Supreme Court Essay Example for Free

Supreme Court Essay Marbury v. Madison:(1803) Judicial review In 1801, Justice William Marbury was to have received a commission from President Adams, but Secretary of State James Madison refused to issue the commission. Chief Justice Marshall stated that the Judiciary Act of 1789, which was the basis for Marburys claim, conflicted with Article III of the Constitution. Marbury did not receive the commission. This case determined that the Supreme Court and not the states would have the ultimate word on whether an issue was in violation of the Constitution. The Supreme Court judged that when the state of Georgia rescinded a land grant it was unconstitutional since it revoked the rights already granted in the contract. This was the first case to declare a state law in violation of the Constitution. . Dartmouth College v. Woodward: (1819) Contracts and State law The New Hampshire legislature amended the original charter of the college, which had been in place since 1769, to make the college more accessible to the public. The problem was that the legislature acted without consultation with the college trustee. The Supreme Court ruled that the original charter was inviolable as the charter was a contract. This decision led to a strengthening of property rights against state abridgement. McCulloch v. Maryland: (1819) Implied powers James Madison created a national bank, The state of Maryland believed this was an intrusion into states rights and attempted to tax the bank. James McCullough, who worked at the bank, refused to pay the state taxes because he believed the state had no right to tax a national bank. Marshall stated. That the bank was incompliance with the constitution and could not be subjected to state taxes. This case established the rule that states could not tax an institution of the federal government. Gibbons v. Ogden: (1824) Interstate commerce Act issue was the right to carry passengers along a canal from New York to New Jersey. The state of New York had granted Aaron Ogden the exclusive right. The federal government issued a license to Thomas Gibbons for the same route. On appeal the case went to the Supreme Court after Ogden sued Gibbons and won. The Supreme Court decided that Gibbons was right and that states cannot stop Congress regulating interstate commerce. This was a landmark case because it established federal authority over the states. This became the basis of the Civil Rights Act of 1964. Cherokee Nation v. The State of Georgia: (1831) State law and Indians The Cherokee Indians had been farming the land in the western part of the state and had established their own government. The Georgians passed laws and tried to have the Cherokee government declared null and void. The Cherokee nation brought the suit to the Supreme Court on the grounds that the Cherokee nation was a foreign entity and therefore the state of Georgia had no rights. Marshall knew that if he ruled in favor of the Indians, President Jackson would not enforce the ruling. So Marshall ruled that the Cherokee nation did not constitute a foreign nation. Thus the Supreme Court had no jurisdiction over the Cherokee nation. Worcester v. Georgia: (1832) State law and Indians in Worcester v. Georgia John Marshall invalidated a Georgia law concerning entry into the Cherokee nation. In this case Worcester, a missionary, sued on the grounds that the state had no right to control any aspect of the Cherokee nation as this would fall within the powers of the federal government. This was just one more instance of the Marshall Court increasing power for the federal government over state governments. The Marshall court attempted to protect the property rights of the Indians. Unfortunately, even Marshall was unable to keep the Indians from continually being forced off their land. . Scott v. Sanford: (1857) Citizenship and Slavery Dred Scott was the slave of an army doctor. The doctor had lived in free states and in free territories, but had returned to Missouri, a slave state, before his death. Scott sued the doctors wife for his freedom on the basis that in a free state he had been free. The Supreme Court decided that Congress had no power to forbid slavery in the territories. They also said that as a slave, Scott was not a citizen and was not eligible to sue in a federal court. This decision annulled the Missouri Compromise and the Kansas-Nebraska Act. The case centered on 3 issues: a) Was Dred Scott a citizen? b) Could Congress prohibit slavery in the territories? c) If a slave was property, then shouldnt Sanford be compensated? Scott and his family did win their freedom because Scotts new owner was the widows brother and a known abolitionist. This case was never about the freedom of Dred Scott but about the future expansion of slavery into the territories. Texas v. White:(1869) Legality of Confederate Government Policies After the Civil War the reconstruction government of the state of Texas brought suit to regain state-owned securities, which had been sold by the Confederate state legislators during the war. The defense claimed that since Texas had not been restored to the Union there were no grounds for a federal court case. Chief Justice Salmon P. Chase maintained that since secession was illegal, Texas had never left the Union. Chase said the Confederate government of the state had been unlawful so all acts carried out by the government were null and void. Therefore the state was entitled to recover the securities. Plessy v. Ferguson: (1896) Separate but equal Homer Plessy was arrested in Louisiana for riding in a whites-only railroad car. Plessy, who was one-eighth African American, appealed on the basis of the equal protection clause of the Fourteenth Amendment. The court said that so long as the facilities were equal then it was legal to racially separate. This became the impetus for segregation across the south. Swift and Company v.  United States: (1905) Defining Interstate Commerce. Swift claimed to be participating in business that was intrastate and not interstate, which he added, meant the interstate commerce act did not apply to his business. The court agreed unanimously that this was not the case and Swift was trying to create a monopoly. Armed with the Sherman Antitrust Act, Oliver Wendell Holmes said the company had a current of commerce among states. Bunting v. Oregon: (1917) Government Enforcement of 10-Hour Workday. In 1913 Oregon established a 10-hour workday for all men and women in mills or manufacturing industries. Any work beyond the ten hours was payable at a rate of time -and-a-half. Bunting, who owned a factory required his workers to work a 13 hour day and did not pay overtime. The Court was split on the issue and did not want to be seen as a regulator of wages. Eventually the court decided that overtime pay did not constitute wage regulation. Schenck v. United States: (1919) Freedom of Speech during Wartime. During World War I Charles Schenck had distributed pamphlets that said the draft was illegal. He was charged under the Espionage Act (1917). Justice Oliver Wendell Holmes rejected the argument that the pamphlets were protected by the free speech clause of the Constitution. Holmes told the court that freedom of speech could be suppressed if there is a clear and present danger, and since this happened during a time of war, there was such a circumstance. Korematsu v. United States: (1944) Legality of Japanese Internment during WWII In1942, after the Japanese attack on Pearl Harbor, President Roosevelt issued Executive Order 9066, which required the forced relocation of over 100,000 Japanese-Americans to relocation camps. The Supreme Court ruled the relocation was illegal. In1988 these people, of whom many were citizens, received compensation. tL-94l.. . Brown v. Board of Education of Topeka, Kansas: (1954) Equal protection Linda brown was denied admission to a local elementary school in Topeka, Kansas. The basis for her denial was that she was black. Chief Justice Earl Warren overruled the separate but equal doctrine of Plessy v. Ferguson. He stated that the public schools violated the fourteenth amendment condition of equal protection under the law. The defendants claimed that the inferior conditions in segregated schools hindered their development. After the ruling was made, the court declared that segregation must end. Gideon v. Wainwright: (1963) Representation by Counsel Gideon was accused of a breaking into a poolroom in Florida but he had no financial means to secure a defense. He requested a defense counsel but was refused and was forced to defend himself. The court returned a guilty verdict. This led to the Supreme Court ruling that all people were entitled to legal counsel regardless of their ability to pay for legal counsel. Heart of Atlanta Motel v.  United States: (1964) Interstate commerce In 1964 Congress tried to pass the Civil Rights Act based on its power to regulate interstate commerce. Congress believed it had the right to ban discrimination in public accommodation and in employment. A motel owner challenged the law on the basis, that he had a local business which should not be considered interstate commerce. The Supreme Court ruled that since the business gained most of its income from interstate commerce; thus, the business was liable to the rules of Article 1, section 8 of the Interstate Commerce Act. Wesberry v. Sanders: (1964) one man tine vote This case dealt ith the apportionment of congressional districts in Georgia. The voters of Georgias fifth congressional district, easily the largest district, believed that their representation was not as equal as that of other districts with less people. They argued that because the state legislators had failed to, realign the districts their vote was debased. The Supreme Court ruled that as much as possible districts should be comparable in terms of population. Miranda v. Arizona: (1966) Rights in custody Ernesto Miranda a man who had not completed the ninth grade was arrested at his home in Arizona and identified as a suspect ina rape-kidnapping case. When he was questioned about the crime Miranda maintained he was innocent, but after two hours of interrogation he signed a confession. At the trial the confession was admitted as evidence and the court found Miranda guilty. The police acknowledged that Miranda had not been made aware. of his rights during the process nor had he had access to legal counsel. While the Miranda confession was given with relatively little pressure it still violated the constitutional requirements that governed such procedures. Inthis case, the Warren court ruled that the accused must be made aware of his or her rights from the beginning. Roe v. Wade: (1973) Right to Privacy During the sexual revolution of the 1960s and 1970s the number of abortions performed illegally was unbelievably high. Inits decision the Court struck down a Texas law that made it illegal to perform abortions unless the womans life was risk. Jane Roe an unmarried mother wanted to terminate her pregnancy but she did not meet the necessary requirements. The Court sided with Roe and said that a woman had a constitutional right to privacy that extended to cover a decision whether or not to terminate her pregnancy. Bakke v. Board of Regents of California: . (1977) Affirmative Action In an attempt to get greater racial and ethnic diversity The University of California Medical School at Davis created a special category for minority students. This was the first constitutional test for affirmative action. Bakke, a white student, was rejected by the university and filed a lawsuit alleging discrimination under the Civil Rights Act of 1965. The Court said the university can use special criteria to determine which students gained acceptance so long as it did not use a quota system.

Maxine Hong Kingstons Woman Warrior - No Name Woman Essay -- Woman Wa

Maxine Hong Kingston's Woman Warrior - No Name Woman The excerpt, "No Name Woman", from Maxine Hong Kingston's book, Woman Warrior, gives insight into her life as a Chinese girl raised in America through a tragic story of her aunt's life, a young woman raised in a village in China in the early 1900s. The story shows the consequences beliefs, taught by parents, have on a child's life. Kingston attempts to figure out what role the teachings of her parents should have on her life, a similar attempt for many of us in the world. Lessons taught by our parents, the people who brought us into this world, help guide us into the people we become as adults. Hopefully, the guidance is positive. Kingston's story about her aunt sends a message as to how many families communicate the meaning of life. Through this story you will see how much we truly learn from our parents, some of it good and some of it bad. The story of Kingston's aunt, as told by her mother, started out by her mother saying. You must not tell anyone," my mother said, "what I am about to tell you. In China your father had a sister who killed herself. She jumped into the family well. We say that your father has all brothers because it is as if she had never been born." (Kingston, 319) In the first sentence of this quote, the mother is asking her daughter, Kingston, to remain quiet about a negative event, an occurrence deemed as shameful, in the family's life. Kingston's mother, playing a role model, taught her daught...

Reviewing my Christian service charity activity Essay

1) Identify the details on your Christian service: Where? When? How? For whom? My Christian service was at the Markham Food Bank near Main Street, Unionville. I volunteered during May 21st, where I was one of the only few people who got up in the early morning in order to take the initiative to serve the community as well as Christ. By packaging and organizing food for the poor, we were serving the less fortunate people of Markham, who visit the food bank as a means of obtaining food. 2) Some of the Ontario Catholic School Graduate Expectations that I examined in my grade ten year were: – Recognizing there is more grace in our world than sin and that hope is essential in facing all challenges – Thinking reflectively and creatively to evaluate situations and solve problems – Setting appropriate goals and priorities in school, work and personal life – Thinking critically about the meaning and purpose of work One specific expectation that related directly with my service work this semester was relating to family members in a loving, compassionate and respectful manner. I gave the same type of effort and care into the poor people who needed my help, essentially making them a part of my â€Å"extended family.† I tried demonstrating compassion and love towards them through my hard put effort in organizing, packaging, and sorting an assortment of different food for them. I also contributed to the common good by helping these poor people. In modern society, most people would bypass on the less fortunate people of our communities without offering any aid. These types of inconsiderate people are not supporting the common good of our world. By ignoring and dishonouring God’s precious creations, we are directly going against God himself. Thereby, my actions in helping these poor people are an act to expand and establish common good in our community. THINKING 3) The Golden Rule, â€Å"Do unto others as you would have them do unto you† is a theme that is demonstrated in Hinduism, Buddhism, Sikhism, Judaism, Islam, and Christianity. In two paragraphs, answer the following questions as they pertain to the Christian Service work that you have completed during this semester. Analyse how your Christian service: a) Promotes human dignity My Christian service promotes human dignity because I am restoring pride and hope in the hearts and minds of the poor by helping them carry out a normal, everyday life. The less fortunate suffer everyday due to their lack of money, homes, and as well as human essentials. They are sometimes abused verbally and physically by those that think they are â€Å"superior† than them, which causes them to lose their righteous human dignity. By providing these people would proper food and water, I restore a small portion of their dignity as a human being. They should not feel low or bad to have to come to us for help, because that is what we do for each other. In this essence, I am able to help promote human dignity through my services at the Markham Food Bank. b) Challenges any personal religious and/or social biases. Often people in society do not associate with other people or help them out because they think that they are not on the same â€Å"social status† as the other. These social biases are particularly true with homeless people who seem to be suffering more and more simply due to their social status. These judgemental remarks make it even more difficult for these poor people to obtain food and get jobs. Therefore, through my Christian service, I am challenging the boundary of any social biases by offering free food packaged and boxed for the poor and suffering in our communities. APPLICATION 4) In a paragraph, demonstrate how your Christian service fulfills some aspect(s) of the Corporal works of Mercy. My Christian service perfectly fulfills the first Corporal Works of Mercy that is to feed the hungry. By going to the food bank, and packaging/organizing a variety of food in boxes for the poor people, I am helping to â€Å"feed† the hungry people of our society. All these less fortunate people wait in line everyday in order to be fed, and I was just fortunate enough to have the opportunity to be able to help serve the poor by providing their food. Therefore, my Christian service successfully fulfills this aspect of the Corporal Works of Mercy. 5) In a paragraph, evaluate the effect your Christian service has had on your moral and your faith development. This Christian service has indeed had a significant impact on my moral and faith development this semester. By experiencing the difficulty of getting up so early in the morning and going through traffic in order to arrive to the food bank, I realized the level of dedication and love these people must have to come out there every day to help less fortunate civilians. Furthermore, I learned that I should never look down on someone simply because they are not as blessed us, rather I should be more compassionate and understanding of these people. Not only that, but the simple fact that there is such an organization out there, such as the Markham Food Bank, that serves free boxes of food for the poor and less fortunate, makes me truly believe that God exists and he only wants good in our world.

Are Travelers Interested Of Wine Tourism For New Zealand...

My Research article is about ‘Are travelers interested in wine tourism in New Zealand’. The article has been taken from scholarly journal which contains all relevant information including abstract, literature review, methods, finding, limitation and conclusion followed by references. The article elaborates and experiences a wide range of information that is useful for researching wine tourism in New Zealand. The research method used in the article is Questionnaire, which was directly distributed among people travelling from north to south island of New Zealand. The ferry terminal of Wellington was the location selected for the process of investigation, the response in the views on wine tourism participation educe in large numbers. The research method used has both qualitative and quantitative approach. The researchers observed only certain days where the questionnaire can be distributed, which described a potential limitation of selecting a quantitative approach. Questionnaire was included with qualitative components in the form of open ended questions to indicate the respondents to describe their view on winery visit and mention their comments. Articles Findings The findings were mentioned that, the New Zealand wine and wine tourism were common among domestic travelers compared with the international travelers, due to lack of knowledge about the wineries. Least attraction was seen from the younger visitors visiting the vineyards. It is also seen that the wineryShow MoreRelatedLodging Inductry24737 Words   |  99 Pagesfor Hospitality and Tourism CHAPTER OVERVIEW This chapter begins by explaining the business philosophy of marketing. Marketing is not a function that is only carried out by the marketing department, but rather a way of doing business. The main focus of marketing is the customer; this customer orientation must be integrated throughout the organization. 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