The state of Georgia passed a law that requires all whites living in Cherokee territory be required to apply for a license to live there. Samuel Worchester: Missionary to the Cherokee Indian Samuel Worcester and 6 other whites were convicted by the state of Georgia for residing in Cherokee Indian territory without a license. Samuel Worchester argued that the state of Georgia has no authority to pass laws regulating activities within the Cherokee nation because the U.S has made treaties with the Cherokees and identified them as a sovereign nation. He also stated that the Georgia Law violated the Intercourse Act and Indian Trade. The Georgia court ruled out Worchester’s plea and sends him to 4 years of hard labor.
On March 6, 1857 in a decision of 7-2 the courts decided in favor of the slave owner. Roger B. Taney who was appointed as Chief Justice by President Andrew Jackson, declared slaves were not citizens and could not sue in Federal Courts and that the Missouri Compromise was unconstitutional. The court also declared the rights of slave owners were protected by the 5th amendment it seemed Slaves were the
Using the Law In 1947, President Truman told the Committee on Civil Rights that it was time to make sure civil rights laws were enforced. He said ‘We have been trying to do this for 150 years’ However; many state laws enforced only change these laws if they could show they were unconstitutional. This should have been easy; the fourteenth amendment to the constitution made black people full American citizens. Many people in government (especially people of southern states), fought to keep these laws in place. In 1896, in the case of Plessy vs. Ferguson, the Supreme Court had ruled that facilities, transport, and education could all be segregated as long as they were kept separate but equal.
Thomas Gibbons, another steamboat operator, competed with Aaron Ogden on this same route but held a federal coasting license issued by an act of Congress. Ogden filed a complaint in New York court to stop Gibbons from operating his boats, claiming that the monopoly granted by New York was legal even though he operated on shared, interstate waters. Gibbons disagreed arguing that the U.S. Constitution gave Congress the sole power over interstate commerce. After losing twice in New York courts, Gibbons appealed the case to the Supreme Court. The Supreme Court determined that the commerce clause of the Constitution grants the federal government the power to determine how interstate commerce is conducted.
After taken to trial, the prosecutor's case “consisted solely of his confession” to obtain a conviction. The Maricopa County Superior Court convicted Miranda of both rape and kidnapping and was then sentenced to 20 to 30 years in prison. Miranda appealed to the Arizona Supreme Court, claiming that “the police had unconstitutionally obtained his confession” as well as the absence of an attorney during the interrogation and should have been excluded from trial. The police officers involved admitted that they had not given Miranda any explanation of his rights. They argued, however, that because Miranda had been convicted of a crime in the past, he must have been aware of his rights.
Plessy v Ferguson was the landmark case decision on May 18, 1896 in which it was upheld by Supreme Court ruling to reinforce the Louisiana law that enforced the segregation of railroad facilities. It was determined that segregation was not considered a form of discrimination so long as the races were ‘equally’ accommodated. This became also known as the ‘separate but equal’ doctrine because it was well known that the conditions were certainly not equal. The overall outcome of this case set the equal rights movement back 100 years until Brown v Board of Education of Topeka overthrew this doctrine in 1954. This ruling was forever change the future of the school system for native born Black Americans and immigrants alike.
Texas v. Johnson, 491 U.S. 397 (1989). 6. What effect did the United States Supreme Court’s decision have on the Texas statute? The United States Supreme Court struck down the statute, stating it violated the First Amendment of the Constitution. Legislation enacts statutes.
Hayden Price 12/4/13 Poli Sci 2040 CASE BRIEF 10: Clinton v. Jones (1997) 1) Clinton v. Jones 2) 520 U.S. 681 3) Paula Corbin Jones, who was an Arkansas state employee, sued President Bill Clinton for sexually harassing her while Clinton was still the Governor of Arkansas. Her lawsuit sought more than half a million dollars in damages. Clinton insisted that the case be stayed, and resumed only after he had left office. He also insisted that Presidents could be sued for neither their official nor their unofficial actions while in office. In 1994 a lower federal court judge postponed the trail indefinitely and this postponement was appealed to the U.S. Supreme Court.
The Fifteenth Amendment in the U.S. constitution was ratified in 1870 on the third of February. The amendment forbids the denial of a U.S. citizen’s right to vote based on the grounds of someone’s race. The fifteenth amendment was put in place as a reconstruction amendment, one of three in the U.S. constitution. This amendment applies to both state and federal government, both are never to use any citizen’s racial profile, color of their skin, or history of being a slave affect their right to vote or not. During this ratification of the fifteenth amendment, any and all American citizens of the following states were considered free to vote with no racial requirements: North Carolina, New York, New Jersey, New Hampshire, and Massachusetts.
The Civil Rights Act of 1964 was the first endeavor to address an extensive variety of biased practices since the US Supreme Court proclaimed the Reconstruction-period Civil Rights Act of 1875 illegal. The prior Act was focused around the Fourteenth Amendment in Section 1 and 5 which abridges that all persons merit level with assurance of the laws; and the Congress should have force to implement, by fitting enactment, the procurements of this article (Deveaux, 2013). Cases prior to this case found that the Congress fail to offer the power under the Fourteenth Amendment to implement social liberties enactment against business and people, and because of this circumstance, private organizations are permitted to prohibit African-American people from access to open offices and different organizations. The choice in Civil Rights Cases seemed to strip the Legislative limb of a method for tending to disparities. In 1964, Congress attempted an alternate strategy, composition hostile to separation enactment that connected to non-government substances by summoning its powers under the Interstate Commerce Clause.