They decided to take their case even further and took it to the United States Supreme Court, hoping to overturn the previous cases that were held at the state level. “We feel that we have a strong case. Arkansas Times is being discriminated against and the state isn’t treating it the same as they are other magazines and newspapers from Arkansas,” the attorney for Arkansas Times told the press before walking into the final hearing. “It’s a discriminatory tax and violates the first amendment.” The United States Supreme Court reversed the order from the Arkansas Supreme Court, finding in favor of the magazine. The court felt that the government was discriminating against Arkansas Times based upon their content, which goes against the First Amendment.
Not since the reconstruction period after the civil war had there been such a “significant statutory change in the relationship between the Federal and state governments” (ourdocuments.gov). Though the states power regarding their voting laws had been restricted by the federal government, recentness has given back said power to the states. As aforementioned, Section 5 is no longer enforceable. But why? Section 4(b) was deemed unconstitutional in 2013 because of its “coverage formula” (civilrights.org), which used outdated methods to determine a states pre-clearance in Section 5.
Chapter 3 Article 3: Racial Bias Among Jurors at Heart of Supreme Court Case How does the Supreme Court work and what is it made up of? These questions asked every day by some who do not have a full understanding of how the United States court system works. According to chapter three of the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, and Jonathon Kingsbury the United Sates Supreme Court is the last and final word (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 59). Meaning that if the Supreme Court reaches a ruling it is set in stone and no other judicial or political person or group can overturn the decision (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 59). Nowhere in the article was it stated
Because of her functions as a protagonist in the novel, they stayed together through the rough times. Since she was able to stand up against many of the men in her life, be in charge of making the families decisions of where and when to leave a certain area, and her overall love and protectiveness of her family, she caused her family to survive through whatever California threw at them. Throughout the novel, many tried to discourage the Joads to turn back because there was no good opportunity, but because Ma Joad became a more independent and strong person, she kept her family strong through the difficult times from finding jobs to Rose of Sharon's birth. Ma was a big reason the Joads were able to not only reach California but also stay together as a family despite the few losses along the way. Even though she wasn't the protagonist in the entire novel, she should still become an important aspect in the joads
However, that changed in 1994 when another wave of Cuban exiles arrived by boat. Following the Mariel Boat Wave Ronald Reagan criticized Carter for allowing the Mariel refugees into the United States (Gonzalez 113). This time, White America’s view on Cuban refugees shifted to match their views of refugees from the rest of Latin America. Concurrently, the political climate shifted as well and, according to Gonzalez, with the 1994 wave of Cuban refugees called balseros Bill Clinton ordered the first halt on special treatment of Cuban refugees in the United States’ history. Accordingly, U.S. officials would detain the balseros and, this time they would deny their entry (Gonzalez 108).
Joe Weiler Dr. Ripley College Reading and Writing 03/21/17 The Call-Out of the White Man: Rhetorical Analysis of Susan B. Anthony’s Speech After Being Convicted of Voting Susan B. Anthony was one of the biggest leaders of the women’s rights movement because many men during the 19th century believed that women were not strong or smart enough to vote in government elections which is why women were not granted suffrage until August 18th, 1920. In Anthony’s speech that she gave in 1872, after being accused of voting in the presidential election, she argues that all of American citizens should have the right to vote and not just the white man. Anthony’s speech made several logical, ethical and emotional appeals which is what made her empowering and memorable speech set the tone for the women’s rights movement for decades to come. In her speech, Anthony starts off by reciting the preamble of the Federal Constitution. She then adds,
Francis Paul Pucha in American Indian Treaties related how Indian treaties are in constant litigation, despite many of them are upheld by court decisions today. Despite recent Indian legal successes, shamefully the federal government wrote most, if not all, treaties without the best concerns for the Indians. While "treaty" implies a contract between sovereign nations, Indians were not always in a position of equal negotiators. The government demonstrated little intent to fulfill promises when force failed. During this same period three significant Supreme Court decisions (the Marshall Trilogy, 1823-1832) passed.
The vast power of the federal government has been on the rise, crippling the state’s authority. In the early 1800’s there have been cases where the Supreme Court has ruled, for the most part, in the federal government’s benefit. With the Legislative and Judicial Branches making up 2/3 of the federal government’s power, many could speculate the two powers are working to strengthen the federal government. However, the ruling was based off of Necessary and Proper Clause, where it is said that Congress (Legislative Branch) has the authority “to find the great powers, to lay and collect taxes; to borrow money; to regulate commerce; and to declare and conduct a war.” When the states interfere it causes the Judicial Branch to step in and decide what
The mayor Ray Nagin expressed his anger at what he claimed were lousy reinforcements provided by the President and the federal government. President Bush was criticized for not coming to Washington, D.C. from his vacation in Texas until after more a day after the hurricane made landfall. The president asked for a mandatory evacuation of New Orleans, and Nagin and Gov. Blanco decided to evacuate the city in response to that request. Governor Blanco told reporters the President had called and spoken with her before a press conference.
As aforementioned, the Supreme court’s decision to overrule Betts v. Brady resulted in a new trial for Gideon. The Supreme Court made a wise choice in overruling the Betts v. Brady decision, on account of it being too vague, would create more expensive problems in the future and a fair trial cannot be held if a defendant lacks counsel. The Betts v Brady over the years gain the special circumstances factors including youth, illiteracy, ignorance, mental illness, complex charges or judge and prosecutor behavior at the trial. This left the limitations open to interpretation by the state, this decision to leave flexibility appears to attempt to preserve state power on the issue. However, 25 states sent amici curiae briefs in support of Gideon’s right to counsel
He noted that Roach stood to lose thousands of dollars in costs if she lost her case against the Commonwealth. In an application filed with the High Court, Roach 's legal team argues that the bar on prisoners voting is contrary to section 7 and 24 of the constitution, which provide that Parliament shall be "directly chosen by the people". Before the Howard Government 's amendments, only prisoners serving sentences of more than five years were barred from
Connecticut is one of seven states that has banned the death penalty in the last decade (“31 States with the Death...”). In 2012, Governor Dannel Malloy 's signature finalized Connecticut 's abolition of the death penalty, which he claimed was due in part to the cost of the appellate process and low percentage of actualized executions (Arlosto). Malloy is quoted referring to his time as a prosecutor and learning that the justice system is imperfect; sometimes innocent people get convicted. In addition, Malloy considered the arbitrariness of the death penalty and determined it would be best if it were not implemented at all (Winter). In 2011, Illinois Governor Pat Quinn signed a bill that banned the death penalty and changed the
Also on that day, Fort San Miguel was capitulated and the British then moved to Fort San Carlos. General Jackson intended to capture Fort San Carlos the following day; however, the British destroyed the fort during the night and run away. On November 14, 1814, Andrew Jackson said to Willie Blount, “…Tremendous explosions told me that the Barancas with all its appendages was blown up…I determined to withdraw my troops, but before I did I had the pleasure to see the British depart.” Very few men were injured or killed in this squabble between the Americans and the British and Spanish. Although this battle was not a very serious one, some historians have said that it was very important in the United States winning the War of 1812. If General Jackson and his men had not run British out of Pensacola so quickly, the British may have had time to plan and take Mobile and possibly New Orleans as well.
So a manual recount was started. Bush decided to take the case to the Federal Supreme Court. Bush argued that the recount that was currently taking place was unconstitutional because it violated the equal protection clause of the fourteenth amendment. The court ruled 5 - 4 in favor of Bush and the manual recount was stopped. The votes that had been counted had closed the gap