Supreme Court Cases Essay: The Constitution

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Jennifer Porter October 1, 2012 Law, Period 1 Supreme Court Cases Essay The Constitution. Hopes, dreams, aspirations of all the American people are what the Constitution represents. People who are able to live their lives freely and have a free government whom is answerable to them, but strong enough to effect the proper purposes of its responsibility. It is meant to unite the colonies, protect and allow American citizens rights and liberties, and establish a law for all to live by throughout the nation. Our countries desire for “life, liberty, and the pursuit of happiness” was finally illustrated in this document when it was ratified in 1789. The right I have chosen happens to be the right that, I feel, is one of the most important…show more content…
The Supreme Court has ruled three Court cases that I have found interest in. The first one is a case called Virginia vs. Black. In this case, Barry Black led a rally that burned a cross on private property during a KKK rally that was consented by the owner of the property whom was present along with twenty-five other people. People passing by on the road and neighboring properties could observe what was happening on the property. Richard Elliot and Jonathan O’Mara were convicted separately for violating a Virginia Law saying, “For any person… with the intent of intimidating any person or group… to burn… a cross on the property of another, a highway or other public place. (oyez.org)” Though they were not in the KKK, they were attempting to get revenge on an African-American man (James Jubilee) by burning the cross on his property for personal reasons. In the United States, it is seen as a threat if the person that the cross burning is being directed at doesn’t comply with the Klan’s wishes, and will more-likely have to endure the Klan’s outrage. At the trial of this case, Black was found guilty after objecting to a jury that under the First Amendment, the cross burning by itself was sufficient evidence from which the required “intent to intimidate” could be inferred. O’Mara and Elliot both were charged with attempted cross burning and conspiracy to commit cross burning. O’Mara pleaded guilty, and was sentenced to a jail time of 90 days and was fined $2,500. Elliot was found guilty by the jury of attempted cross burning as well and was sentenced to 90 days in jail and a $2,500 fine. This Court case was decided on Monday, April 2, 2003 with 2 votes for the Virginian Law, and 2 votes against it. Justice Clarence Thomas dissented the judgment saying, “Cross-burning itself should be a First Amendment exception, as others have argued regarding flag-burning. This statute only prohibits conduct, not

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