349 Search Results for Supreme Court vs The First Amendment
Brown v Board of Education is one of the most famous landmark cases in American court history. Set against the backdrop of the early 1950s, just as the civil rights movement was beginning to heat up, Brown v Board of Education changed the face of Ame Continue Reading...
Justice and Security
Free Balance in the Administration of Justice and Security
Justice and Security policies have always been at the center of international politics, but their nature has changed due to the advent of nuclear weapons and their prol Continue Reading...
Abortion
Nature intends that an offspring should begin and develop in the mother's baby until it is mature enough to be delivered and live on its own. Those nine months of gestation in the mother's womb pose a long-standing controversy, which pits t Continue Reading...
Authors Donald Lively and Russell Weaver describe Hustler Magazine as Falwell's "antagonist (p. 79)," no doubt representing for Falwell abuses of our Constitutional freedoms.
"In 1983, Hustler Magazine decided to parody Falwell using a Campari Liqu Continue Reading...
The majority opinion would be written by the historically conservative
Justice Scalia. His response is characterized by Stout (2009), who reports
that "in layman's terms, 'arbitrary and capricious' action by a lower court
or an agency means the acti Continue Reading...
Individual Research Task. Individual Research: Overview
Medina vs. California, 505 U.S. 437 (1992). Retrieved from Findlaw at:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=505&invol=437
Competency to stand trial (CST)
M Continue Reading...
When Brown vs. Board of Education came to the courts the judges ruled that the school law allowing "separate but equal educations" was unconstitutional which set the stage for the later examination of special education students being "separate but Continue Reading...
Catholic church and public policy have remarked that the members of American clergy in general, without even excepting those who do not admit religious liberty, are all in favour of civil freedom; but they do not support any particular political syst Continue Reading...
Articles of Confederation and Constitution
Constitution addressed a number of complaints listed in the Declaration of Independence against Great Britain's King. In addition, the Constitution cured a number of weaknesses in the Articles of Confederat Continue Reading...
artists be given free rein in the producing and displaying of works that are offensive, objectionable, or disparaging of certain people's beliefs and values? What responsibilities do artists have to their society? What responsibilities does the soci Continue Reading...
The difference comes when the person, whether or not incited by hate speech, does more than just talk, but takes the hatred a bit further and commits a criminal act, such as an attack upon a person or a place simply because it is associated with som Continue Reading...
those of the federal government. But the assessment delivered in the case of Granholm v. Heald actually seems to imply that this focus is misdirected. In a case where small wineries with limited means to obtain local distribution have attempted to b Continue Reading...
14). Soon, Congress passed the Marijuana Tax Act, which was signed into law in 1937. Like the Harrison Act, the Marijuana Tax Act placed marijuana into the same category as the cocaine and opium drugs. It was now illegal to import marijuana into the Continue Reading...
" And perhaps points to a key deficiency within the public school milieu. After all, just because a particular educational principle is not carefully scripted into the classroom plan or even school year does not mean that its unexpected inclusion is Continue Reading...
The Burger Court held that the prosecution simply needed to establish by a preponderance of the evidence that the evidence illegally obtained would have been lawfully and inevitably discovered. The Burger Court did not think that a police officer wo Continue Reading...
Gun Control in the United States:
A persuasive argument in favor of gun control
The Second Amendment to the U.S. Constitution reads: "A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bea Continue Reading...
The problem of determining the right approach is compounded by the effects of the culture of violence to which many young offenders are exposed. In some cases, it is possible to reform their behavior but in other cases, juvenile offenders already t Continue Reading...
But science is about stepping stones: the creation of theories and hypothesis, and the testing of these hypotheses with empiricism. If these theories fail, then additional hypotheses have to be proposed. During the process of the testing these hypot Continue Reading...
Constitutional government Creating a system of checks and balances
A constitutional government places limits upon the exercise of power in writing. Power is invested in institutions, not simply in people or customs. According to President Woodrow Wi Continue Reading...
Gun control has been a controversial topic of discussion in the United States ever since it was initially introduced in the 1920s. Conventional wisdom says that guns are responsible for violence and that they need to be regulated more stringently to Continue Reading...
Libel Cases
Liable is one way of preventing, someone from making false claims about another person. At the heart of these cases, is a focus on having varying degrees of proof. This means that private citizens have lower standards for demonstrating t Continue Reading...
Civil Rights Movement: Brown v. Board of Education
There were many great moments in the civil rights movement, but none stands out more than the landmark case of Brown v. Board of Education of Topeka. That case truly addressed the horrors of segrega Continue Reading...
The government should have ultimate powers on the control of handguns, and possession of firearms made illegal to avoid massacres. If the U.S. had stringent Laws on firearms, the school massacres would not be happening. It is time for the U.S. To ac Continue Reading...
Benefits From Plea Bargaining?
Although the U.S. Constitution guarantees all defendants a trial by jury, individuals entering the criminal justice system today have about a one-in-twenty chance of actually undergoing a trial, with the rest of the c Continue Reading...
The fact that two courts can produce two different outcomes for an accused individual shows that there are definite inconsistencies within the opinions of the court system. Where one city or state creates one law, another city or state will create a Continue Reading...
Layne', in December 1994, the Office of the Information and Privacy Commissioner received a compliant that the Vancouver Police Department had taken a decision to block out the faces of those person who were being interviewed by the police in the pr Continue Reading...
S. Constitution as offering much protection but instead view it as being the responsibility of the states to provide protection for private property owners. In the event that the courts "...continue to abdicate their role as the protector of individu Continue Reading...
ROCHIN V. CALIFORNIA Summary of the Facts - On the morning of July 1, 1949, three deputy sheriffs from Los Angeles County believed that Rochin was selling narcotics. The sheriffs found Rochin's door open, and entered the premises in which he lived wi Continue Reading...
e., the company) that has technical control over telecommunications networks and thus technical ability to access communications, versus a party that is duly authorized to actually access those communications via a warrant (Mares, 2002). Although, as Continue Reading...
The case snowballed and grew until the nation viewed Zelmanv Simmons-Harris as the test case to try the legal boundary between church and state. It was also looked to for the purpose of redefining the meaning and scope of public education in Americ Continue Reading...
The court pointed out that the reason next friend status is observed to occur almost exclusively among prisoner's relatives is because a family member typically decides to step in when the competence of the prisoner is in question. The Court also ar Continue Reading...
Even in the 2008 general election, which had widely-touted voter turnout, a number of eligible people did not vote. Michael McDonald engaged in a complex study, which not only looked at people in the population who were age-eligible for voting, but Continue Reading...
Conservatives, on the other hand, have many passions and one of them is a color-blind government. Most of them believe that all policies of discrimination should be discarded. They view these policies as unwise, immoral and unconstitutional. Three c Continue Reading...
Let's have a brief analysis of several means that were used against Black suffrage. The first and easiest to use subterfuge was the literacy test. According to this, the voter was required to be able to read a section of the Constitution in order t Continue Reading...
(The Sixth Amendment, http://civilliberty.about.com/od/lawenforcementterrorism/p/6th_amendment.htm. Retrieved 6 December 2009.)
The Fourteenth Amendment, although not (obviously) a part of the Bill of Rights, presents rights that are as central to Continue Reading...
Only with the passage of the Civil Rights Act 1964 and Voting Rights Act 1965 did the legacy of 'Jim Crow' truly end, many years after Plessy v. Ferguson was declared legally invalid in Brown. These two acts gave legislative 'teeth' to the Brown de Continue Reading...
Four years later, the average federal drug sentence for African-Americans was 49% higher." (Vagins and McCurdy, 2006) Additionally stated by Vagins and McCurdy is: "In 2000 there were more African-American men in prison and jails than there were in Continue Reading...
Miranda v. Arizona. 384 U.S. 436 (1966)
This case was first brought in district court against Ernest Miranda after a rape investigation led authorities to question him. Under questioning, Miranda admitted to raping a young girl and signed a written Continue Reading...
Mythology Political Issues
Constitutional History: Beginnings and Changes
This paper will explore the historical basis for the Constitution of the United States and the changes that have occurred both gradually and radically during short history of Continue Reading...
Hate Speech on Campus
Colleges and universities have always portrayed themselves as the bastions of free speech and expression. However, in the growing diversity of college communities, more universities struggle to maintain the balance between prot Continue Reading...