Davis Vs Beason Case Study

On the fourth of July in 1776 the United States became an independent nation. At that point in time, the foundation for a formal legal system was put into place. One of the oldest sources of law is the common law, which dates back to the colonial days. In the case of Davis v. Baugh, the common law rule was used in the first court trial. Common law refers back to precedent cases of similar disputes and assists the judge in making a decision after comparing both cases. Utilizing this ruling to resolve disputes in court is very helpful because it provides uniformity in court. This rule also provides an expectation of what the verdict will be based off the prior cases. Most importantly, common law allows the judge to remain neutral without the implication of personal bias on each case (Meiners, 2012, pp. 9-10).

In response to the Supreme Court’s ruling in the Santa Fe Independent School District V. Doe (SFISD V. Doe) case, Chief Justice Rehnquist commented, “It [the ruling] bristles with hostility to all things religious in public life” (“United”). Separating religion and state has always been a matter of concern for the United States, as shown by the Establishment Clause in the First Amendment of our constitution. Although there have been many cases revolving around the relationship between the church and the state, SFISD V. Doe is among the most notable. By examining the background, reflecting on the decision, and analyzing the impact of the SFISD V. Doe case,

INTRODUCTION United States Supreme Court case Scott v. Sanford (1857), commonly known as the Dred Scott Case, is probably the most famous case of the nineteenth century (with the exception possibly of Marbury v. Madison). It is one of only four cases in U. S. history that has ever been overturned by a Constitutional amendment (overturned by the 13th and 14th Amendments). It is also, along with Marbury, one of only two cases prior to the Civil War that declared a federal law unconstitutional. This case may have also been one of the most, if not the most, controversial case in American history, due simply to the fact that it dealt an explosive opinion on an issue already prepared to erupt - slavery. Thus, many scholars assert that the

A case challenging a statute as violating a person's rights under the U. S. Constitution.

In August 2015, the case Miller V Davis brought to light the complicated relationship between law and morality. Indeed, Mrs Davis a county clerk in Rowan county (Kentucky), is being sued for not delivering marriage licences to same sex couples as she believes that homosexuality is morally wrong. Thus, despite the fact that same-sex marriage has been made legal by the U.S Supreme Court since June 2015. Ought individuals to apply the law though it is in inadequacy with their moral beliefs? Do the law should be totally free from any moral influence? Many legal scholars have argued on these questions, as well as trying to define the terms “law” and “morality”. While no one has agreed to a universal definition, law can be defined as a “body of rules, whether proceeding from formal enactment or from custom, which a particular state or community recognizes as binding on its members or subjects”. On the other hand, morality is referred to as an “ethical wisdom” , the set of common values unifying a society. This essay will discuss the role of morality in the law, while analysing different legal school of thoughts arguing on the topic. First of all, positivists such as Bentham, Austin and Hart, argued that morality should not interfere with the law as it is created by a legitimate authority. On the other hand, naturalist theorists, such as Aristotle, Fuller and Dworkin, believed in the existence of a “higher law”, highly influenced by morals, has to be integrated in a legal system

So the need for more drastic, shock and awe type actions from people desiring to be heard on any particular matter has been brought to the forefront. This is where the Bill of Rights has drastically come into play. At this point the Supreme Court has to protect the freedoms without stripping Americans of their rights entirely but it also has to protect Americans from those who wish to do harm to others under the protection of freedom of speech or expression. Not only does the First Amendment provide for freedom of speech but also freedom of expression which is as equally controversial. By examining the First Amendment and the protections and exclusions it has provided over the years through three highly controversial cases, it will allow the reader some insight into the difficulties surrounding the protection of free speech. The cases that are to be examined are Snyder v. Phelps, Morse v. Frederick and Texas v. Johnson. All of these cases present a different freedom of speech or expression issue that was brought to the Supreme Court and therefore, set a standard for future rulings regarding that particular issue.

related to the second case, being the second case was fought to reverse the outcome of the first

The Dred Scott Decision was a famous Supreme Court case, deciding over the decision of slavery was legal in the newly discovered territory. It debated over the decision of whether it was legal for slaveholders to take their property into the newly formed territory or whether their property should be freed in this process. The ruling concluded in 1857 and affirmed that slaveholders should have the right to take their slaves to the west . The decision took three attempts to finally reach a conclusion about whether an African American living in recently developed land should be considered free or not. Below I will discuss the life of Dred Scott, the Scott v. Emerson Case, the Scott v. Sandford Case, the eradicating of slavery, and the path to black citizenship in the proceeding decades.

Resident of Shelby County, Tennessee, Charles Baker filed a suit against the Secretary of State Joe Carr. Baker`s complaint alleged that the Tennessee legislature had not redrawn its districts since 1901 in violation of the Tennessee Constitution. Baker then living in the urban area asserted that since the legislature had not been changed in over 10 years this would then affect his vote which would be a violation of the Equal Protection Clause stated in the Fourteenth Amendment. Baker`s objective was to sought after an injunction stopping further elections and reapportionment.

The Joseph Hurtado v. People of California case (110 U.S 516) began on January 22, 1884 and was decided on March , 1884, was between the plaintiff, Joseph Hurtado, and the defendant, California. Hurtado appealed against the conviction proclaiming that he was not indicted by a grand jury based on due process in the Fourth Amendment. The question presented was, “To what principle, then, are we to resort to ascertain whether this process, enacted by congress, is due process?” The amendments that being trialed was the Fifth and Fourteenth Amendment.

My role as Allen Brookson is significant in the case of Brookson v. Carter because I was the first to be wrongfully attacked by Wendell Carter. My role will help to prove that Carter is guilty for various reasons, and why Allen Brookson and Fred Brookson should be offered compensations for both severe physical and posttraumatic stress. The physical injuries sustained were taken to the hospital that resulted in a detrimental medical expense and traumatic stress such has weight loss, chronic anxiety, and insomnia. Essentially, the Brooksons should win this case because Carter committed a Class B misdemeanor by illegally carrying a knife that can injury someone, and we will, too, because of Assault of the third degree, Carter committed assault

The first amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. People have been exercising the first amendment even before it was established. During the Vietnam War, there was a rave of people exercising their first amendment. A landmark case is Tinker versus Des Moines Independent Community School District, 1969. The facts of the case is that a group of public school pupils sported black armbands to school to protest the Vietnam War. Eventually, the group of white teens was garner and suspended for not removing the particular object from their body and was not arrested for breaking the rules. The assembly of teens that was suspended sued the district for violating their first amendment and won the case. Another example

Texas v. Johnson was about a man named Gregory Lee Johnson who burned an American flag for his protest against the Reagan administration policies. Burning the flag brought up the question of what defines speech, and what covers it in the first amendment. Texas’s

After being sentenced Gideon filed a habeas corpus petition to the Florida Supreme Court. Gideon claimed that his conviction was unconstitutional because he lacked a defense attorney at the trial. The Florida Supreme Court denied his petition

In 1892, the Plessy vs. Ferguson case tested these precepts. The majority of the justices agreed with the Assembly’s legislation, however, Justice Harlan questioned the legitimacy of these edicts steadfastly pointing out what he felt was non-compliance with the 13th, 14th, and 15th amendments