Supreme Court of the United States Essays

  • Supreme Court Law Pros And Cons

    3225 Words  | 13 Pages

    about the functions and characteristics of the Supreme Court of the United States and the Conseil Constitutionnel of France – in the context of their respective systems of civil, criminal, administrative and constitutional adjudication – I will discuss the relative strengths and weaknesses of each system in offering meaningful remedies for possible violations of constitutionally protected individual rights from the frame of reference of a United States law student. As a Founding Father, I plan to adopt

  • Comparative Public Law Case Study

    6956 Words  | 28 Pages

    Supreme Court, on May 18, 1896, by a seven-to-one majority (one justice did not participate), advanced the controversial “separate but equal” doctrine for assessing the constitutionality of racial segregation laws. Plessy v. Ferguson was the first major inquiry into the meaning of the Fourteenth Amendment’s (1868) equal-protection clause, which prohibits the states from denying “equal protection of the laws” to any person within their

  • Gideon V. Wainwright Case Study

    947 Words  | 4 Pages

    case for the Supreme Court; it guaranteed the same kind of fair trial in state courts as was expected in federal courts. In 1961 Clarence Gideon was denied an attorney in a state court and he appealed to the Supreme Court arguing this was violating his constitutional right to a fair trial. This was going against a previous decision by a Federal Court of Appeals in 1941. The Supreme Court accepted Gideon's petition and reviewed the decision of the Court of Appeals. In 1963 the Supreme Court decided in

  • Pros And Cons Of Exclusionary Rule

    966 Words  | 4 Pages

    The Exclusionary rule in the United States constitutional law simply states that any evidence taken from people with forced, shall not be allowed in court. Any evidence taken in an illegal search and seizure may not be used in court. The United State Supreme Court in conjunction with maintain the sole of the Constitution uses a combination of the fourth, fifth, sixth and even the fourteenth amendment to keep true the heart of “good faith" and the “fruit of the poisonous tree" or the exclusionary

  • The Hierarchical Structure Of The Federal Court System

    1609 Words  | 7 Pages

    Hierarchical Structure The Federal Court System The Federal Court system in the United States consists of The Supreme Court, The Circuit Courts of Appeals, and The District Courts. Article III, Section I of The United States Constitution created The Supreme Court and granted congress the authority to create the lower federal courts. The Supreme Court is the highest court in The United States and is often referred to as the “court of last resort”, because no court can overrule their decisions. They

  • History Of Judicial Review

    1462 Words  | 6 Pages

    judicial review process has been started first from Britain.Further based on this foundation, Indian Courts built control mechanism superstructure. The entire

  • Gong Lum V. Rice Case Study

    1170 Words  | 5 Pages

    Marina Vinnichenko Term Paper: Court Case Gong Lum v. Rice Gong Lum v. Rice (1927) stands out as the case within which the U.S. Supreme Court explicitly extended the pernicious doctrine of “separate but equal”. In this case the issue was whether the state of Mississippi was required to provide a Chinese citizen equal protection of the law under the Fourteenth Amendment when he was taxed to pay for public education but was forced to send his daughter to a school for children of color. Mаrtha Lum

  • Gerrymandering Literature Review

    756 Words  | 4 Pages

    procedures that states have taken in order to ameliorate the problems that arise from gerrymandering. A. Constitutionality & Legal Background The Pennsylvania State Constitution contains relevant clauses that must be applied to any redistricting plan. These are important

  • Brumfield V. Cain Case Study

    737 Words  | 3 Pages

    the petitioner, wants the United States Supreme Court to review a decision by the United States Court of Appeals for the 5th Circuit. Facts: Kevan Brumfield was convicted of murder of Betty Smothers, and was sentenced to death by a Louisiana court. This court decision was made before ruling that the 8th Amendment prohibits execution of the intellectually disabled under Atkins v. Virginia. Using the Atkins Mandate, in State v. Williams (2001), the Louisiana Supreme Court decided a hearing must take

  • Strict Constructionism Vs Same Sex Justice

    1064 Words  | 5 Pages

    The justices of the Supreme Court of the United States have the choice of following one of the two judicial philosophies when ruling on federal cases. Some justices prefer the philosophy of judicial activism which allows for the justices to go beyond the printed words of the constitution when interpreting the amendments and their meanings to allow them to slightly use their personal views of right and wrong. This is used in many major cases involving civil rights to conform to the times of change

  • Importance Of Separation Of Powers

    998 Words  | 4 Pages

    not gain entire power of the government; instead it should be separated or divided in some way to prevent the abuse of powers. In the Spirit of Laws, he further explained that oppression and tyranny is inevitable if one person performed two or more state functions. Therefore, overlapped of functions will be prohibited such as judges are not allow to make legislation, nor the legislative should not judge. Equal statues should be given to legislative, executive and judicial branches so each could control

  • The Importance Of The Sixth Amendment

    1009 Words  | 5 Pages

    The Sixth Amendment is part of the United States Bill of Rights and its clauses are related to criminal prosecutions. It states that every defendant has the right of speedy and public trial, impartial jury, to be confronted with the witnesses against him and to choose such in his favor and to have the aid of a layer in his defense. The right to an attorney’s assistance has been focused on two main issues throughout its development – the right to counsel and the right to an effective counsel. When

  • The Pros And Cons Of Article III

    779 Words  | 4 Pages

    USA with impartiality. Article III also states that federal judges can only be removed through impeachment by the House of Representatives and conviction by the US Senate for “treason, bribery or other high crimes or misdemeanours”. Short of removal, federal judges can be disciplined for violations of the Code of Conduct for United States Judges- a set of ethical principles and guidelines adopted by the Judicial Conference of the United States. Most states have adopted the Model Code of Judicial

  • Brown V. Board Of Education: Supreme Court Case

    960 Words  | 4 Pages

    v. Board of Education The Brown v. Board of Education Supreme Court case was a very important case for Americans. This case was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional. The U.S. Supreme Court's decision in this court case changed majorly the history of race relations in the United States. On May 17, 1954, the Court got rid of constitutional sanctions for segregation by

  • Freedom Of Speech Analysis

    1197 Words  | 5 Pages

    The Supreme Court has been entrusted with the task of interpreting the Constitution of the United States. In the First Amendment of the Constitution, freedom of speech serves as the foundational liberty which is the cornerstone to the practice of democracy. Commencing at the early part of the twentieth century cases such as Schenck v. United States, Debs v. United States, Abrams v United States, Whitney v. California, and Dennis v. United States, paved the way for the Court to set the legal standard

  • Essay On The 14th Amendment

    867 Words  | 4 Pages

    federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states. This document drastically changed the perception of the citizens, showing that it protected the civil rights of whites and blacks.

  • Public Trust Doctrine

    2731 Words  | 11 Pages

    It has been extended in recent years, placing a duty on the state to hold environmental resources in trust for the benefit of the public. At its widest, it could be used by the courts as a tool to protect the environment from many kinds of degradation. In some countries, the doctrine has formed the basis of environmental policy legislation, allowing private rights of action by citizens for violations by the state (directly or indirectly) of the public trust

  • Roe V. Wade's Case Of Abortion

    1732 Words  | 7 Pages

    government interference. In 1973 the United States Supreme Court decided the case of Roe V. Wade. Jane Roe was a single mother trying to raise one child on a limited income. She was living in Dallas Texas when she became pregnant with another child. There were no medical issues that would have prevented her from carrying this child to full term. The lack of income and already having a child was her deciding factor. In March of 1970 Jane Roe filed suit against the state of Texas. She declared that the

  • First Amendment Limits

    1055 Words  | 5 Pages

    the protection of reputation or public safety sometimes conflict with First Amendment guarantees. Discuss the approaches that have been used by the Supreme Court to define the limits on expression. How have these approaches been applied in specific cases? Several restrictions have been formulated on expression. The first approach used by the Supreme Court is the Clear and Present Danger. It is a test under the Espionage Act in 1919. “Under that test, expression may be restricted if it would cause a

  • Components Of The Establishment Clause

    1182 Words  | 5 Pages

    the state-sponsored churches from the authority of the national government. During the era of the American Revolution and the founding of the United States, many of the state legislatures supported churches and other religious institutions. This resulted in many political inequalities, as well as religious violence and coercion among the State citizens. In 1786, Thomas Jefferson, a major proponent of separation between Church and State,