Constitutionality

and Linda Coffee, took McCorvey’s case and dubbed their plaintiff “Jane Roe” a pseudonym to help protect her identity. Then on March 3, 1970, Coffee filed a complaint at the Dallas federal district courthouse, suing the State of Texas over the constitutionality over its abortion laws. The case was later amended into a class action lawsuit on behalf of all other women who were or might become pregnant and want to consider all the options. The suit was filed against Henry Wade, the Dallas district…

1. Discrimination occurs when certain individuals or groups are treated one way, while others are treated another. It's an act of unequal treatment. In the case of Plessy v. Ferguson, the Supreme Court upheld the constitutionality of racial segregation in public facilities under the doctrine of "separate but equal." It fits the definition of discrimination because whites and colored people were treated differently. At this time, society didn't like the idea of the two people affiliating with…

Federalist Papers. The lasting effects of these significant works in American history still resonate today. The Supreme Court justices initially looked to The Federalists Papers to uses a guidance tool prior to making rulings and decisions on the constitutionality of a law. The writers of these papers all had a progressive agenda for the American government and public. Protection of rights was the key driving force in the creation of the establishment. From the opposing force in the…

Enacted by Congress in 1938, the Fair Labor Standards Act (FLSA) established a 25 cent minimum wage, a 44 hour long work week, which was later revised in 1940 to only 40 hours per week, and prohibited child labor (Fair Labor Standards, n.d.). However, in 1940, Fred Darby of Darby Lumber failed to comply to the regulations of the FLSA and was arrested when shipping lumber out of state because he was working his employees overtime and paying them under the minimum wage requirement. After a hearing…

According to, the article, The Juvenile Death Penalty: A Frustrated Society’s Attempt for Control by James R. P. Ogloff (1987) examined the attempt to control the United States in the provision for the juvenile death penalty. Besides that, the author discusses the various Supreme Court decisions that affected society’s control over the death penalty for juveniles. For instance, the Supreme Court decision on Thompson v. Oklahoma, which examined whether it was constitutional under the Eighth and…

In Reno v. ACLU, the 1996 Communication Decency Act was challenged for its constitutionality. The Act criminalized the conscious transmission of “obscene or indecent” information, in order to protect minors from unsuitable internet content. While the purpose of this act had good merit, the Court held a unanimous decision that the Act…

The debate over security vs. liberty has been an issue in the United States since the nation was first born from the rubble leftover from the American War of Independence from the British Empire. Founded in 1908, the mission of the FBI is to protect and defend the United States against terrorist and foreign intelligence threats as well as uphold and enforce the criminal laws of the United States. The NSA was founded by order of then President Harry S. Truman in 1952 with the purpose of…

Once a state has created a law and it has been determined to be constitutional, the enforcement process lends itself to judicial scrutiny when brought before the court. When the process of enforcement and the discovery of evidence have been put into motion, the circumstance surrounding how law enforcement came into contact with the accused is one of the first things reviewed - much of the initial interaction is based on the enforcement of State laws, which cascades into protected rights when…

Court noted that "the level of deference to the congressional decision is such that the Court has more recently questioned whether ‘general welfare ' is a judicially enforceable restriction at all." Instead, the courts have focused not on the constitutionality of spending programs themselves, but on whether various conditions imposed on the receipt of federal funds—conditions designed to achieve ends concededly not within Congress 's enumerated powers—were constitutionally…

In the Supreme Court case, Nelson v. Colorado, the judgment revolves around the constitutionality of the Colorado Exoneration Act. This act stated that monetary fines paid due to conviction charges can only be returned to the exonerated individual if they can prove beyond a reasonable doubt that they are innocent of the accused crime. The constitutionality of this law was debated and in question in regards to the Due Process Clause of the Fourteenth Amendment of the Constitution. I concur in the…