State and Federal Authority in Screws v. United States
Outside the courthouse in Newton, Georgia, in the early hours of January 30, 1943, Robert “Bobby” Hall was beaten unconscious by M. Claude Screws, Frank Edward Jones, and Jim Bob Kelley[1] while in their custody for the alleged theft of a tire;[2] Screws, Jones and Kelley were, respectively, Baker county sheriff, night policeman, and a civilian deputized specifically for the arrest.[3] Without ever recovering consciousness, Hall died as a result of a fractured skull shortly after his arrival at an Albany hospital that morning.[4] The NAACP and FBI investigated Hall’s death in the following months and federal charges were brought against Screws, Jones, and Kelley for violation of Section 20 of the Federal Criminal Code, which stipulates that no person may “under color of any law … willfully” deprive a person of “any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States.”[5] After being found guilty in the lower courts, the defendants brought their case to the Supreme Court on appeal, alleging that they had violated a state rather than federal law and, consequently, could not be held liable under Section 20. The Supreme Court’s central concern in Screws et al. v. United States was to interpret the intent and breadth of Section 20 in order to judge its constitutionality; in doing so, the Court struggled to reach a consensus regarding the definition of state action and the indefinite nature of the rights protected by the statute. Such consensus proved difficult, indeed, as the case was narrowly decided and divided the Court along deep constitutional lines; while a majority of the Court advocated reversal of the lower co...
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[41] Screws et al. v. United States, 325 U.S. 91, 151-152 (1945).
[42] Ibid., 143.
[43] Ibid., 111.
[44] Ibid., 145-146.
[45] Ibid., 149.
[46] Memorandum by Mr. Justice Jackson, February 2, 1945, Jackson Papers, 5.
[47] See Justice Murphy’s dissent, wherein he insists that “it is idle to speculate on other situations that might involve § 20 which are not now before us.” Screws et al. v. United States, 325 U.S. 91, 136 (1945).
[48] Felix Frankfurter to Chief Justice Stone, November 30, 1944, Harlan Fiske Stone Papers.
[49] Justice Frank Murphy’s Notes on Screws et al. v. United States, Frank Murphy Papers.
[50] Screws et al. v. United States, 325 U.S. 91, 139 (1945).
[51] Memorandum by Mr. Justice Jackson, February 2, 1945, Jackson Papers, 6.
[52] Harlan Fiske Stone to William O. Douglas, November 25, 1944, Harlan Fiske Stone Papers.
She dedicates this book to her “..family, and all the families whose lives have been touched by the monster.” Kristina talks about what a horrible person her mother is; a wannabe writer who never spends enough time with her daughter. A step dad who always has a stick up his butt. A brother who is spoiled and is too caught up in sports and video games to notice any change. Her sister is wonderful, but recently came out as a lesbian and caused distance between them so she moved away. Kristina was alone, until she met “the monster”. “The monster” is just a metaphor Ellen uses to describe the drug Methamphetamine, better known a Crystal Meth. Crystal meth can be eaten, snorted up the nose, or
Roper v. Simmons is a perfect example of the evolving role of the Supreme Court, the sources the Supreme Court used to reach the ruling in this case is quite questionable. While I agree with the Supreme Court about protecting the younger citizens of America the Supreme Court must have the law to back up their ruling. Though in this case they do not the Supreme Court used a combination of foreign policy, moral decency, and state laws as the legal foundation for this decision. None of these things are appropriate sources for deciding what is constitutional and what is not. The sources used for deciding the constitutionality of a case are the constitution and federal statues. While the case can be loosely tied in with the eighth amendment clause of “cruel and unusual punishment” there is no backing for the decision made. The Supreme Court with this case decided that it did not overturn the previous case of Stanford v. Kentucky, which ruled on this same issue fifteen years earlier. Yet the court stated that the prevailing moral code had altered therefore they changed their opinion. The truly shocking issue with this is that the neither law nor constitution had changed regarding this issue in the interceding fifteen years. The grave problem with this case is that the Supreme Court used the case of Roper V. Simmons to create law based of invalid sources.
The African-American civil rights movement was a cruel time for the African American race to endure due to the harsh discrimination and segregation that they faced. This movement fought for the rights and the equality of African Americans in the United States. With all that was going on, African Americans turned to music for motivation, courage, inspiration and strength to overcome the difficult obstacles that they would soon face. “Non-violence marchers faced beating, hosing, burning, shooting, or jail with no defense other than their courage and songs” (Hast 45). “It's been a long, a long time coming/ But I know a change gonna come, oh yes it will” (Cooke, Sam. A Change Is Gonna Come). Music was their greatest hope for change in the near future and is the thing that kept them fighting for what they deserved. They came together with each other due to the lyrics of many different songs that kept the civil rights movement alive and known. Music painted a vision that they could picture and look forward to; it was a dream that they could fight for. “Music empowered African Americans to hold tight to their dream of racial equality” (Jeske). A genre of music that bought society together during this movement was folk.
The court case of Plessy vs. Ferguson created nationwide controversy in the United States due to the fact that its outcome would ultimately affect every citizen of our country. On Tuesday, June 7th, 1892, Mr. Homer Plessy purchased a first class ticket on the East Louisiana Railroad for a trip from New Orleans to Covington. He then entered a passenger car and took a vacant seat in a coach where white passengers were also sitting. There was another coach assigned to people who weren’t of the white race, but this railroad was a common carrier and was not authorized to discriminate passengers based off of their race. (“Plessy vs. Ferguson, syllabus”).Mr. Plessy was a “Creole of Color”, a person who traces their heritage back to some of the Caribbean, French, and Spanish who settled into Louisiana before it was part of the US (“The Rise and Fall of Jim Crow”). Even though Plessy was only one eighth African American, and could pass for a full white man, still he was threatened to be penalized and ejected from the train if he did not vacate to the non-white coach (“Plessy vs. Ferguson, syllabus). In ...
Meyer v. State of Nebraska. 262 U.S. 390, 399, 43 Sct. 625, 626, 67 L.Ed. 1042. (1923)
TEXAS v. JOHNSON. The Oyez Project at IIT Chicago-Kent College of Law. 25 January 2014.
In recent years American citizens have increasingly felt the need to protect themselves. This has led to laws being established in many states widely known as stand your ground laws. These laws allow citizens to take action if they feel their life is threatened or they are in potential harm, instead of retreating. Without doubt this has led to much controversy with individuals taking strong stances on both sides of the issue. Some feel it’s a necessity, while others take the opinion that it is unethical and needs to be repealed across all states. With many high profile cases such as the Treyvon Martin case, these laws have come under a lot of fire and scrutiny. Cynthia Tucker who is an African American visiting professor at the University of Georgia, experienced journalist and 2007 Pulitzer prize winner, has established her side of the issue in her article ‘Stand your Ground’ Laws Encourage Vigilantes. In her article Cynthia Tucker strongly takes the stance that Stand your ground laws should be repealed and lead gun totting vigilantes to spread bigotry and racial hate. The author of this article ineffectively demonstrates how ‘stand your ground’ laws have encouraged vigilantism due to her lack of evidence, biased opinions on the matter, and her poor claims related to the topic.
(Attention Getter) It’s very likely that everyone in this room has tried to bake something before and failed miserably. You might have failed because you misread the directions or maybe you tried to substitute an ingredient, and ended up ruining the entire product. Well, I am here to give you guys a quick and easy recipe for chocolate chip cookies that even sleep-deprived college students can follow.
In the midst of the Vietnam war, songs arose about much more threatening subjects. These songs reflect this generation’s increasingly likelihood of being critical of both the war and the government as compared to past generations. The first sign of...
...lationship with Hamlet, seemingly takes her life without any hesitation attributable to her religion. The corrupt minds and actions of the royal family ultimately resulted in their own self-destruction and destruction of Denmark as a whole. Shakespeare creates this indirect suicide as a way to rid everyone of his or her vulnerabilities. He leaves it to the afterlife to distinguish between the good and the evil (Stockton). For all of them, death decides their fate. They leave behind their titles and their treasure and become equal. Coincidentally the characters are all Christian, all believing that suicide is a sin and though indirectly, it is their actions that lead to their demise, which creates speculation around what may happen to them in the afterlife. Shakespeare uses suicide as a way to explore each character and depict their commitment to their religion.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
The family of Michael Brown wanted justice for their son in which they felt was an unjust shooting. His mother was quoted expressing mistrust towards the police, "You 're not God. You don 't decide when you 're going to take somebody from here.” (McLaughlin, E. C. (2014, August 15) The family was obviously hurt by the shooting and wanted justice and support. The community began protesting the shooting and Officer Darren Wilson. Chaos broke out in Ferguson and a State of Emergency was issued. The community felt that the shooting was unjust and did not trust police officers. The community response to the shooting often attracted attention and made many political statements. Darren Wilson’s family were interested in maintaining his innocence. They hoped that the investigation would prove to the world that Wilson acted out of self-defense and did not violate Brown’s rights. The Criminal Justice system’s interests all hoped to create reforms and eliminate racism in police departments. On the local level many had to maintain safety in the community and assure proper police procedures. The state had to step into issue curfews and State of Emergencies to keep the state safe despite protests and riots as well as make sure Darren Wilson did not violate any laws of the state of Missouri. The state also hoped to create reforms to better race relations. On the federal level was the investigation which hoped to find out if the
The Tragedy of Hamlet, Prince of Denmark, is one of the most famous tragedies William Shakespeare has ever written. Found throughout Shakespeare’s tragedy are many religious references. According to Peter Milward, the author of Shakespeare's Christianity: The Protestant and Catholic Poetics of Julius Caesar, Macbeth, and Hamlet, “From a purely religious point of view, which is more than just biblical, Hamlet is rich in homiletic material of all kinds, reflecting almost every aspect of the religious situation in a deeply religious age” (Milward 9). These pieces of religious literature are crucial to the plot of Hamlet. The religious elements found in this tragedy provide the plot, allusions, and foreshadowing.
Being furious about why his mother is marrying his uncle and how weak his own mother’s heart is. “Hamlet embraces his antic disposition the tone becomes more unstable” (Hithchings). Form the start the audience can imagine what would be the mental state of Hamlet, and what will deteriorate him throughout the whole play. “That the Everlasting had not fixed His canon 'gainst self-slaughter. O God, God” (Shakespeare, Act1, Scene2 line131-132). Hamlet wants to commit suicide, but his believing in god is one of the things that stop Hamlet from committing a sin according to Christianity. Shakespeare implemented this for the time period where Christianity is a great influence, which in the play suicide is more sinful than killing their own uncle. Also Hamlet has a deep attachment to his father because of how long he has grieving for