Into the 1940S, the Court typically believed that the Fifth Amendment, unlike the Fourteenth did not provide equal protection unlike the Fourteenth. In Bolling v. Sharpe (1954), the Court questioned why state and federal government held different standards to prevent racial classifications. Bolling did state that the equal protection of laws is stronger protection than the due process of law. Bolling finished by saying if the schools are not segregated than the Constitution must hold the government to the same standards. The factors in deciding Bolling are still relevant. The Court wrote that classifying citizens because of their ancestry is ridiculous. In Bolling it was written that, “all legal restrictions which curtail the civil rights of a single racial group are immediately suspect,” (O’Brien 1562). This sentence applies both to states and the Federal Government. Early cases involving discrimination dealt with the Federal Government and later cases did not differentiate between actions States and the Federal Government took to avoid racial classification (O’Brien 1563).
In 1978, the Court dealt had to determine if government action meant to advantage one minority should be more strictly scrutinized. Regents of Univ. of California v. Bakke (1978), was a ca...
... middle of paper ...
...are only acceptable if they are, “narrowly tailored measures,” that promote gripping government interests. Metro Broadcasting is overturned (O’Brien 1564-1565).
This decision reiterates Justice Powell’s ideas from Fullilove. Federal racial classifications must have a compelling government concern, and have a limited scope in doing so. If Fullilove was justification to scrutinize federal classifications less strict than that cannot be done today. Government cannot ignore the effects of centuries of racial prejudice and discrimination. In 1987 the Court unanimously decided that the Alabama Department of Public Safety’s prejudice in hiring was justifications for narrow racial clarifications. If the interest is narrow and a serious government concern than the racial classification is constitutional. The Court of Appeals decision is overturned. (O’Brien 1565-1566)
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Jackson vs. Birmingham Board of Education (2005) Parker, 4 Jackson vs. Birmingham Board of Education (2005): Right to Equal Rights Grace Parker Liberty High School 3AB Jackson vs. Birmingham Board of Education (2005) is a more recent case that still fights against one of history?s most common topics; equal rights. This will always stand as one of the greatest problem factors the world will face until eternity.... [tags: Supreme Court of the United States]
933 words (2.7 pages)
- While researching the various topics to write on, I found a resource online that allowed me to listen to the original oral argument presented at the Supreme Court and the Opinion Announcement delivered by the court. I found the dialogue and the intellectual exchanges to be very interesting and while I found the substance of the topic to be a bit intimidating, I decided nonetheless to try and write about this complex and far-reaching subject. Before I start with the facts of the case, I will need to provide some background which is crucial to the arguments presented in this case.... [tags: Supreme Court of the United States]
968 words (2.8 pages)
- Sandra Day was born on March 26, 1930 in Arizona, but she moved to El Paso, Texas when she reached school age so that she could go to private school. After grade school, Ms. Day attended Stanford University and got her bachelor’s degree in economics. She then continued at Stanford to get her law degree. She graduated from Stanford Law at the top of her class, but she was unable to get a stable position in a law firm in California despite her achievements because in the early 1950s, there were very few opportunities for women in law.... [tags: US Supreme Court]
1697 words (4.8 pages)
- In a governmental context, it can be argued that a court system that does not present a unified position when dealing with legislative and executive branch entities is not, in fact, an equal branch of government. The court system, as a whole, and the Supreme Court itself, in most cases where it is involved, want and need to speak in one voice, with a unified message. This, however, is not always the reality that we see. There are sometimes cases where the justices cannot agree on the outcome. Although the outcome favored by the majority always prevails, the dissenting sometimes choose to voice their disagreement in a public opinion in order to advocate for a different policy they themselves... [tags: Law, Appeal, Court, Court systems]
1238 words (3.5 pages)
- Supreme Court Justice Anthony McLeod Kennedy was born on July 23, 1936 in Sacramento, California (Biographies of current Justices of the Supreme Court, 2016). His father was Anthony Kennedy and his mother Gladys McLeod. His father was a lawyer and lobbyist and his mother was a teacher in Sacramento and later worked in the state Senate (Rosen, 2007). He married Mary Davis and has three children. And he is affiliated to the Republican Party (Biographies of current Justices of the Supreme Court, 2016).... [tags: Supreme Court of the United States, Roe v. Wade]
771 words (2.2 pages)
- As we’ve seen in current politics today, the election of Supreme Court Justices can be incredibly an frustrating process. Under the Constitution, the President of the United States is to nominate a judge, to fill a vacancy, and the Senate is to accept or deny that nomination to the court. Although this process is outlined in the Constitution, the election of a replacement for Justice Antonin Scalia has been hindered by the Senate’s refusal to approve or decline President Obama’s choice of Merrick Garland.... [tags: Supreme Court of the United States]
1088 words (3.1 pages)
- In the eyes of the public, the court of law and justice should work properly to convict those who break the law. While the justice system is effective most of the time in doing so, the cases where it is not effective to affect many lives. The courts work together to produce fair sentences for those criminals. The question of justice being served comes at the end of every court case. Regardless of the severity of the crime or what the crime was, flaws and improper investigating can slip through the cracks.... [tags: Crime, Prison, Criminal justice]
2152 words (6.1 pages)
- Although, anyone who is caught in a zone of conflict is denied the right to have a trial or attorney to prevent any terrorist attacks from happening one of the Supreme Court justices stated that a meaningful opportunity must be given to the individual because he was a U.S. citizen. Justice O’Connor and Kennedy both agreed that Hamdi had to be given an opportunity, so that he could present his case with factual evidence before a final decision was made. The Fifth Amendment contains a Due Process Clause, which is a safeguard from denying any individual the right to life, liberty, or any penalty of the government outside the law.... [tags: United States Constitution]
1009 words (2.9 pages)
- With the recent death in the Supreme Court, the debate of what type of nominee, conservative or liberal, will take the place of conservative Scalia is being carefully watched by everyone. If we evaluate each of the current justices and how they tend to vote on cases, we can see a scatter of between strict originalist conservatives and active liberals on both end of the spectrum. Yet when they caste their votes, do they keep to their original side when first nominated or shift what they believe is right when voting after years on the Court.... [tags: Supreme Court of the United States, Roe v. Wade]
1044 words (3 pages)
- The Supreme Court *Purpose of the Supreme Court* The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. The Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve very important questions about the Constitution or federal law. Appealing the state courts decision, you can ask it to be taken to the Supreme Court. To get their higher opinion.... [tags: Supreme Court Justice Constitution Judicial]
1220 words (3.5 pages)