After Fields conviction had been overturned, The U.S. government decided to appeal Fields case. The Supreme court accepted the case. Fields attorneys are arguing that the Stolen Valor act is unconstitutional. Field attorneys argued that Fields cannot be convicted because he lied. The First amendment protects speech that does not directly harm others.
Marbury vs. Madison In Marbury vs. Madison, the Supreme Court, for the first time, struck down an act of Congress as unconstitutional. This was a landmark case that created the doctrine of judicial review and setup the Supreme Court as the chief interpreter of the Constitution. From then on, the Supreme Court of the has had the power to dictate the constitutionality and validity of the acts of both the Legislative and Executive branches. Ever since Chief Justice John Marshall finalized the decision that established the judicial review, it has set the stage for critical cases that were made like Roe vs. Wade and Brown vs. Board of Education. After being defeated by Thomas Jefferson in the 1800 Presidential Election, President Adams appointed many Federalist judges to fill government posts created by Congress.
Libel is a false statement that damages a person’s character or reputation by exposing that person to ridicule. In the New York Times v. Sullivan case, the New York Times printed an article about Alabama politicians harassing Dr. Martin Luther King, Jr. and L.B. Sullivan sued the newspaper for libel. Sullivan won in Alabama, but lost in the Supreme Court. To prove libel of a public official, the official must prove the defendant published information with the knowledge of its falsity or out of reckless disregard.
In 1969, Governor Ronald Reagan made what turned out to be one of the biggest mistakes of his political career, as seen in the eyes of many scholars and experts today. He signed the nation’s first no-fault divorce bill, ending what was our current fault-based divorce system. Prior to this bill, couples could only file for divorce on the grounds a fault, such as adultery or cruel or inhuman treatment. Sanford N. Katz, a Professor of Law at Boston College University who received his A.B. from Boston College and his J.B. from the University of Chicago, insisted that under the fault-divorce system, Americans were worse of than they are now.
This was the principle laid down in Pickin v British Railways Board . The jurisdiction of the courts is limited to interpreting and enforcing an act of Parliament. The duty of the courts is to enforce the laws passed by the Parliament. It cannot embark on an investigation as to whether correct Parliamentary procedure was adopted in enacting the law. Hence, this is to demonstrate the point that in a system of Parliamentary Democracy, the power is ultimately with the people who elected their representatives to Parliament to make laws that is in the interests of the people i.e.
In December 2005, the National Security Agency was accused of wiretapping into calls without having a warrant. The program was confirmed by President Bush and many other public officials who considered the taping legal. The American Civil Liberties Union pressed a lawsuit. ACLU states “A federal judge in Detroit found the program both unconstitutional and illegal.” Furthermore, the case was appealed and entered the U.S. Court of Appeals where the circuit overturned the ruling stating “the plaintiffs could not prove with certainty the NSA was wiretapping phones, but decided not to rule on the
He profited from that exhibit. Rogers sued Koons under the copyright law. The court rejected Koon’s defence, saying it was a fair form of parody. The court argued that Koon could have made the same statement without imitating Roger’s work. Koon had to pay compensation to Rodgers.
Virginia was another important case in the Movement. It was fought in 1967, and it regarded Virginia’s laws prohibiting interracial marriage. This was a huge step for civil equality, and was a landmark moment for the movement as a whole. The case was presented by Mildred Loving and Richard Loving, a mixed-race couple who were both sentenced to a year in prison for marrying each other, violating the Racial Integrity Act of 1924 in Virginia. The final decision in the Supreme Court was unanimous in deciding interracial marriage was unconstitutional and therefore overturned.
Albert Venn Dicey stated that “The principle of parliamentary sovereignty means neither more nor less than this: namely that parliament […] has under the English constitution the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having the right to override or set aside the legislation of Parliament. […] The principle of parliamentary sovereignty may, looked at from its positive side, be thus described: Any Act of Parliament, or any part of an Act of Parliament, which makes new law, or repeals or modifies an existing law, will be obeyed by the courts. The same principle, looked at from its negative side, may be thus stated: There is no person or body of persons who can, under the English constitution, make rules which override or derogate from an Act of Parliament, or
The extent of the encroachment on matters beyond its competence may be an element in determining whether the legislation is colourable: whether in the guise of making a law on a matter within its competence, the legislature is, in truth, making a law on a subject beyond its competence. However, where that is not the position, the fact of encroachment does not affect the vires of the law even as regards the area of encroachment. The first task in the pith and substance analysis is to determine the pith and substance or essential character of the