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Us supreme court cases 1800s
Us supreme court cases 1800s
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In the U.S. Supreme Court case of U.S. v Lopez (1995), a twelfth grade boy, Alfonzo Lopez, brought a loaded .38 caliber firearm to his local Texas high school. After being reported to the front office, Lopez was questioned about the gun and openly admitted that the firearm was in his possession. Texas then convicted Alfonzo of a criminal statute, which prohibited the carrying of a gun on school grounds. However, the charges were dropped rather quickly when the United States Government charged Lopez with violating the Gun-Free School Zones Act.
After pleading not guilty, Lopez’s attorneys attempted to dismiss the charges, stating that “Congress had exceeded its authority by passing the act,”(Anderson) under the Commerce Clause. Congress refused the request, and Lopez was sentenced to six months in prison and two years of supervised release. Alfonzo appealed this notion, and the case was sent to the Supreme Court. After reviewing the case and reconsidering the decision, Chief Justice Rehnquist ruled in favor of Alfonzo Lopez. The Court stated that Lopez’s crime was “a criminal statute and had nothing to do with interstate commerce or economic
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v. Lopez (1995) continues to affect the judicial system to this day. This case is the precedent for many of the Supreme Court cases concerning the commerce clause. Following U.S. v. Lopez, the Supreme Court had many Affordable Care Act cases. In these cases, the powers of Congress, under the Commerce Clause, were again limited. The congressional powers were limited because the Court declared that the Affordable Care Act “did not license Congress to include in the PPACA a provision that required individuals to purchase health insurance”(Commerce Clause). The Affordable Care Act trials show that Congress cannot always make whatever law that they want, and they cannot use the Commerce Clause as an excuse or abuse its power. This case further proved the reasoning behind the decision in U.S. v
In Reyes v. Missouri Pac. R. CO., the appellant, Joel Reyes, sought rehabilitation from the defendant, Missouri Pacific Railroad Company, after being run over by one of the defendants trains while lying on the tracks. The appellant claims the defendant was negligent due to its inability to see the plaintiff in time to stop the train. The defendant refutes the plaintiffs claim by blaming the plaintiff for contributory negligence because the plaintiff was believed to be drunk on the night in question based off of pass arrest records . In a motion in limine Reyes ask for the exclusion of the evidence presented by the defense. The trial court, however denied the plaintiff’s request and ruled in favor of the defendant. The plaintiff, Reyes,
United States v. Leon was a U.S. Supreme Court case about drug trafficking, where the Supreme Court created the exception of ?good faith? to the exclusionary rule. In August 1981, in Burbank, California, the California Police Department received an anonymous tip, accusing Armando Sanchez and Patsy Stewart as drug dealers. Police began watching their homes and followed leads based on the cars that were regularly seen at the homes. The police identified Alberto Leon and Ricardo Del Castillo as also being involved in the trafficking operation. Based on this surveillance and information
In 1975, the United State Supreme Court held that state law could provide students a property interest in their education, but forty years later and courts remain uncertain of when such an interest exists. In Goss v. Lopez, the United States Supreme Court extended due process protections to a group of high school students in Ohio. The Court determined that Ohio state law provided the high school students a property interest in their continued enrollment at the school, and that such an interest was protected under the due process clause. The Goss decision came during a time when a due process revolution was happening in the United States. During this revolution, the Supreme Court recognized many new property interests in government benefits as the basis
Gonzales v. Oregon is a Supreme Court case that took place in 2005, with the verdict and dissenting opinions stated in January of 2006. The case is about the General Attorney’s ruling of a medical practice to be illegal. The Attorney General at the time was John Ashcroft, appointed under President George Bush Jr., who authorized that the usage of lethal doses of medicine on terminally-ill patients to be illegal under the Controlled Substance Act in 1970. The Controlled Substance Act of 1970 is a federal United States drug policy which limits the usage of certain medications in a variety of ways. (Oyez, n.d.).
In 1992 Alfonso Lopez, Jr. was a senior at Edison High School in San Antonio, Texas. Acting on an anonymous tip, school authorities confronted Lopez and discovered that he was carrying a .38 caliber handgun and five bullets. A federal grand jury subsequently indicted Lopez, who then moved to have the indictment dismissed on grounds that the federal government had no authority to legislate control over the public schools. At a bench trial, the federal district court judge found Lopez guilty and sentenced him to six months’ imprisonment and two years’ supervised release. Lopez then appealed to the Fifth Circuit, which reversed the conviction and held the Gun-Free School Zone Act unconstitutional as an invalid exercise dy congress of the commerce power.
In an article written by a Senior student they discuss a monumental moment in Mexican American history concerning equality in the South. The student’s paper revolves around the Pete Hernandez V. Texas case in which Hernandez receives a life in prison sentence by an all white jury. The essay further discusses how Mexican Americans are technically “white” americans because they do not fall into the Indian (Native American), or black categories and because of the Treaty of Guadalupe Hidalgo of 1848. The student’s paper proceeds to discuss the goals connecting the Hernandez V. Texas case which was to secure Mexican American’s right within the fourteenth amendment [1].
The case was decided 6-3 in favor of Alvarez. The Supreme Court ruled the Stolen Valor Act unconstitutional in violation of the First Amendment. Justices Kennedy, Roberts, Ginsburg and Sotomayor joined in a plurality opinion. The plurality stated that freedom of speech under the First Amendment protects lying and false statements. Although the lies are frowned upon and socially unacceptable, the First Amendment protects those types of statements. With the application of strict scrutiny to this case, the Justices within the plurality found that the Stolen Valor Act was very broad and if it had more specific restric...
"U.S. Judge Rules Health Care Reform Act Unconstitutional | Business Insurance." Business Insurance News, Analysis & Articles. Web. 20 Mar. 2011. .
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
Such precedent setting decisions are usually derived from the social, economic, political, and legal philosophy of the majority of the Justices who make up the Court, and also represent a segment of the American population at a given time in history. Seldom has a Supreme Court decision sliced so deeply into the basic fabric that composes the tapestry and direction of American law or instigated such profound changes in cherished rights, values, and personal prerogatives of individuals: the right to privacy, the structure of the family, the status of medical technology and its impact upon law and life, and the authority of state governments to protect the lives of their citizens.(3-4)
Zhao, Emmeline. "Guns In Schools: Firearms Already Allowed In 18 States With Few Restrictions." The Huffington Post. TheHuffingtonPost.com, 15 Jan. 2013. Web. 17 Oct. 2013.
With every serviceman in the military a comradery and pride should be associated with the accomplishment of their service and duty to their country. Though in the instance where one claims these achievements without the proper experience to claim afoot these acclaimed respects from service to the country. This scenario was enacted and revealed through the case of United States v. Alvarez where Xavier Alvarez was deemed in violation of the Stolen Valor Act (2005) for the events that occurred at a board meeting between two water districts where Alvarez spoke. The Stolen Valor Act was meant to protect those who had served in the United States Military from having their accomplishments falsely claimed by others, which Alvarez in fact did. As he
In 1995, there was great consternation when the Supreme Court ruled that carrying a gun near a school was not interstate commerce. On May 15, 2000, there was great consternation when the Supreme Court ruled that rape was not interstate commerce. It is a sign of how twisted the law has become that each of these common sense rulings was by a narrow 5 to 4 majority.
Nelson Lund, JD, PhD, Professor at George Mason University School of Law once stated, "The right to self-defense and to the means of defending oneself is a basic natural right that grows out of the right to life …. many [gun control laws] interfere with the ability of law-abiding citizens to defend themselves against violent criminals”. When we 're born, we are born with the right of life, and with the right of life came the right to self protection. There has been many laws that contradict the right of life just as the right of self protection. Justice Stevens once stated that “The Second Amendment’s structure was notable for its omission of any statement of purpose related to the right to use firearms for hunting or personal self-defense”. Justice steven noted that the second right amendment covers us from self defence and hunting. Self defence is a really big topic because of the fact that most people die on the hands of others because they have nothing to defend themselves with. A report from New York Times once said that Wayne Lapierre, N.R.A executive vice president once stated that “The only only thing that stops a bad guy with a gun, is a good guy with a gun”. Reports were found that in Newtown connecticut in a public school, none of the school employees were armed and they had no defence when it came down to a school shooting. People were harmed and
We as society might not agree on everything. What been agree on we need regulations and they need to be run by governments. In those governments the people should or shouldn’t use grace before law.