Hollingsworth V. Virginia Hollingsworth v. Virginia was the court case that initiated in 1792 in which it ruled the president possesses no formal role in the ratification of constitutional amendments. This case went on for 6 years and began as a suit against the state of Virginia by the Indiana Land Company. The 11th amendment deals with each state's sovereign immunity and was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v. Georgia. In other words it prohibits federal courts from hearing cases lodged against a state by a citizen or by another state. The Eleventh Amendment was passed to overturn the Supreme Court ruling in the 1793 case of Chisholm v. Georgia. Alexander Chisholm of South Carolina filed suit against the State of Georgia for breach of contract, seeking payment for goods supplied to Georgia during the War of Independence. Levi Hollingsworth was a merchant from Pennsylvania who owned shares in the Indiana Company that was involved in land speculation. The company was seeking to resolve a land claim with the state of Virginia regarding land in what is now West Virginia. Hollingsworth replaced the previous case against a man named William Grayson who was from the state of Virginia. The replacement was made when the Supreme Court ruled that a citizen or another state could sue a state. There were two main problems the first was whether the 11th amendment was valid because it hadn’t gotten approval from the president yet. The second
As technology advances, the world is forced to adapt as an increasingly quick pace. Specifically, our justice system must consider the constitutionality of surveillance and other information gathering techniques and how they coincide with current interpretations of the Fourth Amendment which protects citizens against unreasonable searches and seizures. The Supreme Court addressed this issue in the 2013 case of Maryland v King explicitly related to the legality of DNA collection of individuals early in the booking process for serious crimes. In a 5-4 decision, the Supreme Court ruled that pre-conviction DNA collection of those arrested for serious crimes is constitutional and does not violate the Fourth Amendment; a decision that will
On July 11, 1958 a couple of hours after midnight, Richard Loving a white man and Mildred Loving an African American woman were awakened to the presence of three officers in their bedroom. One of the three officers demanded from Richard to identify the woman next to him. Mildred, full of fear, told the officers that she was his wife, while Richard pointed to the marriage license on the wall. The couple was then charged and later found guilty in violation of the state's anti-miscegenation statute.
In a quick observation, it may be easy to observe that the Constitution of Virginia is much larger in length and detail than the United States Constitution. There are many differences between these two constitutions besides the authors or contributors being that James Madison contributed to both, however, he was not the complete author of the Constitution of Virginia (Constitutions of Virginia). Both Constitutions have the same idea in which it holds three separate branches of government, however, differences include the detail and content brought amongst the articles. Differences include, but are not limited to, division of the three branches, extra articles and policies, and the amendments. They
Maryland in (1819), Gibbons vs. Ogden (1824), and Supreme Court vs. Comstock (2010) it brings in the topic of enumerated powers. For the Supreme Court each opinion differed, because one was interpreted with a “few and defined” powers that the Congress can exercise, while the majority opinion Congress has the implied power to criminalize any conduct that might interfere with an enumerated power exercise. Enumerated powers as explained before are powers that are just granted to Congress. In the end they did choose to keep the necessary and proper clause due to the fact that it met all the needs concerning our federal
United States v. Jones is one of many cases that the Supreme Court has ruled on. The case was one of the few cases that has a unanimous ruling. Evening though there was a unanimous rule there was still a debate on reasoning behind the ruling. The debate is between privacy given to a person’s property and a person’s expectation of privacy. United States v. Jones deals with a global positioning device attached to Jones’ car by officers without a warrant. The Supreme Court ruled that the attachment of the global positioning device was a violation of the fourth amendment. Justice Scalia gave the plurality opinion and their reasoning was that the intrusion on the car made it a violation of the fourth amendment.
Jones v. North Carolina Prisoners’ Union Court cases over time have come forth and altered the course of this country and even the world. While this case didn’t really affect the world, Jones v. North Carolina brought forth an important question on prisoner’s rights. Jones v. North Carolina was a court case in 1977 that brought forth the debate if workers in prisons have the right to join a labor union. The details of the court case and thoughts on if the court was justified in their ruling will bring to light of what sort of value as a human being do prisoners have.
Summary: Some of the issues were the people that denied to agree or support the constitution. Some states did not favor the way the government limited the power for the federal government because they were scared it would overrule state laws and disliked how citizens were able to control as well. Analysis: There were issues because several of states took quite a while to ratify the constitution. The constitution needed at least 9 out of 13 colonies to ratify, however the states did not support the new system. It took 10 months for 9 colonies to ratify. Although, it took almost an year the constitution was
The Commonwealth of Virginia v. Allen (609 S.E.2d 4, Va. 2005) was a fascinating case. The case focused on two expert witness testifying for the state and the other for the defendant, and if they acted and behaved ethically during the proceedings. Successive information will be addressed to prove the thought process behind my opinion given in this case. The APA code of ethics and specialty guidelines will be used to support my reasoning. Furthermore, they will serve as a baseline of boundaries within the profession to determine the expert witness’ influences to the case as well as their behavior within the profession.
The United States Supreme Court was, and still is today, the important backbone of America’s judicial system. This court deals with numerous cases throughout the year and keeps the country and government fair with its decisions. However, being responsible for giving justice where it is due, the Court is sometimes faced with hard choices that will make a lasting impression on the U.S. and its people. In the case of Loving v. Virginia, it did just that. As a Supreme Court landmark case, Loving v. Virginia definitely indicated a critical moment of change in civil rights for America and interracial couples everywhere.
Facts: In 2000, California voters adopted Proposition 22, defining marriage as a relationship only between a man and a woman. The California Supreme Court invalidated Proposition 22 and California began issuing marriage licenses to same-sex couples. The Proponents of Proposition 8, who opposed same-sex marriage, collected signatures and filed petitions to get Proposition 8 on the ballot. In November 2008, California voters approved Proposition 8, "which added language to the California Constitution that defined marriage as a union between a man and a woman" (Santoro & Wirth, 2013). Two same-sex couples applied for marriage licenses and were denied, then brought suit under 42 U.S.C.S. ยง 1983, based on the idea that Proposition 8 violated equal protection. The State of California refused to argue in favor of Proposition 8 and the original proponents of Proposition 8 sought to defend the law. In May of 2009, Proposition 8 was ruled unconstitutional by a California District Court, which held that it violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The Ninth Circuit affirmed the trial court's decision. The case then came before the Supreme Court. However, the State of California is not defending Proposition 8; instead, a mix of private parties is defending the law. This has led to questions about standing as well as the constitutional issues in the case.
Going against the Supreme Court, which is the supreme law of the land, in the Worcester vs Georgia case demonstrates how Andrew Jackson abused his power as president. John Marshall, the chief justice at the time, ruled that the United States did not have possession or legal jurisdiction over Native American land, and no individual states had authority in Native American affairs. However, Jackson went above this, since the court did not order marshals to enforce it. In the Indian Removal packet, it was stated that in May 1830, Jackson signed the Indian removal act to exchange land with Native Americans. To do this, he coerced tribe leaders, sometimes by getting them drunk or high, into signing away their land through removal treaties. In the
The United States Supreme Court consists of eight associate justices and one chief justice who are petitioned more than 5,000 times a year to hear various cases (Before the Court in Miller V. Alabama, 2012). At its discretion, the Supreme Court selects which cases they choose to review. Some of the selected cases began in the state court system and others began in the federal court system. On June 25, 2012 the justices of the Supreme Court weighed in on the constitutionality of life without parole for juvenile offenders. The case was Miller v. Alabama and actually included another case, Jackson v Hobbs, as well (2012). Both were criminal cases involving 14 year old boys who were
Griswold v. Connecticut is another case where the Constitution, created by the Founding Fathers of the United States, does not explicitly shows, or proves, certain rights. It is known since the Constitution was written, many chances have been made and the purpose to establish some rights, which at the time might have been left out or simply did not concern the citizens during the time era, might have not been clear. Many historians, politicians and citizens happen to believe the U.S. Constitution is and will always be a living document given the previous ratifications and amendments which have been done. Times have changed and technology together with medicine is no longer the same used when the document was created. It was impossible for the
The four D’s of negligence are duty, dereliction of duty, direct or proximate cause, and
Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent