Court And Process : Constitutional Court

The originally Bill of Rights protected the rights of citizens from infringement by the federal government, but made no mention of the states. The Fourteen Amendment, adopted shortly after the Civil War, protected citizenship and individual rights from infringement by state governments. Under the Fourteenth Amendment’s due process clause, the United States Supreme Court began to apply the most important rights guaranteed in the Bill of Rights against the states. This process began in the early 1900s and is known as the doctrine of selective incorporation. Duncan versus Louisiana was the landmark case in which the court incorporated the Sixth Amendment right to a jury trial against the states.

With the young nation of America entered into the 19th century, there were still major issues when it came to the balance of powers of the different government branches. The status of judicial review in the Supreme Court was never pressed upon or given any real structure to. The power of judicial review had appeared many times in history before the set up of the Supreme Court as, in England, Chief Justice of the Common Pleas Sir Edward Coke made the originated the idea . During the ruling of the case of Dr. Bonham’s Case, Coke found that the London College of Physicians had no right to levy fines against anyone who violated their rules. He would later go on to state that, “no person should be a judge in his own case” (Fletcher 12). The act was revolutionary at the time as it set the notion of that an official body of government was needed to give fair governess to the people. The idea would pop up once in a while in events such as the Constitutional Convention where records that were kept by the textbook University of Chicago Law Review saw that “13 out of the 15 delegates made statements that were in support of the idea of judicial review” (Prakash 123). The interesting part about the quote is that it states that the idea of judicial review was in place in America many years before the actually case of Marbury v. Madison. Even in the Federalist Papers No. 78 which was published in May 28, 1788, by Alexander Hamilton, went into lengthy discussion about judicial review. In

Legitimacy of courts has long been an important factor in the judicial system. However, a more recent concern has been diversity. It is becoming increasingly important for the court to represent those who it serves. “The ECJ’s composition remains unreflective of the millions of black and migrant European Union citizens whom it serves”. Judgements of both the domestic courts of England and Wales along with the European Court of Justice, affect the everyday lives of all EU citizens – including those of minority and underrepresented groups. “Outcomes should not be influenced by considerations of political or financial consequences”. Independence is important as it is vital that each judge is able to decide cases solely on the evidence presented to them by the parties in court. Personal independence is always necessary to ensure that the judiciary as a whole of both the land or the community remains independent. In order for the courts to be fully independent, they must represent the diversity of the people and make decisions in accordance with the law with no other influences. With the growing influence of the government over the last century it has become increasingly important that the judiciary fulfils its responsibility to protect the public against unlawful acts of the government. What has therefore also become increasingly more important is the need for the judiciary to be completely independent from the government. The evidence suggests that the courts nowadays are not

The courts play a huge role in the criminal justice system. The dual court system of the United States (U.S.) was established through the U.S. constitution. The court systems have a multiple purposes and elements of court. Federal and state court system is what makes up the dual court system of the U.S. Today the U.S. court system is what it is today because of previous legal codes, common law, and the precedent it played in the past. Making the U.S. court system a vital role in the criminal justice system..

Barron V. Baltimore (1833) is a significant case in history because it concluded that the fundamental rights provided by the Bill of Rights were not guaranteed by the state. The U.S. Supreme Court ruled in favor of Baltimore, concluding hat the 5th amendment was limited and should be followed by the Federal government. Through this case, Supreme Court Justice John Marshall declared that the Bill of Rights applied to the federal government, not including the states. According to Section 1 of the 14th Amendment, “government laws must not abridge upon the life, liberty, or property on an individual without just cause”. Because of the Due Process Clause in the 14th amendment, the decision in Barron V. Baltimore had been

During the reconstruction a the 14th Amendment was passed, it protected the rights of the freedmen. Document A states, “No state shall make or enforce any law which shall abridge [take away] the privileges or immunities of all citizens of the United States.” This was to protect the rights of the citizens of the United States’ rights and to avoid discrimination. This protects the citizens from the state government. Aslo in Document A it states, “nor deny to any person within its jurisdiction the equal protection of the laws.” This segment states that all the citizens must have equal treatment from the government. These laws are still used today and are brought up in courts all over America.

By their actions, Griswold and Buxton violated a statute and were convicted as accessories and fined one hundred dollars each. However, Griswold and Buxton argued that the statutes violated the Fourteenth Amendment, which states “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” After both the Appellate Division of the Circuit

Barron v. Baltimore started in 1833. It was the Supreme Court decision that the Bill of Rights were restraining the national government. In the Supreme Court John Marshall declared that Mr. Barron did not have a claim against the stated because the Bill of Rights does not apply to the states. The Supreme Court emphasized that the Constitution was intened to serve for the people of the United States. Marshall wanted it to apply only to the US government that was created by the Constitution, and not for the individual state’s government. Therefore, the states had filed constitutions that would only apply to them, which limited the power of the state government. Thusly, they interpreted the Fifth Amendment as limiting the power of the general government in which did not apply to the

As the Due Process Clause of the 14th Amendment became the source of various other rights that were inherent to our system of freedoms and liberties, it also became the channel through which the amendments in the Bill of Rights became applicable to the states as well. The landmark case of Mapp V. Ohio is very important, because it set a legal precedent in the courts that held up Mapp’s rights guaranteed to her by the Constitution. This paper will examine the details of this case and trace the historical extension of the federal government's power over the states using the 14th Amendment and the Bill of Rights.

It was not until after the Civil War that the Thirteenth, Fourteenth, and Fifteenth amendments were enacted and began protecting individuals against the states. The Fourteenth Amendment has been the principal means by which this protection has been accomplished. It reads, in part, “No State shall...deprive any person of life, liberty, or property without due process of law.” The Supreme Court had interpreted this guarantee of liberty to embrace the fundamental liberties in the Bill of Rights, meaning that the state governments must observe and protect them to the same extent as the federal government this is also known called incorporation. The amendments in the Bill of Rights are said to be incorporated against the states through the due process clause of the Fourteenth Amendment. There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states.

Brown v. Maryland (1827) confronted the issue of when state authority over interstate commerce terminated and federal authority commenced, having the central focus on the question of whether commodities at issue were still in their unique and original package—if so, then state authority did not end, but if not, then federal authority took over from them when the original package was unwrapped. In Marshall’s last and major constitutional case, Barron v. Baltimore (1833), the chief justice then rejected a dispute by a Marylander that the city of Baltimore had gone against the Fifth Amendment by a harbor-reconstruction program that ruined the worth of his wharf; Marshall declared that the ratifiers and framers of the federal Constitution’s Bill

The Court has promoted both the common good and individuals rights through the 14th Amendment by not allowing states to enforce any laws taking away people’s rights, by not allowing the state to deprive any person of life, liberty, or property without due process of law or denying equal protection of the laws in their jurisdiction.

Ferguson where a man named Plessy refused to move to the colored train cart. He was arrested for breaking a law in Louisiana that white and black must go in separate but equal train carts.After going to court he was later found guilty with the reasoning that the actions used were and holds the tradition and values of this state. A case similar to this is the Brown v. Board of Education which is a group of several cases throughout states like Kansas,Virginia,and Delaware where black children wanted to go into white schools. It violates the 14th amendment because it is known that during the 1940’s black schools had the lowest budget and there was a saying that if black people had a poor education then they would stay in their place in the class system segregation invented.There are many cases of this happening not only in schools but at jobs and communities. By having poor paying jobs and because of that living with bare necessities and not having a good education there was no way black people could have advanced in society to be not be looked down upon.There was also a belief that encouraged a poor education system was a belief that black kids weren’t intelligent enough to deserve a good

In the case of Barron v. Baltimore, 32 U.S. 243 (1833) Mr. John Barron (Plaintiff), sued the city of Baltimore, Maryland (Defendant) for taking his property without compensation. The Plaintiff alleged that the Defendant had ruined his wharf in the Baltimore Harbor by redirecting the streams by depositing around the wharf sand and earth cleared from a road construction project (1). The plaintiff argued that the city’s activities had made the waters around the wharf too shallow to dock most water crafts. As a result, the plaintiff felt his Fifth Amendment right had been violated because the government took his property without just compensation. The state court of Maryland ruled that the city of Baltimore had unconstitutionally disadvantaged

Marshall said that Barron had no legal recourse under the provisions of the 5th Amendment because "the Bill of Rights did not apply to the states and that was that". This remained until the "Civil War Amendments" were passed in 1865 and 1868. It was Justice Brennan's opinion that it was then that the Constitution could be "interpreted to require application of the first eight amendments to the states." Barron v. Baltimore was also an excellent example of judicial restraint or original intent. Marshall interpreted the language of the 5th Amendment exactly as the framers had intended it - the Bill of Rights did not apply to the states.