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An essay on right to privacy
An essay on right to privacy
Essay on privacy fundamental rights
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I believe that Mendoza’s credentials are superior to Harrison’s credentials. Mendoza’s credentials include being a member of the New York City Police Department from 1965 to 1976. He was the District Attorney of Brooklyn from 1976 to 1980, Assistant U.S. Attorney Eastern District, and a Federal District Judge, Eastern District. Meanwhile, Harrison went to Walnut Park Country Day School, Phillips Exeter, Princeton undergraduate, and Harvard Law School. He was a Rhodes Scholar and was the editor of the Harvard Law Review. Josh stated that he was the dean of Harvard Law School. He also clerked for Warren Berger. Mendoza attended P.S. 138 in Brooklyn and the City University of New York. Although Harrison has incredible credentials, attending extremely …show more content…
How and why? After listening to the “cream in the coffee” discussion, my position on Harrison’s warning against a Bill of Rights did not change. Sam received a call which led to the discovery that Harrison appeared to have been the author of an unsigned memo on privacy issues thirty years prior. Harrison stated to Bartlet, Sam, and Toby that Judges are bound to interpret the Constitution within the strict parameters of the text itself, and that the Constitution doesn 't provide for a right of privacy. Rights must emanate from the Constitution. Bartlet proceeded to ask Harrison hypothetical questions about the use of cream in coffee. Bartlet and Harrison agreed that no “free speech” argument could be made about cream in coffee. When Bartlet asked if Harrison would have an objection to the state of New Hampshire passing a law banning the use of cream in coffee, which would cost the votes of coffee drinkers everywhere, he replied that he would have a strong objection, but he would have no constitutional basis to strike down the law when the case is brought to the Supreme …show more content…
As stated in “How Far is a Judge Free in Rendering a Decision?”, there are “conflicting interests” in society. However, there are times when a Judge could be in doubt and cannot tell that society would have a must more just handle on the matter. I believe that public opinion should act as a backbone in the selection of a Supreme Court nominee, but should not dominate the process. Supreme Court Judges make decisions which affect society as a whole, especially particular groups of people. Society has a vast variety of opinions on a vast array of issues, ranging from abortion to gun control to war. However, some Americans may want a Judge to be on the Court because the Judge has the same opinion as them. They may not take the credentials and past experience of the Judge into consideration, allowing for them to be blinded by their own bias. Americans are also selfish in this sense, by wanting a Judge to serve on the Court because he or she shares the same opinion as them on a particular matter but fails to acknowledge how this opinion could affect the lives of millions. I also think that the Senate would confirm a nominee for a vacancy on the Court if public opinion was factored into the selection, rather than it just being the President’s
It is simple to be confused by the federal court judges and their decisions and how they go about them and how they are in their position. Personally, I always thought they were elected by the Supreme Court or someone or something higher than them. But I was very surprised to know that they were appointed (assigned a job or role to). This leaves the judges from having to go through a process of campaigning and running against others. Although by being unelected officials it has both pros and cons. Pros being, that they are trusted enough to handle cases that go to this point and being able to make a decision under the law to better the society. Cons being, if a federal court judge makes any misdemeanor or crime they have the ability to be impeached
Story, J. (1987). Commentaries on the Constitution of the United States. Durham, N.C.: Carolina Academic Press.
The question raised in the title of this paper is: Are the Bill of Rights, written well over 200 years ago, still relevant today? Of course, they are and probably even more so. To illustrate this fact, we will examine each of the ten amendments, rewrite each one using common everyday language of today, and if possible discuss why this was important in 1791 and why we may or may not need this document in writing today. In restating each amendment, I will try to write it as if it is a brand new document, which is a stretch to say the least. Without the struggle of the colonies through war and abuse by the English Monarchy, would one have the foresight to see how a government may take for granted the rights of its citizenry?
Justice Jackson's disagreement on the ruling of the Terminiello case is supported by many historical examples which demonstrate that freedom of speech is not an absolute right under the law. Although Terminiello had a right to exercise his right under the First Amendment, had the majority carefully considered this principle it should have rejected his claim. In this case, the majority's treatment of Terminiello's case skirted the real issue and did not benefit from true constitutional interpretation.
When learning about the reception of these resolutions by the constitutional convention, part of me isn’t surprised, given the prevailing views at the time; another part of me is shocked that these men can simply ignore the wrongs that have been so clearly laid out in front of them. It reminds me that we have wrongs that are allowed in today’s society, which may be more subtle, but no less important, and are ignored by our representatives.
Judicial Tyranny: The New Kings of America? Is a conglomeration of articles and short essays that attempts to expose the federal court’s relatively recent intrusion into our way of life by way of immoral legislative influence; made possible by presidents, congressmen, and apathetic voters who have relinquished their consent without contest. The author, Mark I. Sutherland and his associates believe that the Constitution’s system of checks and balances between the three branches of government has been usurped by an overreaching, immoral federal court system. The book explores how Judges have been influencing and shaping social and political policy for years by legislating from the judicial bench. In short, Americans have exchanged the rule of law for the rule by the judges. However, it does a poor job in addressing other major issues concerning the federal court system as a whole.
views as to whether or not Judicial review, and the Supreme Court as a whole,
Rehnquist, William H., Brennan, William J. "A Casebook on the Law and Society: What Rights
I think that it is important to remember that the framers were fairly new at creating a government unlike any other government in the world and their main concern was freedom from government control. It appears that their biggest mistake was not applying the Bill of Rights to the states as well as the national government. It also becomes problematic in that two men, having different political beliefs and opinions, can interpret the same law in very different ways. Thus, the Supreme Court, established in 1789, which consists of the Chief Justice and eight Associate Justices, is the final interpreter of federal constitutional law. In other words, when there is disagreement concerning constitutional law, the Supreme Court settles it. The power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate. This in itself has become conflictual due to affiliations which could certainly sway decisions in favor of one particular political
The significant impact Robert Dahl’s article, “Decision-Making in a Democracy: the Supreme Court as a National Policy-Maker” created for our thought on the Supreme Court it that it thoroughly paved the way towards exemplifying the relationship between public opinion and the United States Supreme Court. Dahl significantly was able to provide linkages between the Supreme Court and the environment that surrounds it in order for others to better understand the fundamental aspects that link the two together and explore possible reasoning and potential outcomes of the Court.
Constitutional Law was created as the chosen way to preserve the United States of America Constitution, ratified by Congress in 1783, in respect to its meanings, use, and enforcement, for free government, and equal justice under the law for all Americans. However, as times and generations have passed, the U.S. Constitution remains the supreme law of the land. Among the most contemporary and controversial elements are the challenges of evolving interpretations of the freedom of speech, and search warrants, which have both had a major impact on society. In particular, we explore speech not protected by the First Amendment of the Constitution, as well as some circumstances when a search warrant is not required for a valid search. A conclusion is drawn and outlined based on research conducted to offer a concise in-depth observation of the above topics.
Brennan wrote in his brief for the majority that the statute was unconstitutionally vague and overbroad and that, "the separation of legitimate from illegitimate speech calls for more sensitive tools than (Georgia) has supplied” (Oyez).
[4] Hickok, Eugene Jr., ed. The Bill of Rights: Original Meaning and Current Understanding. Virginia: University Press of Virginia, 1991
Whether a judge should be elected or appointed has been a topic for discussion since the creation of a judicial system. Depending on what side of the decision one may be on, there are some challenges that arise from each side. If a judge is elected, will he be judicious in his decision based on the law or based on his constituents? If the judge is appointed, will he be subject to the authority that appointed him, thereby slanting his decision to keep favor of the executive or legislator that appointed him? Mandatory retirement is also a question that brings about challenges. How old is too old? When does a judge become ineffective based on their age?
The term ‘judicial activism’ means a court decision suspected of being built or based on individual, political or private reflections instead of the actual law. In America, judicial activism is considered either as conventional or as plentiful. The original retro of American legitimate antiquity was categorized by traditional justice involvement where the Central Supreme Law court was reluctant to allow the conditions or the assembly to permit lawmaking that would control social or financial businesses. Judges should not read between the lines or add their own experiences when it comes to determining what the verdict will be. The United States Constitution is direct, with plainly written sentences and all judges should follow those guidelines.