After a four year hiatus in the Supreme Court docket, the court finally rule in 1824, the case of Gibbons v. Ogden, which eventually proclaimed the federally supremacy clause and the commerce clause, but it's impact of American commerce can still be felt today. The loose interpretation of the Constitution by Chief Justice Marshall had greatly infuriated and scared the Southerners because if the government could regulate interstate commerce, then it could one day regulate slavery; it's technically commerce. Therefore, states such as South Carolina passed the Negro Seamen Act, which was later struck down unconstitutional, greatly hit the issue of slavery. South Carolinians had great bases for their beliefs because of the recent Denmark Vesey uprising. Often this case is coined as the "Emancipation Proclamation of American Commerce," it should be gladly called that because of the reflection on the elasticity of the great paper known as the Constitution. The case solidified the Congress held all powers to regulate any modes of Commerce. Gibbons v. Ogden would prevail with the inventions of trains and airplanes as modes of commercial activities. Congress, with this case, was later to pass measure that would outlaw unfair price fixing on transportation of foods and pass epochal measures such as the Sherman Anti-Trust Act. Federal supremacy was also finally solidified by this case. New York said that the Federal Coasting license that Thomas Gibbons had was useless in New York waters. Thus this sets-up the great issue of the day state gov't v. federal gov't. But as New York and the rest of the United States finally gets into it's head that the Constitution is the law of the land and that in Article IV, it states that "federal laws supersedes state laws"
The decision in the Gibbons v. Ogden case is, in my opinion, a very just
The election of Abraham Lincoln and the secession of the South led to the outbreak of the civil war. The civil war was the first revolutionary change in America. States' rights were a major issue during this time. Issues of power, different interpretations of the constitution, and banking issues led to many difficulties. South Carolina was the first state to secede from the Union. In South Carolina's Declaration of Causes, it was stated that "powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states" (Document A). The 10th amendment which limited the power of the federal government had acted as a backing for the secession of the South. Nowhere in the constitution did it say that the states had no right to secede from the Union. This secession from the union forever changed the country. Another major change that occurred after the civil war was the thirteenth amendment which abolished slavery. Even though the slaves had fought for the Union in the civil war, they were unable to take any political action and were still inferior as it is stated in document C. The fifteenth amendment granted the right to vote to all men no matter the race. It was argued t...
"The American constitution recognized slavery as a local constitution within the legal rights of the individual states. But in the North slavery was not adaptable to the local economy, and to many, it contradicted the vision of the founding fathers for a nation in which all men are to be free. The South considered slavery as a necessary institution for the plantation economy. It was linked to the local culture and society. As the United states expanded, the North worried that the South would introduce slavery into the new territories. Slavery had become both a moral issue and a question of political power." (Kral p61)
A monopoly in New York required steam boats traveling in the state to be licensed. If a boat was unlicensed, it would be forfeited to the owners of the monopoly. Aaron Ogden, an ex-governor of New Jersey, had a licensed steamboat he used to travel between New York and New Jersey. Thomas Gibbons, Ogden’s former associate, used his steamboat along the same path as Ogden to compete with him. Gibbons held a coasting license under a 1793 congressional act, but did not own a license from the New York monopoly. In 1819, Ogden brought suit against Gibbons in the New York Court of Chancery in order to stop the competition. The court ruled in favor of Ogden, deciding the 1793 congressional act did not conflict with the New York monopoly and Gibbons had no right to use his boat in New York. The New York Court of Errors affirmed the decision, and Gibbons appealed to the Supreme Court.
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.
The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...
Constitutionally the North favored a loose interpretation of the United States Constitution, and they wanted to grant the federal government increased powers. The South wanted to reserve all undefined powers to the individual states themselves. The South relied upon slave labor for their economic well being, and the economy of the North was not reliant on such labor or in need of this type of service. This main issue overshadowed all others. Southerners compared slavery to the wage-slave system of the North, and believed their slaves received better care than the northern factory workers received from their employers. Many Southern preachers proclaimed that slavery was sanctioned in the Bible. Southern leaders had constantly tried to seek new areas into which slavery might be extended (Oates 349).
“Beginning on April 6, 1994, Hutus began slaughtering the Tutsis in the African country of Rwanda. As the brutal killings continued, the world stood idly by and just watched the slaughter. Lasting 100 days, the Rwanda genocide left approximately 800,000 Tutsis and Hutu sympathizers dead” (Rosenberg 1). When Rwanda’s President, Habyrimana, was killed in a plane crash, turmoil and massacres began. A series of events escalated violence until two ethic groups were engaged in bloody battle: The Hutus and the Tutsis. Throughout the Rwandan Genocide, the Tutsis were targeted because the death of President Habyrimana and problems in social and economic life was blamed in them, thus resulting in the 100-day genocide.
The issue of prostitution has sparked different reactions from societies around the world, with each culture defining it in their unique way. However, most communities agree on the definition of prostitution as the act of directly engaging in sexual activities for financial gains. The practice has been in existence since time immemorial, although, the reaction of people in the society differs. Various theoretical approaches have tried to explain the concept of prostitution considering the principal causative agents and the sociological impacts and responses. This essay will describe the theoretical approaches relating to prostitution and the sociological understanding and effect of the practice to the society.
By assessing the grounds of Kant's Deontological hypothesis, “prostitution might be seen in diverse ways in regards to every individual's propositions going into the demonstration.” The moral issues raised by the demonstration of prostitution might be altogether examined by Kant's Deontology with reference to “whether they are ethically important since every individual has their plans when taking part in this administration.”
...acific Railway Co. v. Botsford - 141 U.S. 250 (1891). Retrieved from Justia U.S. Supreme Court: http://supreme.justia.com/cases/federal/us/141/250/case.html
From the centuries, world has witnessed a number of bloody wars, holocausts, carnages and cruel genocide, which shattered the lives of millions of innocent people. After witnessing the mass killings and its aftermath consequences, world has not yet learned a lesson and still on the same path of destruction. ‘Hotel Rwanda’, a movie by Terry George, tries to convey the same message to save the world harmony and to maintain social integrity and peace, else the world should ready to witness a massive destruction. This movie is based on the one of the world’s fastest and atrocious historical genocide in Rwanda in 1994. It depicts the true events around the genocide experienced by a hotel manager Paul Rusesabagina played by famous Hollywood actor
In Ralph Ellison’s novel The Invisible man, the unknown narrator states “All my life I had been looking for something and everywhere I turned someone tried to tell me what it was…I was looking for myself and asking everyone except myself the question which I, and only I, could answer…my expectations to achieve a realization everyone else appears to have been born with: That I am nobody but myself. But first I had to discover that I am an invisible man!” (13). throughout the novel, the search for identity becomes a major aspect for the narrator’s journey to identify who he is in this world. The speaker considers himself to be an “invisible man” but he defines his condition of being invisible due to his race (Kelly). Identity and race becomes an integral part of the novel. The obsession with identity links the narrator with the society he lives in, where race defines the characters in the novel. Society has distinguished the characters in Ellison’s novel between the African and Caucasian and the narrator journey forces him to abandon the identity in which he thought he had to be reborn to gain a new one. Ellison’s depiction of the power struggle between African and Caucasians reveals that identity is constructed to not only by the narrator himself but also the people that attempt to influence. The modernized idea of being “white washed” is evident in the narrator and therefore establishes that identity can be reaffirmed through rebirth, renaming, or changing one’s appearance to gain a new persona despite their race. The novel becomes a biological search for the self due through the American Negroes’ experience (Lillard 833). Through this experience the unknown narrator proves that identity is a necessary part of his life but race c...
Sex work, commonly known as prostitution in our society, is one of the “oldest profession” in the history that need to be studied with full attention. Prostitution is nothing new; for centuries, women have been bounded with the fact that there are men willing to pay for their pleasure i.e. sex. Today even in 21st century, known as the modern society of the existing world when the society has expanded social views and made moral principles as much as flexible, prostitution is still seen as a taboo theme. It is considered in many different ways, mostly negative, from many different aspects, such as religion, cultural, historic, etc. Being the creators of such existing society where negative consequence of a choice by a person is not accepted
They have the capacity to think, feel and act in accordance to moral laws. Deontology clearly shows that Acting on human emotions, ultimately result in unethical or immoral action. Instate of following your emotion, deontology stresses on the importance of the categorical imperative which allows you to do thigs without concern of felling. The categorical imperative emphasizes on “treating people as end never as a means only”. In other word, we have the obligation to treat people as in a respectful manner not as a means of getting what we want. Prostitution degrades once own body, and violates the personal dignity of a human being. Prostitutes offer their body to be used by others. According to Kant deontological theory degradation of the body is immoral by itself. The customers who use the prostitute’s service are violating the categorical imperative by sing the women as means of sexual gratification. According to Kant ethical theory, the people who use prostitutes are acting on their emotion rather that their obligation to help those in