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Explain the presumptions of statutory interpretation
Health ethics issues
Issues in public health ethics
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Brian Dominguez GPH-704 Public Health Ethics – Legal Analysis Benning v. Vermont Introduction: In 1989, plaintiff Joseph Benning was cited for a violation of § 1256 for operating a motorcycle without wearing approved headgear in Caledonia County, Vermont. The statue states that “No person may operate or ride upon a motorcycle upon a highway unless he wears upon his head protective headgear reflectorized in part and of a type approved by the commissioner.1 The headgear shall be equipped with either a neck or chin strap.1” The County State’s Attorney dismissed the citation because he deemed the statue vague and unable to establish the elements necessary to prosecute the crime.1 However, the plaintiffs filed suit against the state, seeking to have § 1256 declared unconstitutional. The plaintiffs asserted three arguments against the statue; including that the statue was contradictory to the intent of the Vermont Constitution, the statue is void for ambiguity, and the statue denies plaintiffs equal protection of the laws.1 The plaintiffs based their argument that safety and liberty are natural, inherent, and unalienable rights guaranteed by Chapter 1, Article 1 of the Vermont Constitution.1 The article states “That all men are born equally free and independent, and have …show more content…
In Title 23, Chapter 316.211 of Florida’s constitution, the law states that “A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.2” The Florida statue is actually more stringent on helmet laws than Vermont’s statue. In Florida, a person cannot operate/ride a motorcycle without helmet, while in Vermont it’s only regulated while riding a motorcycle on
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
.... Madison was applied to this decision because the actions committed were unconstitutional. According to the Supreme Court the 8th Amendment was broken because the District Court of Appeal was giving a cruel and unusual punishment to Graham. The 8th amendment claus does not allow a juvenile offender to be sentenced to life in jail without a parole for a non-homicidal crime. Therefore Terrance could not fall through with this punishment.
The Scope of the State's Power in Matters Affecting Health: The Case of Jacobson v. Massachusetts 1905
The case, Near v Minnesota, took place in Minneapolis in 1929. It was argued on January 30, 1931 and was decided on June 1, 1931. This case appeared in the supreme court after the constitutionality of Minnesota’s law was questioned by Jay Near, the defendant. Near was to be censored due to his "malicious, scandalous and defamatory" article about the Chicago chief of police and many other local officials with being affiliated with gangsters. This then led to a lawsuit that formed from an attempt by Floyd B. Olson, to shut down the local newspaper owned by Jay Near that used racial language in its criticism of local officials and political figures. Olson claimed the paper violated the state’s nuisance law, and both the county court and Minnesota Supreme Court upheld Olson’s right to shut down the paper under Minnesota’s nuisance law. This was questioned because it was unclear whether or not the law permitted by the state would be impeding upon the defendant 's freedom of speech and even freedom of press.
The opinion of the court was held by Justice Kennedy, in that the Colorado amendment was held unconstitutional on the basis that it violated the equal protection clause of the 14th amendment on the United States Constitution. Kennedy argued the amendment singles out a specific group in which, it would make it so only homosexuals cannot receive the protective rights that are available to anyone else. This idea makes homosexuals unequal to everyone else because they are not guaranteed the same protection that anyone else could get if they needed it. Furthermore, the amendment burdens the homosexual community by not allowing them to seek protection against discrimination though the use of legislation. Additionally, Kennedy claims “In and ordinary case, a law will be sustained if it can be said to advance a legitimate government interest…” (632) By this he means that a law will be considered valid as long as it has a ...
In the 1920’s a heightened suspicion of communist activities on domestic American land arose, the Red Scare. Benjamin Gitlow, a prominent member of the Socialist party, was arrested and convicted on charges of violating the New York Criminal Anarchy Law of 1902 during these drastic times. What was his violation? The publication and circulation of the Left-Wing Manifesto, a mere pamphlet, in the United States was his infringement. He appealed the decision on the basis that it violated his First Amendment rights of freedom of speech and press and it was passed on to the United States Supreme Court. The court ruled 7-2 in favor of Gitlow on the basis of Section 1 of the Fourteenth amendment to the United States Constitution states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Gitlow v. New York exemplifies the protection of civil right and liberties with judicial activism.
One reason we must have the second amendment is to protect the freedom for which our country fought so hard to win. The Declaration of Independence states: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.”[1] However, if these rights were ‘self-evident’, why did the founding fathers need to grant them to the states? We might as well ask why man is the way that he is, imperfect. We all wonder about this sad truth, but the fact remains that man is fallen. These rights are self-evident, obvious to human reason, but because humans are fallen, we are sometimes blinded to these apparent truths and we err in our rationality. King George was blind to these unalienable rights, as were Na...
1. Equal protection clause is part of the 14th amendment according to the clause it governs every citizen to be treated equally under federal law. Furthermore, substantive law follows the 1st amendment rights which has nothing to do with public safety. The 1st amendment and the 14th amendment coincides. The 1st amendment allows freedom to privacy, voting, marriage etc. The 14th amendment allows the government to uphold the equal protection law which states when a law or action limits difference coinciding with the 1st amendment which states fundamental rights includes equally protection. However, the difference is the laws requires motor cyclist to wear helmets and motorist to wear seat belts. However, if a motorist is operating a comfortable
Missouri and Florida’s New Laws Constitutional? Missouri Law Review, Spring2012, Vol. 77 Issue 2, p567-589. 23p. Retrieved from http://web.b.ebscohost.com.southuniversity.libproxy.edmc.edu/ehost/pdfviewer/pdfviewer?sid=aef9f6f7-734d-4a6c-adae-2b97736ecc93%40sessionmgr111&vid=2&hid=127
Millions of people all over the United States choose motorcycles over automobiles for the thrill, speed, and high performance capabilities. On the other hand, motorcycles are not at all the safest way of transportation. Motorcycles do not provide the passenger with the outer protection that cars provide, therefore, when one crashes, the results are usually much more serious. Injuries to the head are responsible for 76% of fatalities when dealing with motorcycle crashes many of which could have been prevented had the rider been wearing a helmet. For this reason, many states have adopted the motorcycle helmet law. The law states that every passengers must wear a helmet at all times when riding on a motorcycle. This law has created a great deal of controversy. One side supports the law, believing that it protects motorcyclists from danger and saves the economy a great deal of money. The other side argues that the law is unconstitutional and it violates our right to freedom. However, statistics show overwhelming support in favor of the motorcycle helmet law. Although wearing helmets cannot prevent motorcycle crashes, they can greatly reduce the number of deaths caused by head injury as well as lowering taxes, insurance rates, and health care costs. Therefore, the helmet law should be put into effect in every state across the United States.
...the First Amendment, and people have the right to execute this right. This coincides with the three Supreme Court decisions. In Goguen v. Smith due process allowed Goguen to exercise his ability to wear a flag. In Texas v. Johnson the Court had to make a difficult decision between the nation’s symbol, and a citizen’s right to protest government. And finally in United States v. Eichman the Texas v. Johnson was reaffirmed, and the people’s rights secured.
Missouri and Florida’s New Laws Constitutional? Missouri Law Review, Spring2012, Vol. 77 Issue 2, p567-589. 23p. Retrieved from http://web.b.ebscohost.com.southuniversity.libproxy.edmc.edu/ehost/pdfviewer/pdfviewer?sid=aef9f6f7-734d-4a6c-adae-2b97736ecc93%40sessionmgr111&vid=2&hid=127
The Tennessee v. Garner case impacted law enforcement agencies today by utilizing the Fourth Amendment right of not using deadly force to prevent a suspect from fleeing unless the officer is in imminent danger of their life. Consequently, before this was set into place, an officer had the right to use deadly force on a fleeing suspect by all means.” The first time the Court dealt with the use of force was in Tennessee v. Garner, in Garner, a police officer used deadly force despite being "reasonably sure" that the suspect was an unarmed teenager "of slight build" who was running away from him” (Gross,2016). Whereas, with Graham v. Conner case was surrounded around excessive force which also has an impact on law enforcement agencies in today’s society as well. “All claims that law enforcement officers have used excessive force deadly or not in the course of an arrest, investigatory stop, or other “seizure” of s free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard” (Doerner,2016).
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. .
The opponents of helmet laws seem to have a good argument. Helmet use cannot prevent an accident and Department of Transportation statistics indicate seventy five percent of bicycle related deaths are in collisions with motor vehicles (American Academy of Orthopedic Surgeons 2), which implies the real problem is with automobile drivers causing accidents with bikes.