Civil Liberties Essay The state of being subject only to laws established for the good of the community in regards to freedom, or civil liberties, is a state that was challenged for very many years. African Americans dealt with numerous hardships in order to earn something that should not have been questioned, their freedom. The Supreme Court was given its power by Article III, Section 1 of the constitution. It states that, "The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Given that the Supreme Court is the highest court it has important roles to fulfill such as, it is the last resort for those looking for justice. Due to the fact …show more content…
Board of Education. This Supreme Court case argued that the Plessy v. Ferguson case was unconstitutional because it did not follow the guidelines of the fourteenth amendment. Plessy v. Ferguson states that African Americans will be separate, but equal. However, Thurgood Marshall, a U.S. lawyer, proved that they were not being treated as equals. They focused on public schools of little black children. Thurgood Marshall knew that they were not equals and he knew that something had to be done. He hired the best historians and psychologists around for proof. They showed the Supreme Court that not allowing integrated schools deprived the children of a good education and it created a damaging image of themselves in their minds. Even though Thurgood Marshall was a great lawyer, this case probably would not have been a success if it wasn’t for chief justice Earl Warren. Chief justice Warren was in favor that the Plessy v. Ferguson case was unconstitutional and he knew that times were changing. He convinced the rest of the justices to vote with him and he is the reason that it ended up being a unanimous vote for Thurgood
The supreme Court is the head of the judicial part of Government in the USA, it acts as an appellant court which can also on occasion deal with ambassadorial and diplomat cases. It is separate from the other 2 branches of government in order to remain independent and provides a powerful check on those branches. However it has been criticised by being called democratically lacking. The members have a significant amount of power
The Plessy V. Ferguson and Brown V. Board of Education are two cases that changed the way that we live today in a quite dramatic way. The Plessy V. Ferguson was a case that promoted segregation. The majority voted for segregation and the minorities opposed the idea and the key precedent that was established after this case was that the U.S. Supreme Court didn't base their trial off of the constitution and instead based their trial upon the statement 'separate but equal'. The Brown V. Board of Education case was a case that completely opposed the idea of 'separate but equal' because the whole case revolved around the fact that a mother wanted her children to go to a school that was easier to get to however it was a school that was only for white children so the mother decided to take the case to court and the majority voted on letting the African American students attend white schools and the minorities voted otherwise. The key precedent that was established after this case was that segregation in schools violates the 14th amendment and it should not be permitted by the U.S. Supreme Court. These two cases were important for the transformation for the America we have today, and they influenced America's thought process and actions significantly.
The Brown v. Board of Education was Marshall greatest achievements as a civil-rights Lawyer. The lawsuit was because a group of black parents in Topeka, Kansas were forced their children to attend all black segregated schools. This was one of the most important cases of the 20th century. The Supreme Court’s unanimously ruled that “separate educational facilities are inherently unequal,” On May 17, 1954. Racial segregation of public schools, violated the 14th Amendment. The court’s provided the legal foundation during the enforcement. The inspiration for the American Civil Rights Movement that unfolds over the next decided. His Victory in this case put Marshall as one of the best lawyers in America. As a lawyer he worked on 32 cases and won 29 of these cases.Thurgood Marshall, Jr. his son was born 12 Aug. 1956
Board of Education case overturned the decision made in the Plessy v. Ferguson case. The Brown v. Board of Education case revolved around segregation within a school. An African American third-grade student named Linda Brown was forced to walk miles to attend her school devoted to African Americans, despite there being a school for whites much closer to her. After being refused admittance to the white school, her father, outraged, demanded a legal case. Many other African American parents stood beside Oliver Brown, her father, in this necessary battle. Eventually, the case won in favor of the Browns. Thus, overwriting the Plessy v. Ferguson outcome.
Plessy V. John H. Ferguson dealing with the separation of black and white residents. In 1980 the state of Louisiana passed a law called “ The Separate Car Act” which mandated separate public accommodations for black and whites on railroads. On July 7, 1982 a man named Homer Plessy purchased a railroad ticket and boarded the “whites-only” section of the railroad. Plessy was immediately told to flee the “whites-only” area and enter “black-only” area. Plessy refused and was arrested for violating the Separate Car Act. Interesting enough, Homer Plessy was 7/8th European descent and 1/8th African descent but was considered black. Plessy was then placed into trial in which his lawyers argued the state denied him his rights under the fourteenth amendment which provided equal treatment under the law. Plessy lost every court in Louisiana before appealing to the Supreme Court. In a 7-1 decision, the court decided as long as facilities are equal, their separation satisfied the fourteenth amendment “Separate But Equal”. This was a huge milestone for black citizens in the United States although they later realized it didn’t seem as nice as it did on paper. This was was later overturned by Oliver Brown, et al. v. Board of Education of Topeka, et al in the year 1965 and was mandated unconstitutional for the reason that black facilities weren’t equal compared to white
In fact, this case was actually made up of five different cases that surrounded the same topic with black children wanting to attend a white school. They came from the states of Kansas, South Carolina, Virginia, and Delaware. The court cases involved many famous names known today, such as Thurgood Marshall and Chief Justice Earl Warren (Supreme Court). Earl Warren gave the opinion that even though the cases came from different locations, they all had the same legal question to put into consideration. Before going to the Supreme Court, the five cases were ruled in favor of the school boards by a U.S. District Court with a three judge panel. The case presented in front of the Supreme Court raised questions about legal issues, but the most common one was that separate school systems were unequal and violated the constitution (Administrative Office). At this level in the court system, many justices realized they did not know which way to go in the case. Surprisingly, most wanted to overturn Plessy and claim that segregation in public schools was unconstitutional (Administrative Offices). In the end, Earl Warren was able to get all the justices to agree on one outcome of the case in 1953. By a unanimous vote, Plessy was overturned and declared that segregation in public schools was against the constitution
The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern
“We don’t have the freedom of speech to talk about the weather. We have the first amendment so we can say some very controversial things”-Ron Paul, but we weren’t given the first amendment to disrespect the free thoughts, feelings religions, sexuality and skin color of others. The first amendment guarantees freedom concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the rights of citizens to assemble peaceably and to petition to their government (First
The American constitution recognizes the right to keep arms for defense of person and property as a privilege or immunity that cannot be abridged by the states. The Glucksberg test recognizes the right to keep arms for defense of person and property as a privilege or immunity that cannot be abridged by the states. The 2nd Amendment is unnecessary for applying this right to the states through the Privileges or Immunities Clause. 1: The Right to keep and Bear Arms in Defense of Person and Property Is Deeply Rooted in our Nation’s History and Tradition. Glucksberg Step 2: Describing the Right to Keep and Bear Arms in Defense of Person and Property. Knowing we have the right to own guns is important to those who stand with the 2nd Amendment. If owing a gun makes you feel
Hi, I'm Rory Trosclair and I want to be your next president. I would make a great president because I will stand up for your second amendment rights, I will stop the killing of babies because of abortions, and help make sure everybody has the equal right to marry. I'll also make sure that no legal American is left without a job because of illegal immigrants coming to the United States.
Board of Education was actually the name given to five different cases that were heard by the U.S. Supreme Court already. All of the cases were about segregation in public schools. The 5 cases were Brown v. Board of Education of Topeka, Briggs v. Elliott, Davis v. Board of Education of Prince Edward County (VA.), Bolling v. Sharpe, and Gebhart v. Ethel. Even though there were many differences in the details of the cases, they all dealt with segregation in public schools. They all happened around the same time so the Supreme Court decided to hear them together. When the cases were heard in 1952, the Court put all five cases under the name of Brown v. Board of Education. Thurgood Marshall argued the case before the Court himself. Although he raised a variety of issues, the most common issue was that separate school systems for blacks and whites were very unequal, which violates the "equal protection clause" of the Fourteenth Amendment.. Based on sociological tests and other data, he also argued that segregated school systems were used to and purposely made black children feel less important than white children, and this kind of system should not be
The Supreme Court, which is often referred to as the Court of last resort,” is the highest court within our court system. Only an original ruling by the Supreme Court can change a pre-existing one. They have the authority to decide appeals on all cases taken to federal court or those that have been brought to a state court that handles federal law. Once one of the circuit courts have made a decision on a case, all parties involved in the case can choose to appeal their case to the US Supreme Court. The Supreme Court can decide whether or not to hear a case as where the circuit courts can not . The parties involved in the case are required to petition the court. If the petition is granted, the circuit courts will take briefings and hear arguments. If the petition is not granted, the lower court's judgment stands. The Supreme Court has original jurisdiction in a case. The Supreme Court oversees many types of cases such as most cases involving federal laws or regulations, international and interstate commerce, and cases involving commodaties and securities, to name a few. Where a case was filed depends on the avennue it would take in order to reach the Supreme Court. A Case can start in either the Superior Court or District Court. Cases wouls start in the district court if they involve
The US Supreme Court has a number of powers. These include the power to declare acts of Congress, the executive or state legislatures unconstitutional through the power of judicial review. The supreme court justices are also given the power to interpret the constitution when making decisions, again, through their power of judicial review. It is arguable that it is essential for the supreme court to have such powers in order to allow the American democracy to flourish. However, there is much evidence to suggest that the supreme court holds too much power for an unelected body, thus hindering democracy.
Webster defines civil liberty as a freedom from arbitrary governmental interference specifically by denial of governmental power, and in the United States especially as guaranteed by the bill of rights. Civil liberties are the basic rights, and freedoms that are due to every American citizen. More than often, civil liberties and civil rights are often used synonymously, but those terms are very distinct. A civil rights violation happens during designated situations where a person is discriminated against based on physical characteristics. However, civil liberties deal with basic rights and freedoms that are guaranteed within the Bill of Rights and U.S constitution, inferred over the years by courts, and legislatures. Although, there are many liberties outlined within the United States constitution freedom of speech will be expounded upon.
From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.