Wainwright that these distinguished justices ruled the “states must provide qualified counsel to defendants under the Sixth Amendment.” (CBN, 2009). This being one of the most important interests of fair treatment of the accused is substantially the first real implementation of Due Process. Another example of protection of our citizens through Supreme Court justice is the 1966 judgment in Miranda vs. Arizona. In this case the court decided that “police must inform citizens of their rights when taking them into custody.” (CBN, 2009). This author believes the preceding examples speak for themselves of the positive nature of Supreme Court decisions in view of the citizens of the United States of America.
This act effectively has provided a concrete document that outlines the rights of citizens. Since the passing of this act, judges have been able rule more confidently based on the legislation rather than using complex declarations of the common law via precedents. The increased ease for judges and clarity for citizens has increased the effectiveness of rights protection by the judiciary because now the judiciary can use articles in the HR Act to rule in favour of individuals. For example, in the case of Catherine Zeta Jones v. Hello Magazine 2001, the court was able to rule clearly that the article 8 right to privacy outweighed the magazine's article 10 right to expression and thus Zeta Jones' wedding was allowed to remain private. This clearly shows an effective protection of liberty by judges.
The parties involved in the case were State v. Johnson. [Please see below.] In order for a case to be heard by the Supreme Court it must pass certain courts; the courts in which the case was appealed in are the following and are listed by having the least amount of authority: -Texas Court of Criminal Appeals -Texas Court of Appeals Fifth District - Dallas County Criminal Court [Good!] All of these courts heard the case presented and when a resolution was unable to be presented it was presented to the Supreme Court for ruling. The proper citation for this case is Texas v Johnson, 491 U.S. 397 (1989).
The opinion of the court, announced on December 14, 1964, was delivered by Justice Tom C. Clark, with concurring opinions by Justice Arthur Goldberg, Justice Hugo Black, and Justice William O. Douglas. The U.S. Supreme Court held that Congress acted well within its jurisdiction of the Commerce Clause in passing the Civil Rights Act of 1964, thereby upholding the act's Title II in question. While it might have been possible for Congress to pursue other methods for abolishing racial discrimination, the way in which Congress did so, according to the Court, was perfectly valid. In response, the United States countered that the restrictions requiring adequate accommodation for black Americans were unquestionably related to interstate travel, and that Congress, under the Constitution's Commerce Clause, certainly had the power to address such a matter in law. It further argued that the Fifth Amendment does not forbid reasonable regulation of interstate commerce, and that such incidental damage did not constitute the "taking" of property without just compensation or due process of
Persuasive Essay for Mississippi University for Women v. Hogan 458 U.S. 718 (1982) By: Linda Murray Professor: Deborah Zeringue Class: CM114-04 Writing Comp. 1 Date: May 12, 2008 In today’s world every person, male or female, deserves to be treated equal. Every person should not be judged on their gender or race, when trying to pursue something in their life. In the case Mississippi University for Women v. Hogan, 458 U.S. 718 (1982) the court ruled that a school excluding males from enrolling in a state-supported professional nursing school does violate the Equal Protection Clause of the Fourteenth Amendment. Hogan was decided correctly because it violated the Fourteenth Amendment; by men being in the school it does not prevent women from gaining training or other opportunities, and the medical field is not specifically just a woman’s job.
The litigants have a "right" to that and finally-to add one more shade of meaning to the comprehensive term "right"-the answer thus arrived at is dictated by general requirements of justice. Since justice is a branch of morality, the "right" answer is not only correct but also right in a moral sense. My purpose here is to examine how the rights thesis would apply to the Speluncean Case, and to do so in the spirit of my former teacher's presentation. Therefore, let us imagine that, right after the decision in the Speluncean Case was handed down, the Chief Executive of Newgarth constituted a Special Commission of three law professors at the University of Newgarth School of Law to present a recommendation on the question whether executive clemency should be extended to the convicted defendants. [FN3] ______________________________________ *Anthony D'Amato, 1980, Professor of Law, Northwestern University School of Law [FN1] Fuller, The Case of the Speluncan Explorers, 62 HARV.
“Civil rights and liberties are intended to protect both active and passive players in American politics as well as minorities from tyranny of the majority.” (Frantzich) Freedoms provided to American citizens in the constitution and bill of rights is called civil liberties. The right that all Americans be treated equally regardless of race, gender, age, or disability is called the civil rights. Civil rights have changed over time, America, for example used to allow segregation of blacks. In this day segregation is illegal is considered unconstitutional and certain organizations have been founded to ensure the rights to all. Civil liberties are similar to civil rights, for example under the bill of rights the freedoms are established, such
Due Process Due process refers to the rights that the federal government must respect in terms of individual citizens according to the law. Due process goes further to provide some level of protection from the state (Roach, 1999). Judges must uphold due process by accurately interpreting the laws so that the rights of individual citizens are protected. Procedural due process falls under the rights afforded to American citizens under the Fourteenth Amendment. This ensures that those standing trial receive a fair trial which includes the ability to appear before a judge (Roach, 1999).
Effects of Affirmative Action on Higher Education & Employment Carolina Correa Assumption College Understanding Affirmative Action One can say that public policies can be judged in terms of intent, outcome and message. Affirmative Action was originally needed to deal with disparities - social, economic, political and educational in America. The American Psychological Association (1996) has provided the following definition of affirmative action: “Affirmative action occurs whenever an organization expends energy to make sure there is no discrimination in employment or education and, instead, equal opportunity exists” (p. 5). Affirmative action and equal opportunity differ from each other in terms of the philosophies that underlie them(Crosby, 1994).Affirmative action was intended to give women and minorities access to educational and occupational opportunities that previously had been closed to them, either because of present discrimination or because of the present effects of past discrimination. The Affirmative Action program was initially an emergency stop-gap measure to resolve a serious and immediate problem.
Everyone wants an edge on their college applications; however, the color of your skin should not be considered an advantage or disadvantage for students applying. Colleges are battlegrounds for numerous morals, academic and political beliefs. The college admissions committee should not add another weapon to their campuses by using race as a determining factor in the admission of students. Their acceptance should be based on hard work, determination, and the knowledge and skills gained in school leading up to college admissions. These factors, proven by transcripts, standardized test scores, and a resume will lead to a well-prepared incoming freshmen class that will excel at their respective universities.