Miranda rights warnings have been a staple of law enforcement since. Roe v. Wade, 1973, is a case that still causes anger to this day. This ruling provides the ability of choice to women in the matter of abortion. There are numerous other cases to discuss, but I wish to cover one more. Texas v. Johnson, 1989, established desecration of the United States flag as free speech. These landmark cases can be used in the future to argue that the Supreme Court had already heard a case similar and make a decision at a lower level court. This leads me into Federalism. Federalism is when two governments share authority over the same land. For instance, the state of Texas has the power to require driver’s licenses, establish open carry, concealed carry,
Williamson v. City of Houston, 148 F. 3d 462, Court of Appeals, 5th Circuit (1998) Facts: Linda Williamson worked as a police officer in a specialized division in the Houston Police Department. Williamson alleged a coworker, Doug McLeod, engaged in harassing behavior that created a hostile work environment for eighteen months. McLeod continued the harassing behavior after she told him it was offensive and to stop. Williamson reported McLeod’s harassment to their supervisor, Sergeant Bozeman.
In U.S. v. Jones, Antoine Jones owned a popular nightclub in the District of Columbia. As the police department and FBI had reasonable suspicion to believe that cocaine trafficking was taking place in the club, law enforcement enabled strict surveillance. The strict surveillance consisted of cameras around the nightclub, officers obtained a warrant to implement device to register phone numbers of anyone calling Jones or calls Jones made and installed a wiretapping device. In addition, the officers installed a GPS tracking device in Jones vehicle, to install this device the officers had to obtained a warrant that allowed the GPS to be installed for ten days in the District of Columbia. However, as the car traveled to Maryland the officers changed
Texas v. Torres This case is different than most of our other cases involving the death penalty. Here we have two men who have been sentenced to death (Torres, who held the victim down & Dempsey, who pulled the trigger). Torres spent this tragic night with two friends, Rogelio Hernandez and Stuart Dempsey. The record shows that Torres and friends had been drinking and using methamphetamines.
Mapp v. Ohio Throughout the last 70 years, there have been many cases that the U.S. Supreme Court has decided upon leading to many advancements in the U.S. Constitution. Many of the cases have created laws that we still use today. In the case I chose, Dollree Mapp was convicted of possessing obscene materials, four little pamphlets, a couple of photos, and a little pencil doodle, after an illegal police search of her home for a suspected bomber. No suspect was found, but she was arrested.
This case known as Ableman v. Booth, 62 U.S. 514 (1859). This case had to deal with Wisconsin blocking federal authority to uphold federal law. It dealt with the ability of federal authorities to arrest and detain a gentleman by the name of Booth for helping a federal prisoner escape. The battle was between the Wisconsin Supreme court, which found the law to be unconstitutional and the United States Supreme Court ruling that it was constitutional.
In the case of Moore v. Texas, “the Supreme Court will face the question of whether it is a violation of the Eighth Amendment to use outdated medical standards in assessing intellectual disabilities to determine whether an individual may be executed.” This really stood out to me, to think that he committed the act of a murder in 1980, when he took the life of a grocery store clerk and they are questioning if he should face the consequences that he was given. In my opinion if you chose to take the life of any individual you must pay for your actions, I feel that many people use “intellectual disability” as a way to avoid being put to death. I do agree many people have mental sickness such as “schizophrenia, bipolar disorders etc” but if you
Fisher v. Texas “Universities all over the country are breathing a sigh of relief,” Sherrilyn Ifill ("Fisher v. University of Texas”). The final decision of the court case Fisher v. Texas, ruled against student Abigail Fisher; rejecting her opinion that colleges taking in consideration of race as a factor of acceptances is a violation of the Equal Protection Clause in the 14th Amendment ("Fisher v University of Texas Syllabus”). This means that, when deciding among a pool of qualified applicants, a university can consider an applicant’s race, along with his or her test scores, grades, such things as extracurricular activities, athletic or musical ability, and special achievements outside school. Miss Fisher filed a suit after being outraged that she was declined by the color of her skin ("Fisher v. University of Texas”).
“Shipp”). He was taken outside to the chants of the rest of the mob and was then marched to the Tennessee River, where he was thrown in (Pfeifer, “Historic”; “Shipp”). After waiting a couple minutes, Johnson was pulled up (Pfeifer, “Historic”). There were signs of life from Johnson, so the mob shot him (Pfeifer, “Historic”). His last words were: “God bless you all.
Johnson, a former senator from Tennessee who had remained loyal to the Union during the war, was a firm supporter of states’ rights and believed the federal government had no say in issues such as voting requirements at the state level. Under his Presidential Reconstruction, which began in May 1865, the former Confederate states were required to uphold the abolition of slavery (made official by the 13th Amendment to the Constitution), swear loyalty to the Union and pay off their war debt. Beyond those limitations, the states and their ruling class (traditionally dominated by white planters) were given a relatively free hand in rebuilding their own governments.
In Browns second case the courts overruled the Plessy v Ferguson in the matters of public schools. It was then put into action by the Courts that the states must integrate their
Ferguson, Scott vs. Sanford, and Plessy vs. Ferguson guarantee that the black community will fight for their rights when the time comes. Many of these cases started off as small tests of the law like sitting in the wrong racial compartment or just straight up starting a court case to fight for equality. Along with leading to the civil rights movement some of the cases were also the most notorious. “Our lives begin to end the day we become silent about things that matter.” -Martin
A significant ruling that established the constitutional rights of criminal defendants was Miranda v. Arizona. The criminal law and procedure in the United States have been significantly impacted by this case. This event occurred in Phoenix, Arizona in 1996 and lasted from February 28 to June 13, 1966. This lawsuit was brought before the Arizona State Superior Court. Arizona is the defendant in this lawsuit, and Miranda is the plaintiff.
Madison (1803). It established that the Constitution was the supreme law of the land, and that no law may be able to contradict with the Constitution. Furthermore, it deemed the congressional law in question unconstitutional. The overall significance of the case would be that a “legislative act contrary to the Constitution is not law, all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and it is the province and duty of the judicial department to say what the law is (Woll
In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.
This was based on the “due process clause of the Fourteenth Amendment” in the US Constitution. “The Supreme Court ruling said that Council was ‘ fundamental’ to due process in cases of this seriousness, whether in a state or federal court.” This decision had a major impact on the American system of laws. For the first time, the right to counsel was established for state and federal courts. However, Alabama decided to be a sore loser and re-prosecuted the Scottsboro case even though there was enough evidence to dismiss the case.