception of a child should “be fined not less than forty dollars or imprisoned no less than sixty days” (“Griswold v. Connecticut…”). This meant that any form of…

For many years, in one form or another, the criminal justice system has existed. The criminal justice system is the system that enforces rules and regulates the safest structure for society. There are many levels to enforcing justice and one crucial part of the criminal justice system is plea bargaining. According to Jus 505 lecture (2011), a plea bargain is when a defendant pleads guilty to their offence to receive a less harsh punishment. There has been much controversy over this procedure…

and Unusual Punishment" Although significant doctrinal developments relevant to present issue have occurred in various eighth amendment cases, however Wilkerson, Kemmler, and Resweber are the Supreme Court cases that most closely address the constitutionality of various methods of execution. An in dept study of these cases will offer a more complete definition of the meaning of cruel and unusual punishment. The Court's decision in Weems v. United States, is a landmark in eighth amendment law.…

Abortion Abortion became a primary issue with the court case Roe v. Wade when a decision was made by the Supreme Court in 1973 regarding the subject. The courts later changed certain parts of their decision with the court case Planned Parenthood of Southeastern Pennsylvania v. Casey in 1992. The cases fought over the rights to receive an abortion and argued the right to do so through means of the Due Process clause of the 14th amendment and the Right to Privacy implied in previous cases.…

taken from them. The court case Korematsu v. United States was one of the most controversial court cases regarding the internment of japanese internment. The case begins with Fred Korematsu, a twenty-three year old welder, disagreed with the constitutionality of E.O. He stayed in the exclusion zone, and tried to assimilate into the Spanish population. He changed his name to Clyde Sarah, and underwent surgery to change the slant in his eyes. He was arrested and held in a local jail. An attorney…

the evidence but they were evenly divided so the ruling of the lower court stood. The judges that agreed that it was constitutional thought that the VRA which outlawed voting laws that would cause racial discrimination did not pertain to the constitutionality of disenfranchising laws because Congress didn’t say explicitly that they were for that purpose (Key…

The United States has certain cities called sanctuary cities that does not fully follow the federal laws of immigration. Mayors of these cities are doing so in order to reduce the fear of deportation and the possibility of the separation of families who are in in the country illegally. In many cases this is done so that these people will take part in society in ways such as reporting crimes, using social and health services, and to make sure they will enroll their children in the public school…

required abortions after 12 weeks of pregnancy to be done in a hospital, for the same reasons they struck down the ordinance in Akron (Justia, 2015). In Planned Parenthood of Southeastern Pennsylvania v. Casey, Planned Parenthood challenged the constitutionality of a Pennsylvania law, which put many restrictions on women seeking an abortion. Using stare decisis, the Court ruled that the Pennsylvania law was unconstitutional and struck it down. In this case, the Court affirmed Roe, all while…