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Constitutional interpretation methods essay
Constitutional interpretation methods essay
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“The law is more than just a set of principles” that is what the professor in the film Talk of the town claims. This is a valid point that both supports the legal connotations of my case and stirs another rather provocative question. Can one simply ban a member of society from use of there restaurant merely because of the color of their skin, without as much as a kind hello? One would think that it is possible to do so since the owner has complete control of the housing and indeed pays the bills to keep the establishment from foreclosure. But isn’t it written in the constitution by our founding fathers that we as both citizens and human beings are entitled to general rights to enjoy a harmless lunch at a local restaurant, without being hassled by the owner at the students expense? When is a fine line drawn on cement that divides, impartial law from biased? These are lingering questions that we face everyday and in the 1960’s it was a significant pressing question as the issue of race came into play. The professor would have claimed that it would be unreasonable to evict the students involved in the William Mack Bell trial from the premises, but really the affable action for one to do is repeal the supposed Maryland law titled “ Robert Mack Bell v. Maryland”
“ Any persons or persons who shall enter upon or cross over the land, premises or private property of any person or persons in this state after having been duly notified by the owner or his agent not to do so shall be deemed guilty of misdemeanor”
But can such law be simply cast away since it has been set in stone and is a habitually practiced and well known law amongst white men in the state of Maryland and perhaps other states during the time per...
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...h there esteemed authority, to prove a position of solid ground for the justice of one man at the wrong place at the wrong time, justice will rein a pristine eagle for the people. Can one juxtapose both a written document with a spoken one? I for one am skeptical of this idea and I think Leopold would be on the same wave as me. Seeing as he is a man who is an advocate for empowering justice in the bodies of court systems and bringing corrupted politics to a rest. I think that there has to be a fine line between written document and spoken, democratic and republican, conservative and liberal, black and white. All of these are merely titles, a name, a reputation to uphold in high bounty. But when the final gavel thrusts down upon the bench of the court system, a leader will refute the action and in a sense, the people will be well represented.
The Plessy vs. Ferguson (1896) ‘equal but separate’ decision robbed it of its meaning and confirmed this wasn’t the case as the court indicated this ruling did not violate black citizenship and did not imply superior and inferior treatment ,but it indeed did as it openly permitted racial discrimination in a landmark decision of a 8-1 majority ruling, it being said was controversial, as white schools and facilities received near to more than double funding than black facilities negatively contradicted the movement previous efforts on equality and maintaining that oppression on
“The New Jim Crow” is an article by Michelle Alexander, published by the Ohio State Journal of Criminal Law. Michelle is a professor at the Ohio State Moritz college of criminal law as well as a civil rights advocate. Ohio State University’s Moritz College of Law is part of the world’s top education system, is accredited by the American Bar Association, and is a long-time member of the American Law association. The goal of “The New Jim Crow” is to inform the public about the issues of race in our country, especially our legal system. The article is written in plain English, so the common person can fully understand it, but it also remains very professional. Throughout the article, Alexander provides factual information about racial issues in our country. She relates them back to the Jim Crow era and explains how the large social problem affects individual lives of people of color all over the country. By doing this, Alexander appeals to the reader’s ethos, logos, and pathos, forming a persuasive essay that shifts the understanding and opinions of all readers.
Public, domestic unions between blacks and whites threatened the political, social, and cultural structure of white supremacy and suggested the possibility of racial equality. Prior to, and even after the Civil War, interracial relationships and sex has been a known thing. In 1662, the Virginia colonial assembly passed a law dealing with special illicitness of interracial couples. If convicted, fines would be doubled and penalties would be twice as severe. In 1691, interracial marriages becam...
Lasting hatred from the civil war, and anger towards minorities because they took jobs in the north probably set the foundation for these laws, but it has become difficult to prove. In this essay, I will explain how the Separate but Equal Laws of twentieth century America crippled minorities of that time period forever. Separate but Equal doctrine existed long before the Supreme Court accepted it into law, and on multiple occasions it arose as an issue before then. In 1865, southern states passed laws called “Black Codes,” which created restrictions on the freed African Americans in the South. This became the start of legal segregation as juries couldn’t have African Americans, public schools became segregated, and African Americans had restrictions on testifying against majorities.
The progressive movie Guess Who's Coming To Dinner was a liberal message that emerged from remnants of the historical Civil Rights Movement. The film was a riveting manifesto exposing how both black and white cultures viewed interracial relationships in the 1960s. The context of the movie was provocative and poised to push the parameters regarding one of our country’s major social problems and taboo subjects, racial prejudice and interracial relationships. Until June 12, 1967, miscegenation was illegal in most southern states until the case of Loving v. Virginia declared that laws against miscegenation were unconstitutional. However, according to ABC News.com, “many states left the unenforceable laws on the books, in fact, South Carolina did not remove its prohibitive clause until 1998” (Patria, 1). The theme of this film extends far beyond the black and white relationship; it's about tolerance and acceptance of different cultures, race, and ethnicity.
In the early 1900s, “restrictive covenants” more specifically racially restrictive covenants were legally enforceable agreements that prohibited landowners from leasing or selling property to minority groups, at that time namely African Americans. The practice of the covenants, private, racially restrictive covenants, originated as a reaction to a court ruling in 1917 “which declared municipally mandated racial zoning unconstitutional . . . leaving the door open for private agreements, such as restrictive covenants, to continue to perpetuate residential segregation” (Boston, n.d.). It was more of a symbolic act than attacking the “discriminatory nature” (Schaefer, 2012, p. 184) of the restrictive covenants, when the Supreme Court found in the 1948 case of Shelley v Kraemer that racially restrictive covenants were unconstitutional. In this particular case, a white couple, the Kraemers lived in a neighborhood in Missouri that was governed by a restrictive covenant. When a black couple moved into their neighborhood, the Kraemers went to the court asking that the covenant be enforced. In a unanimous decision, it was decided, “state courts could not constitutionally prevent the sale of real property to blacks even if that property is covered by a racially restrictive covenant. Standing alone, racially restrictive covenants violate no rights. However, their enforcement by state court injunctions constitutes state action in violation of the 14th Amendment” (Shelley v. Kraemer, 1948). Even though the Supreme Court ruled that the covenants were unenforceable, it was not until 1968 when the Fair Housing Act was passed that it become illegal (Latshaw, 2010). Even though today it is illegal, it might appear that we still have an unspoken...
In 1896 the U.S. Supreme Court upheld the law of racial segregation in public. It was known as separate but equal. Yet one cannot be equal, because Cauca...
African Americans have been fighting for equality since the pre-Civil War era. Although the Thirteenth, Fourteenth, and Fifteenth amendments became realities, segregation and exclusion of African Americans from public places were the realities throughout the 1800’s and 1900’s. The Civil Rights Act of 1875, or the “Force Act” (pg. 157), only allowed the government to protect African Americans from being excluded by “public officials of state and local governments” (pg. 157), not private businesses. Thus, Plessy v. Ferguson in 1896 polarized the nation, for the case declared the Missouri Compromise unconstitutional and did not violate the Fourteenth Amendment’s “equal protection of the laws” (pg. 158). As long as the accommodations for both races were equal, separating various public spaces was also equal; however, in 1954 “separate but equal” was reversed with Brown v Board of Education. Brown v. Board of Education focused on Oliver Brown’s fight for his daughter, Linda, to attend an “all-white Summer School, which was closer to home” (pg. 160). When the school refused to admit his daughter, Brown took his fight to the NAACP and then took his fight to the Supreme Court; subsequently, the Court decided on the case with the “consequences of segregation” (pg. 160), which concerned a lack of “equal educational opportunities” (pg. 160). As a result, the Court declared Plessy v.
Harlan once said, “But in the view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind and neither knows nor tolerates classes among citizens.” The state of Louisiana passed a law that required separate railway cars for blacks and whites. It was all based around accommodations being “separate but equal”, meaning that public facilities were split up by races but the place had to serve the same purpose. In 1892, Homer Plessy was one eighth African American and he took a seat in a "whites only" car of a Louisiana train. He refused to move to the car only for blacks and was arrested. I believe that this was unconstitutional because of the 13th and 14th Amendments.
It is highly believed by individuals that discrimination in the U.S. has dramatically changed since the 1900s. Blacks were once discriminated against via Jim Crow laws. Today, black Americans have gained the right to eat at public lunch counters, vote, ride public buses, and attend public schools. While the...
...this matter is not publicly expressed. There are signs in several of the Southern states that this practice is already taking place. This author looked at this situation as an outsider looking in and was not biased with preconceived notions. Racism and discrimination remains evident in some shape, form, or fashion on a daily basis somewhere in America and the World.
Chapter thirteen talks about the police being a public institution, that relies on a grant of legitimacy rooted in public trust and confidence. Complaints that become news events can wear away confidence among an even wider audience. This chapter provides the unique opportunity to combine citizen complaint data with actual observations. It examines the behavior of identified problem officers, as well as whose who are not labeled as such.
In the 1954 United States Supreme Court case, Brown v. Board of Education of Topeka, school segregation was found to be unconstitutional. On behalf of the Court, Chief Justice Earl Warren wrote, “We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.” The reasoning behind the unanimous decision diverged from the line of argumentation that had been used by civil rig...
Social change and the law are codependent. If one wishes to see progress in the world, a world crippled with corruption, ignorance, fear, and hate amongst other injustices, he or she must acknowledge the relationship that law and social change have on one another. Social change requires a shift in the mindset of a collective body. It requires the norms of a culture to gradually change and progress with the values of the evolving society in order for change to happen. Laws change over time as the society’s values evolve. Thus, new laws come about when values change and conversely, laws change or progress when values change or progress. Laws create social change as social change creates law. The relationship is cyclical.
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it