The event that took place over two hundred years ago, but still has an effect in our government today is the Marbury v. Madison court case. This supreme court case is considered to be one of the most important milestones in history because of how it played out. Now, all three branches of the United States government have an equal role to each other. Although Chief Justice John Marshall did not want to rule against William Marbury receiving his commission for his position as a justice of the peace, he did so to establish judicial review, the element that was missing in the system of checks and balances. It all began when Thomas Jefferson of the Democratic-Republican party defeated John Adams of the Federalists in the election of 1800.
The fight for reproductive and family privacy in the United States began in 1964 with Griswold v. Connecticut. The appellants in this case-the Executive Director of the Planned Parenthood League of Connecticut Estelle Griswold and the Planned Parenthood 's Medical Director Dr. Lee Buxton-were arrested for giving "information, instruction, and medical advice to married persons as to the means of preventing conception" (Griswold v. Connecticut). The outcome of this case has allowed for the protection of a number of important rights, including the right to terminate a pregnancy, the right to participate in same-sex relationships, and the right to choose how one 's children are raised ("50 Years After"). In Connecticut from 1958 to 1965, it was a criminal offense for any person to use a drug or other article to prevent
On November 21, 1973, Troy Leon Gregg and his companion robbed and murdered Fred Edward Simmons and Bob Durwood Moore, two innocent people who were giving them rides. Gregg was convicted for his actions and was given the death penalty. He argued that the sentence was violating his eighth amendment which is “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Const. amend. VIII.)
On October 31, 1968, in Cleveland, Ohio a Cleveland police officer, named Martin McFadden, saw three men acting suspiciously around a jewelry store, which he believed they were casing a job. The officer, McFadden, walked up to three men and asked a few questions; afterwards, he proceeded to stop and frisk them. McFadden found a pistol in John Terry’s pocket, a revolver in Richard Chilton’s pocket and nothing was found on Carl Katz. The officer arrested Terry and Chilton for carrying concealed weapons and Carl Katz was sent free. Terry was convicted and sentenced to three years in jail.
The following essay will outline the variances of two case” Illinois v. Gates and Spinelli v. United States. It will discuss the Supreme Court requires to establish probable cause for a warrant. Illinois v. Gates In Illinois v. Gates, law enforcement received a letter (that was anonymous) stating that the Gate family was in the drug transporting business, and operating between the states of Florida and Illinois. Upon investigation, law enforcement discovered that Gates had made the purchase of an Air Line ticket, traveling to Florida.
The police actions were unjustifiable and unwarranted in this situation. In the court care of Tennessee v. Garner, the Supreme Court ruled that, “deadly force may not be used unless there is a reasonable cause to believe there is a significant threat of death or serious physical injury to the officer or others exists” (Hendrix, 2013, page 194). The use of physical force should not be used in the manner of vindictiveness, retaliation, or punishment purposes. This display of action is unprofessional and is against the code of conduct. The suspect’s actions of getting out of her vehicle warranted the use of force, because she approached the officer in a threating manner.
As Holmes had stated there are other forms that are not protected which are known as lewd, obscene, profane, libelous, and insulting words. The case Chaplinsky v New Hampshire in 1942 determined that fighting words and other forms of speech are not protected by the First Amendment. Chaplinsky had argued that the New Hampshire law violated his Fourteenth Amendment which prohibits states from infringing on citizens’ fundamental freedoms and as a result, kept him from exercising his First Amendment rights of free speech. While states are not allowed to inhibit expression of ideas, the Court did not convict him for the expression of his ideas but because his words (calling religion a ‘racket’ and a city marshal ‘damned racketeer’ and ‘damned fascist’)
On August 4, 1961 Clarence Earl Gideon was arrested for stealing money and drinks from a pool house in Florida. When he was arrested he was tried for his crimes. The 6th amendment states that if a defendant is too poor to provide a lawyer than he should be provided one by the Court, but Gideon was not given a lawyer. He was not given a lawyer because it says in the Florida law that lawyers are only provided in big felonies, not misdemeanors. So Gideon should have been provided a lawyer and was not.
Facts: In March of 2007 the plaintiffs began construction on a new home, which was financed through First Tennessee Bank as a construction loan. The plaintiffs claim that they entered into a verbal contract with First Tennessee Bank, which stated that the bank would refinance their construction loan at the end of its term to permanent financing. Upon completion of the construction loan the bank declined to provide permanent financing to the plaintiff, thus causing (along with a few other factors) the plaintiffs to go into foreclosure and further more bankruptcy. Five years later (2012) the plaintiffs filed a suit against First Tennessee Bank for breach of contract.
(The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated-Staros). Students have many rights; but, it is the right of the school to search students when there is reasonable suspicion of a threat. An example of this is the court case TLO v New Jersey. " T.L.O. was a high school student. School officials searched her purse suspecting she had cigarettes.
Klopfer vs North Carolina In 1967, Peter Klopfer, was an African-American biology professor at the University of Duke in North Carolina. One evening, he was present at a nonviolent sit in; which lead to his arrest later on for trespassing. This incident lead him all the way to the U.S. Supreme Court on March 13.