This case has been brought before the Supreme Court of Tomania by a group of citizens who formerly received cash assistance from the our state’s government. Recently, this cash assistance program, aimed primarily at the poor, was terminated by a law that passed through the Senate and the Assembly, with the blessings of the Governor and Speaker of the Senate. Following this, the group of citizens previously mentioned brought a lawsuit against the new law, claiming that Tomania’s shelter system alone does not satisfy Article 17 of the State Constitution, which requires us to “care for the needy.” However, Article 17 is clearly ambiguous, and the government argues that their shelters are sufficient under the Constitution. This will be the first …show more content…
As a last line of defense between them and complete corruption and greed, we must rule that “care for the needy” includes more than just a shelter system, but cash assistance in order to provide the poor with the ability to maintain rent, provide for their children, and work towards some semblance of a stable life. To back up this argument, I will first lay out the facts of the case, as well as the relevant laws. Following this, I will explain the theory behind my decision, going into detail on legitimacy theory, and analyzing how it applies to this particular case. Finally, I will briefly discuss some opposing views before concluding with an examination of the implications that this decision will have on future court cases. While court officials may be appointed rather than elected, that does not exempt us from determining right from wrong, and when others in power fail to do so, it is our responsibility to step up and protect those without a …show more content…
This theory is concerned with the role that courts should play in a democratic society. More specifically, legitimacy theory supports the idea that courts have an obligation to protect minority groups that have little or no representation in the legislature. Here, not only are poor people not being represented by their elected officials, but they are being actively targeted out of greed lack of compassion. While we judges may not have been elected, in the face of such blatant corruption it is our duty to defend the people to the best of our ability, within the boundaries of what is allowed by the Constitution. And so, with Article 17 having been written in such an ambiguous manner, I am in agreement with the plaintiffs that its command to “care for the needy” should be interpreted more broadly than the Governor has determined with this new law. While a shelter system does provide some level of care, it is not enough to satisfy Article 17. Cash assistance is necessary to provide the least fortunate among us, families especially, with the ability to keep themselves and their children safe, healthy, and motivated to do all that they can to improve their situation. Pulling that safety net out from under them like this law has was a grossly immoral action on that part of our state legislature, leaving many citizens on the brink of eviction and fearful for their future. The
Shadrack Babwiriza Case Brief Writing Assignment Martin. J Littlefield Criminal Law 10/27/15 Buffalo State College I. Dennys Rodrigues, Petitioner v. United States II. 135 S. Ct. 1609; 191 L. Ed. 2d 492 III.
IV. Addressing the opposition A. Argument 1 The Plaintiff has argued that this regulation is in best interest for the public and provides security for the society as a whole. They want the regulation to be considered Constitutional because it was voted on by the majority and therefore, it is in the best interest of the community and should therefore be enacted. This argument does not speak to the constitutional issue of the case. The Supreme Court’s main objective is to protect individuals and minorities from oppressive government.
Majority holding In response to the question presented, the court answered in the affirmative. Betts v. Brady ultimately gets overruled. After Gideon v. Wainwright, the Supreme Court ruled that indigent (poor) criminal defendants have a right to a court-appointed
The people of the United States can depend on the President to fulfill his duties and exercise his power correctly, and laws will be obeyed, no matter what happens. All the influence of the previous cases rolled into the importance of this case, gaining the most attention and receiving the most action to resolve
With the essential background provided, Stern continued his article with an analysis of the Vega v. Tekoh decision and the potential consequences that could follow. Stern’s organization was logical and allowed the reader to follow the thought process behind his claims. An additional component of Stern’s article that increased the article's overall effectiveness was the use of context. Stern provided a well-contextualized examination of the supreme court's decision. The author speaks on the historical significance of the Miranda V. Arizona's case and the role it has played throughout history.
22 Sept. 2015 In this journal article, Bowers summarizes the 2012 Supreme Court case of Brown v. Plata and the rulings regarding the issue. The various background information, such as the the split opinions of the Supreme Court Justices, especially that of Justice Scalia (564). Bowers points out that the case came about when a California inmate sued because he did not receive the health care he needed. One of the major claims regarding the issue is that overcrowding was the root of the problem (556).
Ultimately, the judicial branch has to go back to what the founding fathers intended for the court’s purpose and to use the power accordingly. To maintain the strength of the branch, the courts must think about what is constitutionally right. Their decisions should reflect the amendments as well. “Judicial power plays an important role in the rule of law, even while it comes frequently into tension with norms of democratic rule” (Friedman & Delaney, 2011, p. 57, para. 1). This is the only way that citizens will feel like their rights are truly protected.
The content of the petition mainly reveals the tension and conflict between the government and citizens on tax issues in the early days of the founding of the country. This poses a major challenge to the authority of the newly formed government. Given the economic, social, and political conditions of the time, rural populations felt marginalized and opposed taxation, which many saw as an infringement on their personal freedom and an unfair burden. The importance of consultation and compensation in government decision-making processes was also emphasized, as failure to do so could lead to unrest and rebellion. At the same time, the government's insistence on collecting taxes without proper compensation and consultation with the people has fueled the anger and frustration of farmers who see the tax as a sign of government indifference to their
Anthony Zurcher, an editor for “Echo Chamber” published in BBCNews, wrote the article “Affluenza Defense: Rich Privileged, and Unaccountable” in response to a Texas judge’s ruling on a controversial case. This case was about a 16-year-old boy, Ethan Couch, who drove with a “blood-alcohol level three times above the legal limit” (283), lost control of his pick-up truck and killed four pedestrians. Couch’s lawyers argued that he lacked a sense of responsibility because of his absent, wealthy parents and the lavish lifestyle he lived. This argument led the judge to sentence Couch to a drug rehabilitation center, paid for by his parents, and 10 years probation. There are many other cases similar to Couch’s where the perpetrator would receive a
When people think of how government works, unless they’ve taken a government class, they usually think of Congress making laws and the President doing pretty much everything else. No one pays much attention to the Supreme Court unless there is a landmark case or something else to grab the news — like the recent death of Justice Antonin Scalia. But the Supreme Court does much more than you’d think regarding keeping the political machine running like a well-oiled … machine. Through not only interpretation of the law, but also judicial activism, the Supreme Court shows it can have as much influence over the laws of the land as either of the other branches of the federal government. In this paper, I will analyze the decision-making methods of the Court using the cases of Gideon v. Wainwright and Betts v. Brady.
The written story of how Clarence Earl Gideon, a poor Florida man, went from a convicted criminal to ultimately redefining legal history is astounding. The Supreme Court commonly dismisses more cases than it accepts and the fact that a handwritten petition from a prison inmate was accepted shows that even the seemingly most insignificant person can make a difference in our society. The book’s literature is highly legalistic but constantly provides a detailed account of how the judicial system is constructed. Coming from a regular college student standpoint with no previous formal law education, this makes the underlying concept easier to grasp. The story’s setting during the time of the Gideon case, showed how the legal system was constructed towards the growing concept of a defendant’s rights.
The Court’s effectiveness relies on the institutional capacities as well as the ruling’s popularity. When lower-court judges comply with Supreme Court decisions, rulings can have a substantial effect on social policies, as in the case
Poverty in Just Mercy “The true measure of our character is how we treat the poor, the disfavored, and the accused” (Stevenson 18). Thousands of people live in poverty and struggle every day with many of their basic needs. They struggle with being able to buy food, shelter, clothing, and access to medical care. People in poverty don’t have access to good legal support because they simply can’t afford it.
He explains that only when the legislature does not act in the best interest of its citizens or if they “endeavour to invade the property of the subject,” do the citizens have grounds for rebellion (). Following from the previous paragraph, when governments attempt to address inequality without the expressed consent of the governed, they may be dissolved. Focusing so singularly on the protection of property and therefore the protection of inequality will directly contrast with
In conclusion, where are the state funds to assist the homeless? Why are just focusing on the people who are violating the rules and regulations in the society, not on those who indeed need help and want help. The state should build in involvement and work with the county; the numbers of the homeless could come down and maybe help them find jobs and homes, which they can call their