Constitutionality

For instance, a Supreme Court decision State v. Post showed justices making excuses to legitimize the existence and continuation of slavery . Similarly, Buck vs. Bell presented a case regarding constitutionality of sterilization of mentally retarded people . It is clearly evident that many of our historical ideals were irrational; however, our standard of decency did evolve as Jefferson asserted and our laws did change accordingly with the power of judicial…

He was seen as very unintelligent, and everyone felt the need to give him a piece of their mind. Later, on appeal, the constitutionality of the law was upheld by the Tennessee supreme court. Many observers proclaimed the Scopes Trial as the turning point in the struggle between the mostly illiterate but hardcore bible goers and the educated scholars and scientists who were in…

answer to exactly what freedom of religion means. The Supreme Court solves this problem by interpreting the First Amendment clauses like the establishment clause. In the late 1970s the Lemon test was born, a three-pronged test to determine the constitutionality of state aid to religious events, groups, and even schools. In schools, a forced public prayer is unconstitutional, however, privately praying is not and allowable during school hours and functions. Furthermore, the free exercise…

The Griswold v. Connecticut case involved a challenge to the constitutionality of an 1879 Connecticut law prohibiting the dissemination of information about and/or the sale of contraceptives. Connecticut provided a law that prohibited the use of drug or any instrument for the purpose of preventing conception and should be punished with imprisonment and a fine. Estelle Griswold believed that it would be best to give couples information, medical advice and counseling in to preventing unwanted…

The Sokovia accords are a set of documents ratified by 117 countries in the United Nations to regulate the international deployment and involvement of “enhanced humans”. The accords require that every enhanced human be registered and monitored and that any involvement in a conflict or disaster by an enhanced human be first sanctioned by a panel appointed by the United Nations. Along with many other countries the accords were supported and signed by the United States which bring up some issues…

The cartoon I am analyzing is wildcard #1 of Constitutional Underpinnings. This cartoon symbolizes how our federal government is set up. In football, linebackers of opposing teams always tackle each other. This represents clashing of the Congress and the executive branch. Not only that, but in football games, sometimes one side overpowers the other. Similarly, during policymaking process or conflicts, sometimes, the Congress gives in or the president gives into pressure. For example, when the…

But, due to Texas laws Roe was challenged to bring a class action suit toward the constitutionality of the Texas abortion laws to legality of a woman’s right to have an abortion under the Fourteenth amendment to the Constitution. Roe worked with two eager young lawyers fresh out of law school. Roe sued on behalf of all woman equally situated…

The Role of the Supreme Court Today Due to the life tenure of the Supreme Court justices and the power of the Supreme Court, the role of the Supreme Court was under a lot of debates nowadays. All three authors expressed their views towards this issue. The first article was written by Ilya Somin. He argues that even though the Supreme Court could be wrong at times, yet the U.S. indeed need this power to regulate the enormous power of the government. A strong government that spends nearly 40% of…

In the historic 1803 Marbury v. Madison Supreme Court Case, William Marbury filed suit and requested the Supreme Court to order James Madison to convey to Mr. Marbury the commission of justice of the peace for the District of Columbia. This was originally appointed to him by President John Adams prior to him leaving office. Mr. Marbury contended that while this appointment was never officially commissioned; it was, nonetheless, rightfully and legally his. While this case originated as a debate…

The History and Future of Capital Punishment To understand what the future holds for capital punishment, we need to know the history behind it. Capital punishment has been dated back to Eighteenth Century B.C. Babylon of which 25 crimes were punishable by death. In Seventh Century B.C., the Draconian Code of Athens made all crimes punishable by death only. By the Tenth Century A.D., hanging had become the usual form of punishment in Britain. This form of capital punishment lasted until the…