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Supreme court cases
Supreme court cases
Us history constitution chapter 5
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The lecture began with Dr. White, giving a brief history of the Constitution, and the reason Constitution Day is celebrated at universities across the nation. Dr. Natalie Johnson later started the lecture by reminding the audience of three recent Supreme Court cases between the years of 2014-2015. She mentioned that all three cases had a central idea of “sex and religion” in the 21st century, and recently needed interpretation of the Constitution in order to reach a decision. Those cases were Obergfell v. Hodges, Elonis v. United States, and the Equal Employment Opportunity Commission v. Abercrombie & Fitch. Dr. Johnson explained that all three cases were prime examples of modern day interpretations of sex and religion within the boundaries …show more content…
of the Constitution. It was very obvious that the central theme of the lecture was living constitutionalism. When looking at all three cases, it was clear to see that issues of defining marriage, freedom of speech and religious rights have not been clearly defined by our founding fathers when they wrote the Constitution.
According to Dr. Johnson, in present day it is left up to the nine justices of the Court to interpret what the Constitution means, what can be implied from the Constitution, and what impact it has on the modern era. She explained throughout the lecture how important it was for the justices to interpret the constitution with an eye to modern day events. For example, Obergfall v. Hodges, a new landmark case that gave same-sex couples the right to marry under the equal protection clause of the 14th Amendment, was granted by the Court interpreting the equal protection clause for a modern day event. Johnson explained that in order for the justices of the Court to come to a 5-4 decision, they first had to figure out how can the 14th amendment that was originally designed for former slaves, apply to same-sex marriage. This helped proved her point that sex in the 21st century is totally different from when the Constitution was first written, and in present day Congress and the Court sometimes have to show judicial activism. Marriage is originally defined between a man and a woman, but as the 21st century has evolved we know can define marriage between two men or two women. Johnson later argued that case now also brings the ground breaking to defining marriage in other
ways, but it is a start to “updating” the unknown or undefined rights of citizens under the Constitution. The other two case were also used as examples to further explain why the Courts have recently shown progression in ensuring that sex and religion is refined in the modern era to protect to the new population. Johnson’s lecture helped me understand that, yes the Constitution is the supreme law of land, but it can only remain supreme if it continues to protect the people of the United States. I walked away from her lecture with the understanding, that growth and change is good in politics if there are supporting facts. The original Constitution was ratified almost 220 years ago, and if it is not interpreted to fit the present day issues, how will can it remain supreme? This question is simply answered by having the Supreme Court continue to interpret the Constitution regarding issues like sex and religion, the death penalty, education and race. In words of Justice Kennedy, “there has been enough debate by states now it’s for the courts to decide.” Which in my opinion simply means, enough with debating if such actions can be legal, let the courts reexamine the Constitution, see what can be done to protect the people. Overall, I can honestly say I enjoyed Constitution Day!
Both of these cases show the reader that the exact meaning of the lines in the Constitution that read "All men are
And it is a downright mockery to talk to women of their enjoyment of the blessings of liberty while they are denied the use of the only means of securing them provided by this democratic-republican government—the ballot.” (Anthony 182). This speech was meant to kindle the flame of the women’s right movement for the citizens of the United States more accurately “Friends and fellow citizens…. Hence, every discrimination against women in the constitutions and laws of the several states is today null and void” (Anthony 181-182). She uses much logos, unlike Chief Joseph, stating the constitution and supporting it with “It was we, the people; not we, the white male citizens; nor yet we, the male citizens; but
Back in the Liberace v. Thorson case many things were left unanswered. This showed the flaws and faults with same sex court proceedings. It showed how there were so many doubts present when going about same sex palimony litigations. The results of the palimony barely gave Thorson any of the money he originally sued for. With no job and a drug addiction he was out of money fast. The results of the case are remembered today as a dramatic case with Thorson being left as a drug addict. This court case affected the world because it was one of the first court cases highlighting the issues with same sex equality in
The “Don’t Ask Don’t Tell” Marriage repeal just shows how apparent and real the ideals of these movements are to Americans to this day. These documents touch on important topics that a lot of Americans have a hard time understanding. Both the Civil Rights movement and Feminist Movement connect to mainstream liberalism, share parallel goals or differences, progressed in the 1970s, and still have an influence on American’s views to this day. Equal rights, among all, is still something America is struggling with after about 50 years. There is no denying though, that the movements during the 60’s and 70’s molded the lives of future generations in the way that American’s view each other as human beings.
The Articles of Confederation was America’s first constitution. The Articles of Confederation failed to create a strong central government, however. With the demise of the states in sight, the need for a stronger and more structured central government became apparent. An invitation was sent to all thirteen states in February 1787 by the Confederation Congress to resolve the matter. The events that took place over the next several months would create the United States Constitution. Going down in history as a revolutionary form of government, the U.S. Constitution would give life to a country that is still running strong over 200 years later.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
The supporters of the Equal Rights Amendment seem to feel sex discrimination laws are simply not enough. The federal laws and regulations contain many loopholes, are inconsistently interpreted and may be repealed outright (NOW 1). Many supporters claim the Equal Rights Amendment is needed "to clarify law for the lower courts, whose decisions still reflect confusion and inconsistency about how to deal with sex discrimination claims (Francis 2). There is a supporting theory argument that "an amendment of equality would absolutely shift the burden away ...
Women’s equality has made huge advancements in the United States in the past decade. One of the most influential persons to the movement has been a woman named Ruth Bader Ginsburg. Ruth faced gender discrimination many times throughout her career and worked hard to ensure that discrimination based on a person’s gender would be eliminated for future generations. Ginsburg not only worked to fight for women’s equality but fought for the rights of men, as well, in order to show that equality was a human right’s issue and not just a problem that women faced. Though she faced hardships and discrimination, Ruth never stopped working and, thanks to her equality, is a much closer reality than it was fifty years ago.
Even to this day, women have not reached maximum equality, but the landmark Supreme Court case Roe v. Wade has helped the women’s equality movement drastically take a step in the right direction. Prior to the case, women had their rights very limited and restricted. Everyone was and still is entitled to their basic rights, however pregnant women were not. Their first, fourth, fifth, ninth, and fourteenth amendment rights were violated and were not addressed until Jane Roe testified in court. The decision made by the court still has a lasting impact even to this day. The landmark Supreme Court case Roe v. Wade was not just a win for Jane Roe, but a win for all women as it helped break the barrier that surrounded women’s equality.
I’m going to write about how cases of the past have massively affected our lives today and how we do and say things. A major issue we have faced and are still facing is the controversy of religion and how it affects our everyday lives and children. I have chosen to discuss a large and notorious US Supreme Court case that was heard originally in 1960 in Hyde Park, New York.
Waldrep, C. The Use and Abuse of the Law: Public Opinion and United Methodist Church Trials of Ministers Performing Same-Sex Union Ceremonies. Law and History Review, 30, 953-1005.
Upon the opening words of the Constitution, "We the People do ordain and establish this Constitution for the United States of America," one must ask, who are these people? While the American Constitution provided its citizens with individual rights, many members were excluded. Elite framers manipulated the idea of a constitution in order to protect their economic interests and the interests of their fellow white land and slave owning men' by restricting the voices of women, slaves, indentured servants and others. Therefore, the Constitution cannot truly be considered a "democratic document." However, because it is a live document, malleable and controllably changeable according to the interest of congress, it has enabled us to make reforms overtime. Such reforms that have greatly impacted America, making us the free, independent nation that we are today.
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
In creating the Constitution, the states had several different reactions, including a rather defensive reaction, but also an understanding reaction. As a document that provided the laws of the land and the rights of its people. It directs its attention to the many problems in this country; it offered quite a challenge because the document lent itself to several views and interpretations, depending upon the individual reading it. It is clear that the founders’ perspectives as white, wealthy or elite class, American citizens would play a role in the creation and implementation of The Constitution.
On June 26th of this year, a historic ruling was made in the Supreme Court of the United States that would grant constitutional rights to same-sex marriages. Supreme Court Justice Anthony M. Kennedy, one of the authors of the historic ruling, was quoted in his reaction to the voting; “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.” (De Vogue & Diamond, 2015, para. 4) The victory for same-sex marriage opened up the debate for other non-traditional unions, such as polygamy. Supporters argue that if marriage is a fundamental right, then parties of two or more consenting adults should be afforded the same opportunity. Polygamy has held a controversial place in both