Missouri V. Mcneely ( 2013 )

McCulloch v. Maryland case goes back to the 1800s when the State of Maryland, being unhappy with the rising power of the Bank of the United States, enacted a statute imposing a tax on all banks operating in Maryland not chartered by the state. The State of Maryland sued James McCulloch, the cashier of the bank of the Baltimore branch, for issuing bank notes without obeying to the state’s law and for failing to pay the taxes to the state. The main issues that were raised during the case were: whether or not the Congress had the power to create a bank under the Constitution and whether or not the State of Maryland had the power to impose taxes on a federal bank which was created with authorized powers under the Constitution. The case was

The case Cruzan v. Missouri Department of Health was heard by the Supreme Court in 1990. Originally the case was started when the Missouri Department of Health refused the request of Nancy Beth Cruzan's parents to take their daughter off of a Feeding and Hydration Tube that had been on their child for 3 years. Nancy Cruzan was driving one night and it was guessed her car hit a ice patch and spun out of control. Nancy was thrown 30 feet from her car (she was not wearing a seatbelt) and was found by a trooper who could not tell how long she had been face down in the snowy ditch. At the hospital the doctors noticed that she had been without oxygen in her brain for fourteen minutes. Any person who is without oxygen in their

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.

McCutcheon v. FEC was a landmark case in American campaign finance law which challenged that it is unconstitutional to limit an individual’s donations to as many parties as they want because in doing so their freedom of speech is being violated. The plaintiff is Shaun McCutcheon who is part of the Jefferson County Republic Party Steering Committee as well as the Reagan Foundation. The Republican National Committee was also a plaintiff. This case is a constitutional challenge to aggregate limits on contributions to federal candidates and to political committees such as PACs and parties. These aggregate limits restrict the total amount of money an individual may contribute to all candidates or all political committees during an election cycle. The plaintiff did not challenge the individual contribution limits on particular political entities but challenged the additional cap BCRA places on the total an individual can place on all political contributions. BCRA stands for the Bipartisan Campaign Reform Act of 2002, which addressed two main issues: “prohibiting national political party committees from raising or spending any funds not subject to federal limits . . . and the proliferation of issue advocacy ads” (which is defined as “electioneering communication” and was over turned in Citizens United v. FEC) (Campaign Finance Law Quick Reference for Reporters). So what does this mean exactly?

1. In 1819, McCulloch v. Maryland was a landmark decision deciding that the State of Maryland at the time cannot hinder federal banks by forcing a tax on banks not chartered by Maryland. At the time of 1810, banks were collapsing due to an economic downfall of the war of 1812. The banks that survived that were licensed by the States lacked a lot of recognition and trust to move forward after the war to make an economic push. Then in 1816, Congress granted a charter to the Second Bank of the United States and also provided one-fifth of the nation’s capital of $35 million.

In 1886 the US Supreme Court declared that states could not regulate commerce that went beyond their boundaries in the Wabash, St. Louis and Pacific R.R. versus Illinois case. The decision provided the basis for the formation of the Interstate Commerce Commission in 1887. The Interstate Commerce Commission was a regulatory agency in the united states. Its purpose was to regulate railroads to ensure fair rates, to regulate rate discrimination and to regulate other aspects of common carriers, including interstate bus lines and telephone companies.

The case of Kusmider v. State, 688 P.2d 957 (Alaska App. 1984), was a state appeal’s court case that addressed the chain of causation for a murder, which had occurred, and the actions of the trial court judge (Brody & Acker, 2010). In this case, the appellant, Kusmider, appealed his conviction for second degree murder, based on the fact that the trial judge did not let him introduce evidence, which may have shown that the victim may have survived his wounds, if not for the actions of the paramedics.

In the article, "Supreme Court to Review Laws Criminalizing Refusal of Body Substance Tests" by Adam Liptak from The New York Times, Mr. Liptak discusses how there were different interpretations of the fourth amendment among the states and how people challenge the state's interpretations. The issue of this article is, "Is it a violation of fourth amendment right to be unable to refuse breath, blood or urine tests when one is suspected of drunk driving?" In U.S., 13 states have laws that make it a crime if one refuses to be tested. The Supreme Court reviewed three cases to decide whether they would challenge the laws or not. For example, in a Minnesota

Laws are enforced to provide our society with safety, boundaries, protection of rights, and overall justice. The United States Constitution and Bill of Rights were established years ago to reduce the tensions and conflicts of our newly founded nation. It sought out to accomplish this by providing justice through an equal voice for all citizens. However, this equal voice for justice more often times than not is squandered and diminished. Things such as race, religion, and culture often times blur the lines of the law and fair outcomes in a court. Individuals feel that their beliefs are more important than the protection of rights and the deliverance of law or the law itself cannot go outside of its limitations to provide justice. This is apparent in the court cases of Marbury v Madison, Plessy v Ferguson, and the book To Kill a Mocking Bird by Harper Lee. These cases clearly exemplify that the law does not always provide justice, although it endeavors to do so.

1. How, if at all, can you distinguish Greber from other instances of payment for professional services? Suppose the percentage Dr. Greber paid to the physicians had not exceeded Medicare’s guideline? Would that payment still amount to prohibited remuneration in this court’s eyes?

The Supreme Court made it clear with its ruling that, police do have the authority to stop or detain an individual for a questioning for a short-term period without probable cause if he/she make have or about to commit a crime. This ruling is important because it gives police officer the authority to help protect him/herself as well as the community. It also puts steps in place to protect citizens from unreasonable search and seizure that is protected our Fourth Amendment right. In the case of Terry v. Ohio a police detective observed two men walking up and down a street several times and gazing into a store window. The officer observing conduct from the individuals that would lead him or her to suspect that a crime has already happened or about to happen is one of the necessities need to consider this as a valid stop. The officer identified himself as an officer of the law and began to inquire and request identification. The officer in this case followed the required guidelines for a valid stop. In return the Supreme Court ruled that this was a valid stop and frisk. According to United States Supreme Court TERRY v. OHIO, (1968) MR. JUSTICE HARLAN, concurring. While I unreservedly agree with the Court 's ultimate holding in this case, I am constrained to fill in a few gaps, as I see them, in its opinion. I do this because what is said by this Court today

The right to a speedy trial is considered an essential part of the due process applicable against the states because of the decision in the case of Klopfer v. North Carolina (1967) and ultimately the inclusion of it within the fourteenth amendment, that was granted by the doctrine of selective incorporation. In this particular case, the defendant Klopfer appealed to the supreme court because his trial had been postponed to be brought up again in the future when desired. Klopfer claimed that the right to a speedy trial, granted by the Sixth Amendment, should be pertinent to a state’s criminal prosecution due to the Due Process Clause of the Fourteenth Amendment (Ingram, 2009). The case was examined by the supreme court who ruled that the right to a speedy trial is a crucial basic right, just as the other rights guaranteed by the Sixth Amendment, that has been around for a very long time (Steinberg, 1975).

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

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

In the case of Kennedy V. Louisiana Patrick Kennedy was found guilty in raping and sodomizing his eight-year-old stepdaughter in a Louisiana courtroom. Mr. Kennedy refused to plead guilty and stated the crime was committed by two young boys from the neighborhood. He was convicted sentenced to death 2003. On March 2nd 1988 the victim sustained severe injuries; the injuries required emergency surgery because the rape was so brutal. Louisiana law authorized capital punishment for the rape of a child twelve years and younger. Mr. Patrick Kennedy challenged his sentence under the eighteen amendments as cruel and unusual punishment. The Louisiana Supreme Court declined the challenged that the death penalty was not too harsh for such a wicked crime. In a Supreme Court decision Coker v. Georgia 1977 the United States Supreme Court concluded that capital punishment for rape of an adult women was not applicable if the victim is a child and if it did not result or contemplated in result of a death. The court discussed a number of Supreme Court case related to child vulnerability and the death penalty. In the case of Roper V. Simmons the court ruled that the death penalty could not be applied to a person if the crime was committed when they were under the age of eighteen. In another case, Atkins V. Virginia the death penalty could not be placed on a mentally ill person. The petitioner Kennedy argued that in all these cases they do not establish conformity.