Societal Values Of The Buck V. Bell Decision

In 1788, the ratification of the United States Constitution sought to establish the fundamental aspects of the nation’s government, laws, and protections of its citizens’ unalienable rights. Robert G. McCloskey’s The American Supreme Court (2016) explains that, during this period, the prospects of the Supreme Court were essentially unknown. As time progressed, however, the Court began strengthening its legitimacy with its decisions in major landmark court cases which, in turn, established its crucial role in shaping the judicial interests and values of the nation. As such, McCloskey (2016) traces the country’s judicial history by highlighting the Court’s great transitional periods regarding state rights, nation rights, property rights, and slavery. By the start of the 20th century, however, discrepancies began to emerge with the rise of

The United States was founded on the belief that every man has “certain inalienable Rights.” Not until ninety years later, however, when slavery was abolished did the United States actually offer these “Rights” to all of its citizens. The 19th century was turbulent time of stress and change for America. One of the most controversial dilemmas was the issue of slavery. Slavery was conceived by many to be morally wrong, and it undermined America’s most valued beliefs. Despite this inconsistency, slavery was still widely supported and permitted out of economic necessity in the South.

The district court ruled in McCorvey’s favor on the merits, but didn’t grand an injunction against the enforcement of the laws barring abortion. The courts decision was based upon the Ninth Amendment.

They also stated that the fetus wasn’t a life until the first trimester of pregnancy. Due to this case and the ruling of it all states have legalized abortion.

This case challenged the rights of marital privacy within the home. In 1961, Griswold and her partner, Dr. Buxton, opened a birth control clinic in New Haven, Connecticut. A law enacted in 1879 made it illegal to use anything to prevent contraception in the state. That’s right, nothing could be used to prevent pregnancy. Consequently due to their actions, Griswold and Buxton were arrested, tried, found guilty, and fined to pay $100. Griswold appealed her conviction to the United States Supreme Court, arguing that the state was in breach of multiple amendments including the fourteenth, first, and of course, the third amendment. The argument based on the third amendment was that the home is and should be a private place. No one is to know what happens in the home, or in the bedroom for that matter. The only way to prove that the women who visited the clinic were actually using birth control would be storm their homes. In the end, it was found that Connecticut's actions were unconstitutional and this court case paved the way for future cases such as the famous Roe vs Wade

This controversial case ruled that a woman’s ability to be able to chose to get an abortion is considered a protected liberty. It also concluded that this

The Fourteenth Amendment states "...nor shall any state deprive any person of life, liberty, and property, without due process of law, nor deny any person within its jurisdiction the equal protection of the law.'" (Davidson, J., & Stoff, M. (2007). America, history of our nation: Independence through 1914 (California ed., p. 118) Upper Saddle River, N.J.: Pearson Prentice Hall). This Amendment is stating that all people have the right to life, liberty, and property under the protection of the states. This case relates to the Fourteenth Amendment, Section 1, because they questioning if it is within Nancy Cruzan's rights to keep on living even if she cannot say what she does or

The Court reasoned that the Washington statute violated parents’ rights under the Fourteenth Amendment’s Due Process Clause because it stripped them of the autonomy to make best care decisions for their young.

“The purpose that brought the Fourteenth Amendment into being was equality before the law, and equality, not separation, was written into the law.” A state and its capabilities all come from within itself; therefore, what brings a nation forth is its ability to unite for a cause and to consistently keep the members of its nation steadfast in its belief. The Fourteenth Amendment was ratified not only to guarantee “equal protection of the laws” , but to also guarantee a more prosperous country in which its members are not distinguished based on gender, race, culture, ethnicity or religion. Consequently, every citizen is given a set of rights and the people are reassured that these rights define a government by the people for the people , but during the 1800s, the law was not just nor equal.

"The Court today is correct in holding that the right asserted by Jane Roe is embraced within the personal liberty protected by the Due Process Clause of the Fourteenth Amendment. It is evident that the Texas abortion statute infringes that right directly. Indeed, it is difficult to imagine a more complete abridgment of a constitutional freedom than that worked by the inflexible criminal statute now in force in Texas. The question then becomes whether the state interests advanced to justify this abridgment can survive the 'particularly careful scrutiny' that the Fourteenth Amendment here requires. The asserted state interests are protection of the health and safety of the pregnant woman, and protection of the potential

For centuries, the success of a democratic society has been measured by its commitment to equality, a resounding principle central to our nation’s founding. The Enlightenment-inspired language of the Declaration of Independence, namely the age-old axiom that “all men are created equal,” pervades our perception of the American creed. However, nearly a century passed before the Lockean principles espoused in the Declaration of Independence began to bear the force of law. Entitling American citizens to due process and equal protection of the law, the Fourteenth Amendment, perhaps the most transformative Amendment of all, has inspired the steady progression of American society. Nonetheless, while the Amendment serves as the chief legal force behind the democratic goal of equality, questions regarding its achievement of that goal

An understanding of the Fourteenth Amendment begins not in Congress, but in the history leading up to the Civil War. The first crucial story in understanding the Fourteenth Amendment is the striking changes in the law of race relations that took place in the North - especially in Bingham’s home state of Ohio - in the dozen or so years before the Civil War began. The second story is about the South, and the legal repression and brutal racial violence that took place there immediately after the Civil War ended (Finkelman, 2003).

“All men are created equal” (Lee 274) cited by Thomas Jefferson, in the infamous 1776 Declaration of Independence. Throughout this paper, I will present facts that counter this claim excluding African Americans and Jews during the 1930’s and 40’s. This assignment requires me to compare and contrast, Harper Lee’s “To Kill a Mockingbird” and Elie Wiesel “Night” by selecting three universal themes. My themes are racism, inequality in the judicial system and educational barriers has interfered with everyone being afforded “due process” in their pursuit to attain life, liberty, and prosperity (the basic liberties) protected by the 14th Amendment.

Duane Buck, a death row inmate, has served more than twenty one years for murdering his ex-girlfriend Debra Gardner and Kenneth Butler. He accused Kenneth for sleeping with Debra and also shot his stepsister in the chest, who survived. After shooting Kenneth, Gardner ran to the street and was chased until she was gunned down while her children watched. Even though the crime should be punished, bucks attorneys argue Mr. Buck was denied a fair trial. Walter Quijano, a psychologist, gave his testimony during the trial stating that Buck was more likely to be a future danger because of his racial color. What surprises everyone is that Buck’s defense lawyer was the one who called Quijano and evoke the testimony. Even though the racial testimony had no place in the trial it still didn’t justify whether they should throw out the death sentence. No racial testimony appeared to be in his early appeals due to his counsel’s impotence for introducing it. Still it was very believable because this was not the first case Quijano made a similar testimony that had violated an inmate’s constitutional rights. Bucks lawyers tried to use this information to fight for Buck but they were not successful because the courts ruled Buck had waited too long to raise the issue. The argument here is if Buck is

The Buck v. Bell case began when Carrie Buck was seventeen and claimed that she was raped by J.T. and Alice Dobbs son and turn out to be pregnant. So when that happened a test revealed that Carrie had da mind of a nine year old which was consider being feeblemindedness. Her mother was also tested and considered to be feeblemindedness because her test revealed that she had the mind of an eight year old. Carrie and her mother were sent to the Colony for the Epileptic and Feebleminded (Buck v. Bell, 2006).