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Equal protection clause essays
Implications of equal protection
Supreme court cases quiz
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Baker v. Carr (1962) set historical precedent when the Supreme Court decided that they had the right to review redistribution issues, thereby granting such cases justiciability. This comes after the Court had refused to intervene in appointment cases in Colegrove v. Green (1946) under the rationale that Article I, section IV of the U.S. Constitution allowed only Congress to do so. A conflict that arose when the Court took this case was whether Tennessee’s redistribution held political questions, which would make the case unjustifiable. Brennan explained that this wasn’t the case, citing previous cases in which the Court had intervened to correct constitutional violations at the state level. Brennan furthered that the equal protection clause,
Matthew G. Cowman, Separation of judicial power: Brandy v Human Rights and Equal Opportunity Commission, Deakin Law Review 119
Although, there might be other significant legal issues surrounding the cases, I would like to describe the Scottsboro cases mainly focusing on the issues of effective counsel based on Carter’s (1979) book and U.S. Supreme Court’s rulings on Powell v. Alabama. Prior to pointing out the rulings on the right to effective counsel which ultimately reversed the case, the lower courts’ decisions and related circumstances need to be discussed briefly in order to comprehend the rationale of the nine justices’ opinions.
Evaluation. In this particular case, the justices continued to follow the trend of other cases that questioned the equal protection clause before it. The court admitted Sweatt to the University of Texas law school because of unequal opportunities in the Negro facility. This case drew closer to ridding the nation of " separate but equal,"sated in the 14th amendment.
...gain ruled in favor of the Establishment Clause. These cases include Murray v. Baltimore School Board, Epperson v. Arkansas, and Stone v. Graham. It also set the grounds for the case, Lemon v. Kurtzman, which set up the “Lemon Test” for deciding if a religious function is Constitutional or not.
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
The impact left in this case, Jackson vs. Board of Education (2005), has been an issue that?s gone on for decades. It is a more recent encounter that shows it still exists in modern day. In Davis v. Monroe County Board of Education (1999) and Franklin v. Gwinnett County Public Schools (1992) these cases both enforce Title IX of the Education Amendments of 1972 such as Jackson vs. Board of Education (2005). Rights to equal protection began in Brown vs. Board of Education (1954). This case left a huge impact on equal rights against sexual discrimination, discussing the importance of the 14th
Examples of this include the Supreme Court’s ruling on National League of Cities v Usery in 1976, where it was disputed whether the national government had the authority to set a minimum wage standard for the states to follow, in this particular case’s ruling, the Supreme Court decided no, the national government did not have the right to do so. Nine years later the Supreme overturned this previous ruling in the case of Garcia v San Antonio Metro Transit
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Bush’s representation questioned that, Does recounts in Florida violate the Equal Protection Clause of the 14th amendment to the United States Constitution? Because all the votes were being counted unevenly, with standards varying from county to county, where recounts in counties where he could have majority were not being conducted. Bush Argued the decision went against the Constitution stating “nor shall any State…. Deny to any person within the equal protection of the laws.”
The court case of Edgewood ISD et al. v. Kirby et al., was a landmark court case that disputed the equality of Texas’ finance policy for public schools’ districts. Landmark court cases involve public rights and liberties which, the Texas Supreme Court decides whether an existing government law is constitutional. The outcome of the Texas Supreme Court ruling on landmark cases effects the lifestyle for all Texas citizens. In Edgewood ISD et al. v. Kirby et al., the Mexican American Legal Defense and Educational Funds organization (MALDEF) represented the lower-class people. (MALDEF) sued William Kirby, the commissioner of education, for unequal treatment towards lower income school districts. The organization claimed Kirby’s
Looking at past cases dealing with similar issues, Baker v. Carr is a an example that shows how redistricting was looked at as a justiciable issue by the Supreme court, prior to Gomillion v. Lightfoot. The Supreme Court had usually left redistricting as a matter that should dealt with by the states and congress. This can also be seen in Colegrove v. Green, in which Justice Frankfurter declined to involve the Court in the districting process arguing that the political nature of apportionment disallowed judicial intervention.
doctrine of separate but equal that allowed states for the first time to legally segregate
With tensions at an all time high and the nation at a potential breaking point, the decision in the Dred Scott Case came as a surprise to both the North and the South. The decision had drastic consequences, southern principles were validated while northern liberties were threatened. Therefore it is not surprising that The New York Herald and The Charleston Mercury had very different view points and reporting styles. The northern newspaper viewed the decision’s impact as having “tremendous consequences,” the article included how the Supreme Court’s ruling dismantled northern states’ rights, threatened their liberty and state constitutions. While the southern newspaper saw the decision as a “triumph” for southern rights, likely because it granted and validated property rights, and limited Congress’ political debates over slavery. The Federal government could no longer meddle in state affairs and ended the need for compromises between anti and pro-slavery states. Although the North and the South had very different opinions on the decision’s impact, one thing was clear this decision was not the end of the agitation between anti and pro-slavery states. Political agitations prior to the Dred Scott case influenced how this dynamic decision was viewed and reported in The New York Herald, “The Decision of the Supreme Court in the Dred Scott Case, and Its Tremendous Consequences” and in The Charleston Mercury, “The Dred Scott Case-The Supreme Court on the Rights of the South”.
Overall, the ruling in this case was a perfect interpretation of the Constitution. Despite opposition claiming that it is not addressed in the Constitution, too few rights are ever addressed in the Constitution of the United States. That is why there is a thing called Judicial Review. By utilizing judicial review, the interpreters of the law –Supreme Court, may make changes to policies and laws. Abortion, medicinal marijuana, and marriage fall under the umbrella of Equal Protection since they correspond to the rights and liberties of US citizens.
One of the main arguments in the Bush V. Gore case was that the Florida vote recount was unconstitutional according to the 14th Amendment’s Equal Protection Clause (Oyez.org). The Equal Protection Clause states that “no state shall deny to any person within its jurisdiction the equal p...