Lawrence V. Texas : A Case

The 8th amendment states, “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Which brings me to the case of Thompson vs. Oklahoma. The debate is on whether or not capital punishment should be given to minors. On one hand, some may argue that Thompson should have been charged with capital punishment because “his acts were heinous and cruel” (Pearson Prentice Hall: n.d.). On the other hand, others such as Oklahoma argue that it is a violation of the 8th amendment under “cruel and unusual punishment.” This creates the argument of Thompson vs. Oklahoma.

The position of the Supreme Court in American society is quite simple: to interpret the Constitution and settle case disputes with the limitations that are binded by our law. While one perspective of the debate states that the court is unbending in their ability to make policy, while the other claims that the court breaks free from these limitations that are binded by our law and are politically dynamic in nature.These are known as The dynamic court and the constrained court are two alternative constructions of the role of U.S. courts in producing significant social reform (Rosenberg, 1991). The balance of these two views rely on the interaction between doctrinal,

In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in privacy. The case attracted much of the public

The Supreme Court often oversteps its perceived legal sovereignty when using judicial review. Article III of the Constitution solely vests the courts the “judicial power of the United States” never mentioning the power of judicial review. The judiciary’s duty, according to the law of the land, is “to interpret the laws, not scan the authority of the lawgiver” (Gibson, J.). The judiciary has not followed a strict interpretation of the constitution; rather, it has encroached on the power of the legislative branch and the sanctity of the separation of powers. If the Constitution “were to come into collision with an act of the legislature” (Gibson, J.), the Constitution would take precedent, but it is

“According to estimates from the 2013 ACS, the U.S. immigrant population stood at more than 41.3 million, or 13 percent, of the total U.S. population of 316.1 million. Between 2012 and 2013, the foreign-born population increased by about 523,000, or 1.3 percent. U.S. immigrants and their U.S.-born children now number approximately 80 million persons, or one-quarter of the overall U.S. population.”People for in other countries that come to America are known as immigrants. They can be categorized as illegal or legal immigrants. Recently there has been a case (Texas v. United States) which corresponds with immigration in the United States of America. Now, it is seen as inhumane to break up families in the United sates, It’s illegal for states to sue the U.S., and the general public does not need time to react to the new program in motion.

The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,

“Justice is not to be taken by storm. She is to be wooed by slow advances. Substitute statute for decision, and you shift the center of authority, but add no quota of inspired wisdom.” —— Benjamin N. Cardozo[1]. In the view of many citizens, Supreme Court Justices are like legal machines, interpreting constitution to promise American people of equal justice. Throughout American history, numerous case laws have established the pattern of judicial decisions of U.S., thus making little room for new legislation. However, even Supreme Court Justices are human beings, who can be influenced by various factors. It’s not that simple to determine the inclination of a justice to his or her religious belief, political philosophy and ideology. The essence of judicial process requires a justice to vote under any circumstance based on law, precedents and most important, constitution. No Supreme Court Justice will say that he or she has personal or political

Nevertheless, some critics argue that the judidicary, some critics argue that the judiciary are the final arbiters of what is meant by the principle of separation of powers, which therefore provides the judiciary with subordinate levels of power. Moreover Chief Justice Hughes concluding that the ‘Constitution is what the judges say it is’ due to ability to interpret the constitution. In America, although Congress may new laws affecting courts, ultimately judges decide.

In the Case of Missouri v. Seibert, a mother named Patrice Seibert was convicted of second degree murder. Patrice Seibert had a son named Jonathan who was twelve years old and had cerebral palsy. Jonathan Seibert suddenly died in his sleep, and his mother thought that she would be held responsible for his sudden death. Ms. Seibert then devised a plan with her two older sons and their friends. She wanted to cover up the death of Jonathan, so she conspired with her sons and their friends to cover up the death by burning down their mobile home. Donald Rector was a mentally ill individual who stayed with the Seibert’s and later died as the home went up in flames. Several days later, Seibert was taken into the police station and questioned about the mysterious mobile home fire. While being interrogated, the officer waved Ms. Seibert’s Miranda rights. She was questioned for thirty to forty minutes before she was given a break. While being questioned, the officer hoped that Ms. Seibert would voluntarily confess to the crimes that had taken place. After her break, she was then questioned a second time. This time, the officer turned on a recorder and then read Ms. Seibert her Miranda Warnings, and the officer also obtained a signed waiver of rights from Seibert.

The establishment of one of the most influential powers of the Supreme Court--the power of judicial review-- and the development of the judicial branch can be attributed to Marshall’s insightful interpretation of the Constitution ("The Marshall Court”).

Hernandez V. Texas is based in the 6th amendment, “guarantees a defendant a right to counsel in all criminal prosecutions”. This case is a very well-known because there was too much of discrimination towards Hispanics. Pedro Hernandez is a resident at Edna, Texas, a Mexican guy who was accused of convicting the murder of Joe Espinosa who was also a resident of the same area. Hernandez was found guilty by an all-white jury going all the way to Supreme Court. Their lawyers argue that it wasn’t fair for them not having a Mexican American as a jury and there was only Americans, because in that way they would take advantage of a Mexican American to do whatever they wanted to do with him. In the 1950’s was when this case occurred and also there was a harsh discrimination to Mexican Americans from the white people at the United States. Mexicans and African Americans were just a “waste of time” for the white people, that’s how the white people thought about them. History, discrimination and how did this issue impact police, court, and corrections are essential things that will be cover.

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.

Texas v. Johnson (No. 88-155). Argued: March 21, 1989. Decided: June 21, 1989 In 1984 the Republican National Convention was held in Dallas, Texas. While there, a group of protesters, opposed to President Reagan's reelection, burned an American flag. Specifically, Greg Johnson was seen dousing the flag with kerosene and lighting it on fire. Johnson was arrested under a Texas flag desecration law. He was convicted and sentenced to one year in jail and fined $2000. The State Court of Appeals affirmed but the Texas Court of Criminal Appeals reversed the decision.

The first part of this essay will provide a brief insight into the history of the Supreme Court, the original intentions of the founding fathers and a discussion on how they idealized the relationship between politics and the law. The second section will explore how the contemporary process to which judges are appointed has become significantly influenced by politics. The third section will discuss how the Supreme Court overstepped its boundaries on constitutional interpretation in the Roe v. Wade case. The final section will unpack the importance of partisanship and ideological politics and discuss how it impacts the function of the Justices in their

As humans have to learn how to tolerate others diversity. It is important to accept others no matter how crazy it may sound to you. The lottery was about a small village that had a certain way of things and did the “lottery” every year, meaning you would pieces of paper and sorry not sorry but if you had a dot you were gonna get stoned by your friends and family and people you knew on a personal level. Texas v. Johnson Majority Opinion is about how people are getting kinda defensive about how others treat the flag. The Wife’s Story is about a family whom in the beginning we are lead to believe they are just a normal family but we soon realize they're not so normal after all. “The lottery”, “Texas v. Johnson Majority Opinion,” both support