Case Study: Murphy V. State

Although Etzewieler allegedly knew Bailey was intoxicated, he still allowed Bailey to use his vehicle while he

McCulloch vs. Maryland (1819), the constitutional questions asked were: Did congress have the right to establish a bank? Did the Maryland law unconstitutionally with the congressional powers? In 1816, congress chartered The Second National Bank of the United States. In 1818, Maryland passed legislation to tax the bank and cashier of the Baltimore branch bank James MucCulloch refused to pay the tax. This court case took place in the Marshall court, under federalist, Chief Justice John Marshall who ruled this case in favor of MucCulloch. The court’s decision was unanimous in favor of MucCulloch and, the courts held that Congress had the power to establish a bank but Maryland could not tax the bank and that the power to tax is the power to destroy.

In the supreme court decision that was made with the McCulloch v. Maryland (1819), the second bank of the United States, Maryland had placed a prohibitive tax on the bank notes. In a branch of the second bank Maryland attempted to impede the operation. This case McCulloch v. Maryland had established two important principles in Constitutional law. The first important thing that it applied was the constitution implied powers for implementing the constitution's express powers, in order to create a functional national government. The second important reason was to state action may not impede valid constitutional exercises of power by the federal government. James William McCulloch refused to pay the tax and was appealed to Maryland court because of this and this had begun the trial.

After the death of Senator Sam Foley, Hubert Hopper, a governor, was pressured to select a newly appointed senator.

Constitutional Question: Does the Constitution protect thSe right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives? This questions Due Process of Law.

The court rejects the previous test used to decide Free Exercise cases, the Sherbert test. The state no longer had to prove a “compelling interest” for legislation nor that it was the “least restrictive means” of regulation.

Murphy was on probation after been found guilty of a sex related charge that took place in 1980. Murphy was obligated by the court to enroll in treatment and be honest with his probation officer when they do conduct their scheduled meetings once a month. When Murphy’s probation officer ask him questions Murphy revealed of his past act of rape and murder, that took place in 1974. The offender Murphy claims that his 5th amendment, which allows a person to not incriminate oneself, was violated when his probation officer asked Murphy a series of questions.

Rule of Law: The Due Process Clause requires the government to demonstrate a criminal respondent's blame past a reasonable doubt, and trial courts must abstain from characterizing sensible uncertainty in order to lead the jury to convict on a lesser appearing than due procedure requires. In these cases, the court inferred that, 'taken in general, the guidelines effectively passed on the idea of reasonable doubt to the jury.

There have been many questions and concerns leading to court cases regarding federalism and state rights. Most frequently the Tenth and Eleventh Amendments interpretation plays a pivotal role in these cases. The tenth amendments are powers reserved for the states that are not expressed in the Constitution. The eleventh amendment protects states from getting sued by citizens. The cases Garcia v San Antonio Metropolitan Transit Authority (SAMTA), Nevada v Hibbs and Alden v Maine will showcase if the Supreme Court has been consistent when dealing with federalism and states rights.

Following the termination of the Colorado State University women’s varsity softball team on June 1, 1992; plaintiffs sought reinstatement on the basis of a Title IX violation ("Roberts v. Colorado State University, 814 F. Supp. 1507 (D. Colo. 1993) :: Justia," 1993). The girls found terminating their sports team to be unjust. The plaintiffs argued financial difficulties and lack of participation and support for the boy’s baseball team did not warrant termination of the softball program. They also argued getting recruited to play Division I level softball afforded them a better chance at improving their future. Most girls had a substantial amount of scholarship money that helped them afford college ("Roberts v. Colorado State University, 814

I think with every law, legislature needs to give a guidelines for the courts to follow. They need to set the laws for law enforcement to follow and the courts to enforce. I do not necessarily think they need to get involved in every single case of homicide. With the case of State v Olson, they were involved because the defendant, Duane Olson felt he should not be convicted of first degree manslaughter. Duane Olson was arrested for killing his 6 month old son by shaking baby syndrome. The child was taken to the hospital and put on life support due to brain damage. The child was taken off life support and eventually died. The autopsy disclosed cerebral swelling with bilateral subdural hematomas (State v Olson, 1989). Duane Olson felt that his

Hey guys, I have more information all about the case McCulloch vs.Maryland. Maryland has decided to levy a tax requiring all banks not chartered by Maryland to pay a tax. James McCulloch, cashier of at the Bank of the United States in Baltimore, has refused to pay the tax;Maryland has decided to sue! After losing in state court, he has now brought it to the Supreme Court. The Supreme Court has now ruled that individual states cannot interfere with operations of the national government, whose laws are supreme.

(DOC 1) During the time of reform came World War 1. In 1914 the United States was basically forced to enter the war. Women wanted to take part in the war also, mainly because of how most of the men were going to fight in it. Being that women couldn’t physically fight in the war, they were recruited to work in munition factories. Women were “ filling the gaps left by volunteer and later conscripted servicemen, many taking jobs once believed to be too strenuous for women.” They worked for long hours but that didn’t really bother them because they finally got the chance to be included in the war. Women also created football teams, one being called the Southwick Lilies. This relates to the thesis because before this, women were not allowed or expected to do these type of things, for example, football. Football was always known to be a mens sport but WW1 allowed women to work in factories, which allowed unusual social activities for women.

Terry v. Ohio is an important case in law enforcement. What did the Court say in this case, and why is it important?

Rakas v. Illinois, 439 U.S. 128 (1978) The Court held that a defendant must prove there is a legitimate expectation of privacy for a search to be challenged.