Judicial activism

Who Killed Vincent Chin? Who Killed Vincent Chin? chronicles the events leading up to the murder of the young industrial worker as well as the aftermath of the crime for those involved and for the community as a whole. The documentary highlights the horrific events incited by prejudice and stereotypes. The film describes the social climate in Detroit that permitted the occurrence of such a violent crime, including the distress caused by a sudden rise in unemployment and the widespread animosity…

On May 17, 1954, these men, members of the U.S. Supreme Court, ruled unanimously that racial segregation in public schools is unconstitutional. In spring 1953, the Court heard the case but was unable to decide the issue and asked to rehear the case in fall 1953, with special attention to whether the Fourteenth Amendment's Equal Protection Clause prohibited the operation of separate public schools for whites and blacks. The Court reargued the case at the behest of Associate Justice Felix…

Federalism is the political system in which ultimate authority is shared between a central government and state or regional governments. The balance and boundaries between the national and state government have changed greatly. For the framers of the constitution federalism was a way to minimize conformity costs. they knew they couldn’t come up with an exact list of everything the government could and could not being that there will be time where it might has to be some add on to the list. So…

The 1972 Supreme Court case Roe v. Wade is arguably one of the most notorious Supreme Court cases of all time. Not only because of the specific issue of abortion, but in the more broad perspective of state laws, versus federal law. This landmark Supreme court case, which was ruled 7-2, upheld the right to privacy under the 14th amendment and protected women in the right to have an abortion within the first three trimester of a women pregnancy. Prior to the Roe v. Wade case in 1973 there was…

This essay discusses the case of McCreamy County versus the American Civil Liberties Union in 2005 regarding the display of the Ten Commandments and whether it was in violation of the Establishment Clause of the First Amendment. This essay also discusses the separation between church and state from a letter written by Thomas Jefferson and its significance in the Establishment Clause. Another case discussed in this essay is the Everson versus Board of Education case that took place in 1947. This…

than their continental counterparts. Hence the English legal process adopted the adversarial model where the prosecutor is put at some theoretical disadvantage such as proving a case beyond reasonable doubt. The adversarial system is about limiting judicial power, since the judiciary is seen as an arm of government. According to Bottomley and Bronitt: the passivity of the judge under the system symbolises ‘’the liberal ideals of a neutral and non-interventionist state, of limited government,…

IV. Continuing the Fight for Civil Rights After the Civil Right Movement, there was huge backlash from opposers of policies and norms that were set it. Richard Nixon and Ronald Reagan took advantage of his inherent hate by introducing legislation the war on crime/drugs in order to appease the opposing side. Over the following decades, while the Civil Rights Act protected communities of color from invidious discrimination, the fight for civil rights was not over. In her academic article…

judges. Judges also get influenced by the flowing air of remarks in a controversial matter. Independence of judiciary is a pre requisite to the rule of law and fundamental guarantee of fair trial. Impartiality is an outmost necessity for discharge of judicial functions. There should be reflection of impartiality not only in the decision but in the process itself. The main problem with the Press with consideration…

The elephant in the room of our national discourse about race continues to be the de facto racial segregation of our communities, and by extension of community-based racial segregation, the segregation of our nation’s system of public schools. Sixty-two years after the Brown v. Board of Education (1954) decision in which United States Supreme Court declared the de jure segregation of public institutions a violation of the equal protection provisions in the 14th Amendment to the Constitution, the…

disobedience, but was still able to lead a peaceful, nonviolent revolution towards true freedom. He showed the world that African Americans needed racial equality. He advocated for protests, grassroot organizing, and civil disobedience in a place of violent activism. MLK showed that separate bathrooms, restaurants, water fountains, and separate schools were not needed. MLK inspired groups like the Black Panthers which fought against police brutality. They urged violent resistance against whites.…