Essays on Fourteenth Amendment

The case in question represents Abigail Fisher, a white female who was denied admission at the University of Texas since she failed to qualify for the Texas Top Ten Percent Plan. She argued that the university considered many factors to fill the remaining slots including race, which was against the equal protection clause of the fourteenth amendment. The district court, court of appeals and Supreme Court held that the university's admissions process was constitutional (Liptak, 2016). Some judges including Clarence Thomas, Samuel Alito and Chief Justice John Roberts voiced their dissent regarding the ruling. The attorneys, in this case, ...

The Fourteenth Amendment is one of the most controversial laws in the US. The law comprises the bill of rights and has raised diverse views from different people as they seek to explain their understanding of some of the principles promoted by the amendment. One of the principles that is promoted by the Fourteenth amendment is the due process. The clause of due process ensures that states do not interfere with a citizens basic interests without following the due procedure. It is important to understand that each and every citizen has their rights and they are innocent in the ...

Central to the 1956 penning of the Southern Manifesto was the decision to resist the directives that the Supreme Court issued after the Brown v. Board of Education case. Apparently, the mandate sought to desegregate public schools in the United States and among the white supremacists in the South, such a move was a threat to the color line. First, according to the document, the Brown decision was a threat to the people as its effects were going to “[destroy] the amicable relations between the white and Negro races” (Foner 254). Because segregation entailed separating the populace based on ...

I. Introduction A corporation is a common type of business organization in which its owners have the ability to use it as a separate, and distinct legal entity. One of the primary differences between a corporation and other types of business organizations, such as a sole proprietorship or general partnership, is that a duly formed corporation is, legally a person. Moreover, under the law, a corporation is a legal person who the owners, in essence, can control and direct to carry out a range of activities. To be sure, corporations are deemed to have a personality or personhood, including ...

Identifying the problem

This paper addresses the issue of abortion as a societal concern. Evidently, abortion remains both an ethical and social policy issue not only in the United States but also the world society in general. Defined as the act of terminating a human pregnancy in deliberate terms, many people argue that the woman’s decision to abort is their right (Guttmacher Institute, 2016). However, being a social issue, other members of the society, specifically religious leaders, argue against abortion. For those against abortion, they say that it is only ethical not to terminate the child’s life as that may ...

There have been countless controversial issues in the world. One of the most controversial issues is abortion. In recent years, the rate of abortion has increased. In some countries worldwide, the government has already called for the legalization of abortion. Abortion must not be legalized at all due to the many negative consequences it brings including misinformed youths, depression, and law violation. Abortion must be made illegal because it misinforms the youths by giving them the negative notion that abortion is an acceptable procedure. Abortion, for some people, is the easiest way to get rid of the growing fetus. ...

The history of African Americans is an essential part of the whole history of the United States. Starting from the sixteenth century and the beginnings of slavery, Blacks had experienced a lot of struggles and had traveled the long path in order to achieve the social and political equality with western people. During their presence in the United States, they underwent a lot of events that contributed to their rise, supported their pride, and highlighted their racial identity. This paper aims to discuss four of such events and to analyze their mutual influence and significance for the establishment of ...

The U.S. Bill of Rights The Bill of Rights was proposed and passed through twelve amendments but only ten were successfully ratified and became part of the United States Constitution, which was at first considered incomplete because it lacked what proponents called the basic human rights. The common belief at that time was that the framing and ratification of the Bill of Rights was to eliminate fears of the Anti-Federalists that the proposed Constitution did not satisfactorily guarantee individual freedoms. Even if individual liberty was important during the debate for the bill of rights, the Bill of Rights was ...

Marriage is a milestone in every person’s life. Everybody wants their marriage to be protected by the law and have legal rights to marry a person they love. Spouses want to enjoy all benefits of the marriage, which would allow them to get social security, raise children and share possession. To empower the commitment and protect their families, people should be given a civil right of marriage. Nowadays, it is officially stated that marriage is a right protected by the Constitution. However, there were restrictions for gay people, and the question about legalizing gay marriage is still a ...

Civil rights and civil liberties are mentioned throughout the United States Constitution. It is not uncommon for people to assume that both terms mean the same thing. In fact, these two terms have different meanings. Civil rights are a form of equality among the people of the United States. Rights are given to legal citizens of this country and are implemented in the Amendments and the Bill of Rights. There are many rights that individuals can utilize and practice freely. In the Declaration of Independence, it discusses the rights of protection that is guaranteed by the government of the ...

There were a number of cases brought before the Supreme Court of the United States in relation to racial discrimination. In Brown vs. Board of Education, the Supreme Court in the United States declared that it was unconstitutional to continue practicing state laws which separated public schools for Black and White students. The decision ruled that such state laws were a violation of the Equal Protection Clause of the 14th Amendment. On the contrary, Plessy vs. Ferguson the Supreme Court ruled in favor of the state laws that supported racial segregation, especially in public facilities. These laws became practical ...

Throughout the nature of all beings, parents are those who raise their children and have the responsibility for them as well as the right to raise them in the way they see appropriate. Since only the human beings developed its literacy they were the only ones who codified this right of having and raising children. In the United States, the Fourteenth Amendment to the Constitution comprised a statement that “no state [shall] deprive any person of life, liberty, or property, without due process.” (U. S. C., 14th Amendment, 2016, Web) In Mayer v. Nebraska (1923), the Supreme Court of ...

Jakubowicz v. Dittemore, 2006 U.S. Dist. [W.D. Mo.]

Prior to the trial date, the parties informed the Court that they wished to present their evidence in writing. Part of the evidence included the depositions of the Director of Facility Operations for DMH, Felix T. Vincenz, and that of the Deputy Director of DMH, Linda Roebuck. They also wanted to present in writing, various terms that the parties had adopted. The Plaintiffs also presented a memo that was dated April 6, 2005, which was marked exhibit A. Schuffman who had addressed the Memo to all DMH employees had sought to ...

Business Law Case Study

Issues

Was it a proper service when the summons was mailed to the defendant medical clinic? Whether the Minnesota court should invalidate the Tennessee judgment. Rule The general principle under Rule 4 of the Federal Rules of Civil Procedure is that service can be made personally to the defendant, left in their place of residence or business or through an email. For corporations or companies, Rule 4 (B) of the rules states that the summons can be delivered to the defendant’s agent authorized to receive such processes but a copy of the summons must be copied to each ...

The case United States v. Virginia represents the United States’ suit against Virginia Military Institute. Virginia Military Institute is a military school that provides teaching only for one sex, that is for men. The case appealed to the Fourteenth Amendment, namely to the Equal Protection Clause, stating that Virginia Military Institute violated the Constitution. As a result of the Fourth Circuit’s order, Virginia created a program for women in Mary Baldwin College, called Virginia Women’s Institute for Leadership ("United States V. Virginia et al., 518 U.S. 515 (1996)", n.p.). The views dealing with this case were divided ...

Facts and History of the Case

In order to understand the point of reviewing the case of Obergefell v. Hodges, on has to be aware of the facts about the case first. The Obergefell v. Hodges case was a landmark case that was handled by no less than the United States Supreme Court . The main issue at hand was the constitutionality of the previously implemented clauses banning same sex marriages. There were two issues at hand here. The first one was the legalization of same-sex marriage. The second issue was whether the prior and the still existing bans on same-sex marriage were constitutional or otherwise. ...

The first case was a criminal case that involved a woman who was raped in a New York train station, where none of the transit workers had an initiative to help the victim. The main principle of the ruling says that an individual must not be held accountable in cases where he or she was not responsible for putting another person’s life in danger or risk. The court ruled the transit workers not guilty under the application of this rule, because according to the New York judge who held the case, the workers did not have any legal ...

1. Explain in detail the Exclusionary Rule. The Exclusionary Rule is the rule that is generated by the law under the constitutional rights. It does not allow the use of any of the non-legal obtained proof in the trials for criminal under the fourth amendment. It will usually apply for the elimination of the physical evident. The best example of exclusionary rule is stolen property, murder, or weapons that allows the police to catch a break in a case under the rights of the fourth amendment. The exclusionary rule could be under the Fifth Amendment, when no person can ...

Undocumented immigrants are individuals that cross the border into the USA without entry visas, especially individuals that avoid inspection or overstay their time allowed as visitors, tourists, or businesspersons. These illegal immigrants make up about 4% of the American population and account for approximately 8% of the children born. In the first class post, the author collaborates my view that undocumented immigrants’ children should be allowed American citizenship because the children have no control over where they should or shouldn’t be born. I agree with the author that the USA is a land of equality and opportunities that ...

Introduction

The court practice of the United States of America demonstrates that the First, the Fourth, the Eight and the Fourteenth Amendments to the United States Constitution are the most frequently invoked constitutional provisions in the country. Procedural violations of these Amendments are effective tools in the hands of skillful criminal defense attorneys. Analyzing the court practice is the only way to understand viewpoints of the judiciary on these sensitive topics, and to avoid perpetrating procedural mistakes in the future. This paper seeks to analyze the most landmark cases connected with the alleged violations of the First, the Fourth, the ...

The need for the Reconstruction Amendments after the American Civil War act as a reflection of the repression and injustices that black Americans had to contend with at the time. The thirteenth, fourteenth and fifteenth amendments to the U.S Constitution are commonly referred to as the Reconstruction Amendments. They were drafted and passed by the U.S Congress. They were enacted after the American Civil War and were mainly targeted towards imposing civil liberties to all. The amendments were mainly targeted at the slaves and freed men who were predominantly black. The need for amendments to the constitution was necessitated ...

Alignment of the single-sex admission policy of Virginia Military Institution (VMI) aligns with the equal protection clause of the Fourteenth Amendment was the issue raised in United States v. Virginia. VMI has been an all-male institution since its inception in 1839. In deciding that the single-sex admission policy of VMI violated the equal protection clause, the majority opinion relied on ‘intermediate scrutiny’ test applied in the prior case of Mississippi University for Women v. Hogan. In the Hogan case, the Court employed the ‘intermediate scrutiny’ test, but applied this in terms of the ‘exceedingly persuasive justification’ standard. The standard ...

A poor person should have legal representation during trial in order for the proceedings to comply with the right to counsel under the Sixth Amendment and due process clause under the Fourteenth Amendment. Development of this idea took decades and started with providing counsel for those who do not have knowledge of the law, who are also likely to be indigent, and evolved into the appointment of legal counsel for indigent defendants in state courts. In Powell v. Alabama, the case showed that legal representation for the poor during trial was necessary to give effect to the right of ...

Abstract

This paper puts the legal and ethical issues of physician-assisted suicide in the context of the larger debate on privacy and the right to die, which can be divided into three constituent parts: (1) a patient’s constitutionally protected right to privacy in all matters involving end-of-life treatment decisions. So long as a patient has the mental capacity to make informed consent, the government does not have a legitimate interest to override end-of-life decisions. Critical to the analysis of a patient’s refusal of life-sustaining treatment is the burden of the state to prove a patient did not have ...

Introduction

The court cases that happened in the 1920s were mainly based on the federal policies that had been set. Based on the limited travel means, the court system was mainly based on the jurisdictions set within the state lines. The evaluation of the cases in the court system in the 1920s indicated that there was a need for the system to be revolutionized as there was no construct system in place. Prior the 1930s, the government played a small role in the creation of a unified court system, which needed to show coordination in the system. The analysis of ...

When asked to view the documentary Slavery by Another Name, I was expecting to see something about prisoners being used in forced labor by some other country. I was clearly not expecting it to be about the treatment of African Americans in the United States after the Emancipation Proclamation. Based on my understanding of American history, I believed that after the Civil War, African Americans had some struggles, but they were free. I understood that there was still discrimination, especially in the American South, but the former slaves at least had the opportunity to make a living on their ...

The sixth amendment to the United States Constitution is a simple aspect of the constitutional rights of the offenders. It means that if someone is charged with accusations for committing a serious crime and facing a punishment, he/she has the right to have a lawyer to assist in his/her defense. A very substantial part of this concept is if the individual cannot afford to hire such, the offender has to be offered a qualified counsel at public expense. The offender must be notified about this constitutional right at his/her detention along with the rest of the rights that are ...

Legal Considerations in Confinement

Criminal confinement or unlawful restraint can generally be defined as the act of holding a person in conferment or transferring them from their initial location to another place against their wish and will (Criminal Attorney, 2008). The State law categorizes this act as a misdemeanor offense, which may be upgraded to a felony according to the circumstances revolving around the act. Owing to the fact that the Law enforcement bodies are in charge of keeping law and order, they face exemption from the legal penalties of confinement; however, they are liable to face charges in situations that are egregious (Meeropol, 2003). ...

Andrew Johnson is a man who, to this day, remains one of the most controversial American political figures to have ever lived. He is often presented as being a man who fought for the rights of his people but in such a way that indicates that he did not fully understand what it was they wanted. For example, he fought for free public education but did not attend school himself (Schroeder-Lein & Zuczek, 2001, p xv). Andrew Johnson is a historical figure with a number of varying portraits which depend, largely, on the historian’s opinion of him. In his various renditions of Johnson’s ...

Introduction

The main issue that revolves around this case is the issue of Eminent Domain. In KELO V. CITY of New London (2005), the United States Supreme Court upheld the use of the eminent domain power to take property from homeowners for the purpose of economic development. Under the Fifth Amendment, eminent domain may be used only for a public purpose. Conversely, public purpose is a wide notion. At this point Eminent Domain refers to the authority of the government to acquire certain properties for public use, for example building a freeway. The idea dates to the early seventeenth-century; in U.S. law, underneath ...