United States v. Lopez

Reconceptualizing federalism (2005) suggests federalism in the 1990’s and the early 21st century is defined by, “both the Supreme Court and Congress … restricting federal authority for the sake of protecting states ' autonomy”. These rules define the scope of authority available to the federal, state, and local agencies—what they can do by law—and they provide a framework to govern relationships between and among agencies. In the 1780s a group of like-minded Americans recognized the…

“America, the Land of the Free.” People have been immigrating to the United States ever since the 1500’s when America was discovered. The United States has and continues to attract people because of its superior education, healthcare, job opportunities, and freedoms of religion and speech. Immigration is a continuing controversial issue expressed by both liberals and conservatives now that the 2016 presidential election is in stride. Since immigration is not found within the constitution,…

Explain the rationale for the internment of Japanese-American civilians in camps during World War II. Research and discuss the arguments in the Korematsu v. the United States case that went up through the high courts. (See the text, p. 696.) In 1941 the United States was on a slow recovery from the worst economic catastrophe in the nation’s history, The Great Depression. Additionally, European nations were once again engaged in a deadly war over expansion, power, and natural resources that…

pending litigation with its decision in Shelby County v. Holder. As a result, people voting a person in all Texas elections can use the approved list of acceptable forms of identification: •Texas driver license issued by the Texas Department of Public Safety (DPS) •Texas Election Identification Certificate issued by DPS •Texas personal identification card issued by DPS •Texas concealed handgun license issued by DPS •United States military identification…

The legal and education arm of NAACP made concerted efforts in other landmark court cases, such as the Missouri ex rel Gaines V. Canada case of 1938 that saw an all-black graduate student of Lincoln University to be allowed to attend University of Missouri Law School after being denied admission on racial considerations (Tushnet, 1987). Sweat V. Painter case of 1950 was another important case where the legal and education arm of NAACP continued to press against discrimination of African…

argue that states’ rights hold more importance over the power of the federal government, an “overall trend in American history shows the increase of dominance of local over national politics.” The dominance of the federal government is beneficial for American society because it is more efficient, more democratic, and…

that is of interest to the case, is questioned. State v. Echols, 382 S.W.3d 266, 280 (Tenn. 2012) (citing Miranda v. Arizona, 384 U.S. 436, 444 (1966)). The Miranda rights present that a suspect “has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any…

The United States has given us a set of rules and rights that protect and serve the people of its country. The citizens of the United States are born with rights that some of us may or may not know, but the government and police are sworn to protect these rights with the upmost respect. The 1966 Miranda v. Arizona court case was one, if not, the most influential verdicts in this country. Our Fifth Amendment, which protects citizens from self-incrimination in the courts, supports the Miranda…

test. The Brandenburg test, established in Brandenburg v. Ohio, requires that speech be “directed to and producing imminent lawless action and is likely to incite and produce such action” before it can be Constitutionally abridged (Brandenburg, 981). The Brandenburg test established the modern interpretation of limitations on First Amendment principals. Previously, the clear and present danger test, as established in Schenck v. United States, was the prevailing test to determine if speech…

and forbidding the states to restrict the basic rights of citizens or other persons”. To my housemate, Tara, she didn’t even know what the fourteenth amendment was, but when asked how she defined equality she said “fairness”. To my mom the fourteenth amendment was having “the same rights regardless of sex or race”. Listing the variety of different meanings of the fourteenth amendment and/or equality takes a great part in cases that have happened recently for example, Fisher v. University of…