Contemporary Issues In Haney Lopez's White By Law

In 1974, the civil rights movement had been over for about 6 years, a gallon of gas cost about 55 cents, and the host of the late night TV show “The Tonight Show” Jimmy Fallon was born. However, those were of little importance compared to the historic case of Tennessee v. Garner. This is a case reminiscent of the recent shootings that have induced the “Black Lives Matter” movement. Although the black lives matter movement was not created until 2013, the public outrage at the Tennessee v. Garner case was similar to the anger shown in protests and online in the past few years. However, there was more to the case than just the shooting of an unarmed black man that made it so controversial.

In 1788, the ratification of the United States Constitution sought to establish the fundamental aspects of the nation’s government, laws, and protections of its citizens’ unalienable rights. Robert G. McCloskey’s The American Supreme Court (2016) explains that, during this period, the prospects of the Supreme Court were essentially unknown. As time progressed, however, the Court began strengthening its legitimacy with its decisions in major landmark court cases which, in turn, established its crucial role in shaping the judicial interests and values of the nation. As such, McCloskey (2016) traces the country’s judicial history by highlighting the Court’s great transitional periods regarding state rights, nation rights, property rights, and slavery. By the start of the 20th century, however, discrepancies began to emerge with the rise of

The late 1700s and early 1800s was a critical time period in American history in which our newly independent nation was beginning to lay down the groundwork for how the country would run. During this time, America was in its infancy and its crucial first steps would dictate how the nation would either walk, run, or retreat. John Marshall, the fourth Chief Justice of the Unites States, was a highly important and influential political figure whose decisions forever molded the future of the American judicial system. Like many other great political figures, much of John Marshall’s influence can be attributed to timing; he emerged just as the United States Constitution came into existence.

A necessary and common fight for equality has been one that has survived throughout all of man’s existence. Due to recent racial divide and the product of racial profiling, a movement has risen up to combat these common issues. The most recent and most well-covered is the Black Lives Matter Movement. Even though it has been lauded by some media sources and individuals as the next great movement to champion for civil rights, the Black Lives Matter movement is not the same as the African-American Civil Rights Movement of the 1960s nor is it likely to be as successful. If the Black Lives Matter Movement continues with discrepancies in ideology, lack of clear leadership, and trends of hate, the movement is doomed to fail.

In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his

The following piece of work will discuss racism within the criminal justice system by viewing the Black Lives Matter movement, the roles of law enforcement and how that effects citizens, and potential solutions to the problems in the system. Within our criminal justice system, it is evident that there is a problem by the ratio of blacks in prison, and the number of police brutality cases in the country.

In the early years of the eighteenth Century, the young United States of America were slowly adapting to the union and the way the country was governed. And just like the country, the governmental powers were starting to develop. Since the creation of the Constitution and due to the Connecticut Compromise, there is the Executive, the Legislative and the Judicial Power. But the existence of those powers was not always that naturally. In these crucial times, the Judicial Power had problems controlling the other powers. It was a challenge for the Supreme Court to exercise the powers granted by the new Constitution. Federal Government was not generally appreciated and

Black Lives Matter (BLM) is a loosely‐coordinated, nationwide movement dedicated to ending police brutality that rose to prominence in late 2014. It takes its name from a hashtag started by three Black feminist activists Patrisse Cullors, Alicia Garza, and Opal Tometi but the movement and the hashtag are not identical (Freelon, McIlwain, & Clark, 2016). BLM has achieved national reputation through their online and offline organizing, obtaining extensive news media coverage and glowing references in music and entertainment television. Based on a horrendous incident that sparked a concern for a lot of Black people across the world, the sudden need for a social movement was born called BLM. Black Lives Matter is a national organization working for the validity of Black life and also working to rebuild the Black liberation movement. Black Lives Matter broadens the conversation and highlight the incidents around state violence to include the ways in which Black people are intentionally left powerless at the hands of the state. This referring to the ways in which Black lives are deprived of basic human rights and dignity. According to the article The Murder of Walter Scott, which talks about race and class, “African Americans are less than 13% of the U.S. population yet they are nearly 50% of those killed by the police. North Charleston has a population of 104,000, 47% Black and the police force is 80% white (Miah, 2015)”.

The Federalists Papers were written in the eighteenth century by James Madison, Alexander Hamilton and John Jay in an effort to persuade New Yorkers to ratify the new U.S. Constitution. These papers are said to be the key that unlocks the true interpretation and meaning of the Unites Sates Constitution. One of the controversial topics relating to the Constitution that the Federalists Papers help to straighten out, is the practice of judicial review by the Supreme Court. In this essay, I will point out many of the examples Alexander Hamilton gives in Federalist No. 78 that support the idea of the Supreme Court having power of judicial review over all levels of

The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican

The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.

For the past few years, racial tensions have been on the rise. Although many actions have been taken to prevent these conflicts from occurring, African Americans are still being undervalued by the state. As more African Americans are being turned away with little to no assistance from the American government, anger and the desire for change increased among them. When Trayvon Martin’s murderer George Zimmerman was acquitted for his crime, a great number of Americans were furious at the outcome. Three African American women named Alicia Garza, Patrisse Cullors, and Opal Tometi expressed their view on a Facebook post titled “A Love Note to Black People” and it ends with “Our Lives Matter, Black Lives Matter” (“Black Lives Matter”). Thus, a new liberation movement for black people was born. The hashtag #BlackLivesMatter rapidly spread throughout social media, bringing awareness of the struggles of African Americans. The Black Lives Matter movement is a call to action to eradicate the dehumanization of African Americans that exists in American society. With the constant targeting of African Americans by the police and the unfair treatment in the criminal justice system, the Black Lives Matter movement is a necessity to combat racism.

The judicial branch, in its conception as outlined in Article III of the constitution was designated the “power to interpret the law, determine the constitutionality of the law, and apply it to individual cases (The White House)”. However, since the ratification of the constitution, much like the other two branches of government, the judicial branch has also experienced an expanded delegation of authority and power. This notion is evidenced in the 1803 decision on the case of Marbury v. Madison where the Supreme Court asserted its power of judicial review by ”blocking last-minute appointments by outgoing President John Adams (Chegg)” by declaring that these actions should not be permitted because the supreme court, under chief justice john Marshall declared them unconstitutional(Cornell). This set forth a very powerful precedent for judicial review, one that continues to play a critical role in political discourse today. Although the evolution of the judiciary commenced following the fallout of the 1803 decision, the courts have delegated to themselves a controversial role as policy-makers in response to societal demands and stresses placed upon the political system specifically during and after the civil rights movement that occurred in the United States during the 20th century. This expanded role into the realm of actual policy making is derived from the belief that the constitution is indeed a living and flexible document that must retain the capability for change. As the

“Black Lives Matter” —an intended progression in society without a hierarchy, merely marching forward by spur of the people. Started by three sisters who continue to keep the organization a chapter-based, left wing social justice operation, it can best be described as “Not a moment, but a movement” by those that follow it. The case that began this outcry involved a man —George Zimmerman— whom, according to Lizette Alvarez and Cara Buckley (2013), “was found not guilty [of] second-degree murder [and] was also acquitted of manslaughter, a lesser charge.” (para. 1). Since its initial start in 2013, the movement follows and protests against police brutality and civil injustice towards individuals of the Black minority; however, this is a prime example of hate breeding hate as the movement, has opened a new floodgate full of antipathy aimed towards the White-community and Law Enforcement Officials. In short, the initial idea of “Black Lives Matter” —which is to bring civil justice to the Black-community— is a good concept, but the execution by its adherents are, ironically, bigoted; the movement needs to either evolve its state of thought or disperse before it further segregates America.

In 2013, a movement called Black Lives Matters was started after George Zimerman was found not guilty of the murder of Trayvon Martin. Many Americans complain again the injustice and rallied together to form the Black lives matter movement. The Black lives matter movement though has many issues within their movement, but the main issue is that the people of the movement are segregating themselves from other races whenever they say the words “black lives matter”. That’s why the phrase “All lives matter” has come about. The term “All Lives matter” is stating that people of this movement care about all people instead of just one color, that the movement does not support the supremacy of a race & Radical Organization, and show that the police force is not discriminative towards any one race.