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8th grade u.s. history supreme court cases
8th grade u.s. history supreme court cases
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Weinberger vs. Wiesenfeld refers to a Supreme Court case argued in 1975, in which the gender-based distinction of widower benefits was challenged. Prior to 1975, the provisions of Social Security Act 42 U.S.C. § 402(g) granted survivors' benefits based on the earnings of a deceased husband/father both to his widow and to the couple's minor children, but granted benefits based on the earnings of a deceased wife/mother only to the minor children and not to the widower. Weinberger vs. Wiesenfeld argued that the Social Security Act violated the right to equal protection secured by the Due Process Clause of the Fifth Amendment, since it discriminated against female wage earners by giving them less protection for their survivors than was provided for male wage earners.
Stephen Wiesenfeld and Paula Polatschek were married on November 15, 1970. Paula worked teaching mathematics at Edison High School in New Jersey, while Stephen worked in computer consulting. Paula’s earnings were the couple’s main source of support as she made significantly more than her husband. For every year she worked, maximum social security contributions were deducted from her salary.
Two years after they married, Paula gave birth to their son, Jason Paul, on June 5, 1972. Tragically Paula died in childbirth, leaving Stephen with sole responsibility for their son. Since he could not support Jason on his current earnings, Stephen took a higher-paying job with a computer firm and tried to arrange child care, which proved to be challenging. Soon afterward, Stephen applied at the Social Security office in New Brunswick, New Jersey for survivors' benefits for himself and his son. He was able to obtain a death benefit and benefits for his son under 42 U.S.C. § 402...
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...rviving parent when that parent is male rather than female.” The decision represented a win for both men and women, regardless of which parent was the primary breadwinner.
Justice Brennan delivered the opinion of the Court, in which Chief Justice Burger, and Justices Stewart, White, Marshall, Blackmun, and Powell all joined. Justice Powell filed a concurring opinion in which Chief Justice Burger joined. Justice Rehnquist also filed a concurring opinion. Justice Douglas took no part in the consideration or decision of the case.
Further Reading:
Weinberger v. Wiesenfeld, 420 U.S. 636 (1975).
Strebeigh, Fred (2009). Equal: Women Reshape American Law. Norton. ISBN 0393065553.
Cowan, Ruth. “Women’s Rights Through Litigation: An Examination of the American Civil Liberties Union Women’s Rights Project, 1971–1976.” 8 Columbia Human Rights Law Review 373, 390–393 (1976).
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
One of which includes Rancho Viejo vs. Norton. Not only was he for making the shopping mall but he ignored the fact that this would interfere with an already endangered species. He was also part of the group that allowed a police officer to unlawfully search a vehicle without a warrant during the US. Vs. Brown case. John Roberts also voted for the Obama care act in which was almost denied as it was considered unconstitutional. Despite having a successful background, John Roberts can considerably be noted as being very controversial as he has made some arguable calls in his
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.
Since the beginning of the 17th-century and earlier, there has always been different perspectives on women 's rights. Men and women all over the world have voiced their opinion and position in regard to the rights of women. This holds especially true in the United States during the 18th and 19th century. As women campaigned for equality, there were some who opposed this idea. There was, and always will be a series of arguments on behalf of women 's rights. Anti-women 's rights activists such as Dr. John Todd and Pro-women 's rights activist Gail Hamilton argued intelligently and tactfully on the topic. There were many key arguments made against women’s rights by Dr. John Todd, and Gail Hamilton 's rebuttal was graceful and on par with her male counterpart. Let 's examine some of Dr. John 's arguments against women 's equality.
I have read Kathryn Kish Sklar book, brief History with documents of "Women's Rights Emerges within the Antislavery Movement, 1830-1870" with great interest and I have learned a lot. I share her fascination with the contours of nineteenth century women's rights movements, and their search for meaningful lessons we can draw from the past about American political culture today. I find their categories of so compelling, that when reading them, I frequently lost focus about women's rights movements history and became absorbed in their accounts of civic life.
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
According to many the custody of a child should be determined with the best interest of the child in mind. However, it is not easy for a judge to make such an important decision in such a short amount of time with limited information. Smith (2004) stated that, the simple fact of being a mother does not indicate a willingness or capacity to render a quality of care different than that which a father can provide. Some might argue that what Reynolds (2004) calls deadbeat dads, or in other words fathers who refuse to pay their child support, are often times confused with Turnips, who are ex-spouses who can not afford to pay child support. One example of a turnip is a father who is in prison; he is obviously not making money while he is on the inside. Now an example of a deadbeat dad is when the father is enjoying all the finer things in life and he cannot reach far enough into his...
Williams, W. W. (2013). Ruth Bader Ginsburg's equal protection clause: 1970-80. Columbia Journal of Gender and Law, 41.
The fight for women’s rights began long before the Civil War, but the most prominent issue began after the fourteenth and fifteenth amendments joined the Constitution. The rights to all “citizens” of the United States identified all true “citizens” as men and therefore incited a revolution in civil rights for women (“The Fight for Women’s Suffrage”). The National Women’s Suffrage Convention of 1868
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.
Lucy Stone is known today for many things, among them being the first woman to graduate from college in Massachusetts, one of the first women not to change their name after marriage, the first woman to appeal before a body of lawmakers and forming The Woman’s Journal and The NWSA. Women all over the United States owe much to the work of Lucy Stone. In the history of Woman’s Rights, few can activists can compare with the determination and success of Lucy Stone. While many remember Susan B. Anthony for being the most active fighter for Woman’s Rights, perhaps Lucy is even more important. With out her it would have taken much longer to achieve Woman's Votes.
Murray, Pauli. Women's Rights Are a Part of Human Rights. The American Women's Movement, 1945-2000 a Brief History with Documents. Comp. Nancy MacLean. Boston: Bedford/St. Martin's, 2009. 69-71. Print.
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.
From 1960 to 1990 the women’s movement in Canada played a significant role in history concerning the revolution of women’s rights. Although it was a long road coming for them, they were able to achieve the rights they deserved. Women struggled for equality rights to men but primarily their rights as a person. Since the 1960s women’s rights had significantly changed, they had to work hard for the rights that they have in the present day. Females across the nation started speaking out against gender inequality, divorce, and abortion. This uprising coincided with the Women’s Movement. Through the Royal Commission on the status of women they were able to gain equality rights and they were able to have access to legal abortions through the Charter Rights of Freedom and obtain no-fault divorce through the Divorce Act of 1986.
Merlo, A. V., and Pollock, J. M. (1995). Women, Law, and Social Control. Boston: Allyn and Bacon.