Case Study: US V. Texas

The role of the Judicial Branch of the United States has been the most dynamic throughout the Nation’s history. By adopting the power of judicial review in Marbury v. Madison in 1803, the Supreme Court established its position as being arguably the most powerful branch of Federal Government. However, this also made the Judiciary’s role the most controversial. Should the Court be required to interpret the constitution strictly through the language it contains? Does the Court have the right to overturn morals legislation? Through analyzing court cases like Lawrence v. Texas, one can gain insight on the role of the Supreme Court and how it fits within the confines of the United States Government.

Factual History: In Los Angeles, California during the month of October and year of 2009, Abel Lopez was attacked and robbed by a man with a knife, he later identified as Walter Fernandez. During the confrontation between Lopez and Fernandez, Fernandez informed Lopez the territory in which Lopez was ruled by the “Drifters” After Lopez placed a call to 911, a few minutes after the attack, police and paramedics arrived on the scene. Two Los Angeles police officers, Detective Clark and Officer Cirrito, drove to a nearby alley that was often contained members of the Drifters gang. Here in the ally, a witnesses told them that the suspect was in an apartment in a house located off the

The Department has routinely decided what illegal immigrant’s enforcement policies will focus on and ones it will not. Currently the Department is focused on national security and deporting criminal immigrants unlawfully present. I see no difference in this type of guidance with the type of guidance of DAPA. Under the current enforcement policies, many of the people that DAPA “protects” are not priority immigrants to be deported. DAPA only provides further guidelines to defer the action of non-priority immigrants for priority immigrants. (Petitioners Brief, Coursepack pages 66-67). Furthermore, although the respondents complain that DAPA eliminates discretion because of work authorization and lawful presence (Respondents Brief Coursepack page 37), this seems to be a false claim since discretion to defer deportation always includes work authorization. (Petitioners Brief, Coursepack page 68-69). Finally, in regards to a violation of the “take care clause”, I believe that the argument that the Department uses its discretion to defer action against some unlawfully present immigrants goes against this reasoning. Therefore, I would vote to reverse the lower courts

In August 2009, the Texas division of the Sons of Confederate Veterans a non-profit organization that works to preserve the memory and reputation of soldiers who fought for the confederacy in the Civil War, applied to have a new specialty license plate issued by the Texas Department of Motor Vehicle. The proposed license plate had two confederate flags on it. Texas SCV sued in federal district court claiming their First and Fourteenth Amendment rights were violated.

The Police of Harris County was informed of a weapons disturbance in a private residency. The officers found two individuals of the same sex engaging in sexual, (sodomy), behavior. However, the way the police officers enter the premises, was not at all questioned.

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 case of Johnson vs. Texas, Gregory Lee Johnson was brought to court for burning the American Flag outside of the convention center during the Republican National Convention. The incident occurred in Dallas Texas in the year 1984 when Ronald Reagan was President. The report stated that Johnson was protesting against Reagan’s policies in America. Johnson was proved to be a member of a private institution that promoted the communist movement. His protest against Reagan expressed his dissatisfaction. Johnson was arrested and charged for violating a Texas statue fined $2000 dollars for his actions. In response to the fine, Johnson appealed and took his case to the United States Supreme Court.

In May of 2007, a man entered the Women's restroom at a horse-racing track that was occupied by two teenage sisters. The man asked the sister if they, “want to drink beer or party” (Pet. for Cert. at 2, Pena-Rodriguez v. Colorado, 2012 COA 193 (2012) (No 15-606)). The two sisters declined and the man then turned the lights off in the bathroom. The girls attempted to leave the restroom. The man put his hand on the first sister's shoulder and moved it toward her breast. The sister brushed his his hand away. The man then grabbed the second sister's shoulder and buttocks.

The article titled “City of Dallas to join fight against Texas immigration law”1 summarizes Dallas’ Mayor, Mike Rawlings, recently shared opinions on the Senate Bill 4 that will begin on September of 2017. Like many of the Texans, he currently opposes this bill and states that “[it] is unconstitutional and [will] infringe upon the city's ability to protect public safety.”2 To conclude the article, it states that Dallas will join other cities and take legal action in opposition to this bill, but it is still uncertain if they will file their own lawsuit.

In addition, the second problem of Texas Constitution is too much split of government authority and responsibility, particularly within the executive branch. Texas Constitution states that shall consists of six distinct offices: the governor, who serve as the chief executive; the lieutenant governor, who serves as the president of the Senate; the secretary of state, who keeps the official seal of the state; the comptroller of public accounts; the commissioner of the General Land Office; and the attorney general who act as the state’s chief legal office. too much spilled of government authorities can lead to conflict. The Texas Constitution creates a plural executive which means, an executive branch in which power is fragmented because the election

United States v. Morrison was orally tried at the United States Western District of Virginia court, on January, 11, 2000. Where Christy Brzonkala being the plaintiff, prosecuted both college Varsity football players Antonio Morrison and James Crawford for sexually assaulting her within thirty minutes of meeting her at the Virginia Tech University. She complained to the school staff faculty members about her tragic incident. After making several reproaches to the school and being ignored she decided to withdraw, especially after uncovering in a newspaper that Morrison would be returning to campus in the fall of 1995. Proceeding the events she then filed a lawsuit under Brzonkala v Morrison in which talks about the

The case was Texas v. White. The state of Texas brought suit in the United States Supreme Court to have certain United States government bonds declared the property of the state, and to prevent the present holders of the bonds from collecting upon them. Texas had owned the bonds before the Civil War. As a means of financing during the war, while Texas was a member of the Confederacy, the bonds were sold. Texas now claimed that the sale was void and the bonds still belonged to the state.

In the 2003, the Supreme Court ruled that that state laws banning gay person homosexuality are illegal as an infringement of the privilege to protection. The case of Lawrence v. Texas was a clear takeoff from the Court's conservative procedure in the 1980s and 1990s, which discovered proof of central rights just in exercises the laws themselves considerably ensured ("history and conventions"). Houston police were dispatched to Lawrence's (defendant in the case) home because of a reported weapons aggravation. The officers discovered Lawrence and Garner (defendant) whom at the time was having sex. Lawrence and Garner were charged, indicted, and convicted under Texas law of "deviate sexual intercourse, specifically anal sex, with an individual

MARSHALL, Texas – The Ladies came back from a two-set deficit, but the Maroon and White could not recover from a strong start in the deciding set by the Tigers as Centenary (2-3) fell to East Texas Baptist (4-1) 25-23, 25-22, 22-25, 25-27, 15-7 Tuesday night, September 5.

To start with, all the possible actions Thomas could take would be to fill or not to fill the prescription, re-read the agreement he signed, talk to his employer, or quit his job. Following this, Thomas would need to discard any action which would not be reasonable for others to follow. The option to not fill the prescription should be eliminated because it violates the rule of universality, which means that we should act how others would act. After discarding this, the actions Thomas should proceed with is to fill the prescription because he signed an agreement, talk to his employer about his beliefs, and if Thomas feels the need to leave the pharmacy then he should quit his job. Next, Thomas must discard any action that uses anyone. If Thomas refuses to fill Eve’s prescription, then he is exploiting her by his own benefit because he doesn’t believe in birth control. Eve may need birth control pills for other health concerns. By refusing to fill her prescription he is implicitly harming her for his own benefit.