The Case Of Sell V. U.s.

In the year 1803 the case of Marbury v. Madison was brought before the Supreme Court in order to address the issue of William Marbury’s appointment as federal circuit judge. This created a unique and complex challenge for the Supreme Court of the time because they were operating under no legal precedent, which meant that they had no prior cases to reference to reach a ruling. The issue came to a head after the Judiciary Act of 1801 allowed for President John Adams to appoint sixteen new circuit judges one of them being William Marbury. However, before Secretary of State Marshall ran out of time before he was able to deliver Marbury’s appointment. When the new Secretary of State James Madison entered office, he refused to deliver Marbury’s appointment, claiming that it was too late. Outraged, Marbury filed a writ of mandamus against Madison in order to force him to complete the specified action, which in this case was to deliver the commission. However, through complex political maneuvering the Judiciary Act of 1802, was enacted which repealed the Judiciary Act of 1801 reestablishing the Judiciary Act of 1789 and postponing the case until 1803. One of the key issues in the case was then if William Marbury was entitled to a remedy for the deprivation of his right to his commission. Chief Justice John Marshall with a narrow and technical ruling then determined that since President Adams with his signature had completed Marbury’s commission of appointment he was entitled to the

1.Probable cause is a set of facts surrounding a specific circumstances that leads a “reasonable person” to believe an individual is committing, has committed or is about to commit a crime. Probable cause is required in the instances of an arrest, search and seizure and the issuance of a warrant. To ESTABILISH reasonable cause the officer can use any trustworthy information. For example the office could use his/her experience, informant information, first hand observations or knowledge, victim reports, anonymous tips, or hearsay.

While, reading the case, Elonis v. United States, I was astonished to see that someone would post something so explicit, offensive, and inhumane. Basically, the case of Elonis v. United States is about a man named Anthony Elonis who is an upcoming rapper and used his stage name, Tone Dougie. His Facebook page consisted of him posting disturbing rap lyrics. Even though Elonis was going through a divorce with his former wife, which did not stop him from writing and posting crude lyrics. Eventually, it got to the point where his wife felt that she was being targeted by his lyrics. According to an article on, New York Times, Elonis wrote that he wanted to see a Halloween costume that included his wife’s “head” on a stick. Obviously, she felt threatened and reported the assaults to the police. Anthony Elonis was convicted for posting threats that targeted his wife, his coworkers, police officers, a kindergarten class, and even an FBI agent. Although Elonis argued that his posting are not considered to be a “true threat” and that he is protected under the First Amendment. I believe he wanted to cause fear towards his wife, Tara and therefore, is his lyrics are a true threat. Basically, a true threat is defined as something a person would consider to be “purposely” harmful and cause pain. Elonis mentioned that his post were not offended nor were the threatening anybody. He stated that he did not have the intent of trying to harm anyone, he was just trying

The case of Kent V. United States is a historical case in the United States. The Kent case helped lead the way in the development of a list of eight criteria and principles. This creation of these criteria and principle has helped protect the offender and public for more than forty-five years. Which as a reason has forever changed the process of waving a juvenile into the adult system (Find Law, 2014).

The purpose of this research is to rationalize an amendment to the Constitution of the United States forcing Supreme Court Justices into a medical review to determine if the Justices are physically and mentally able to continue to serve their tenure. The focus is to create a half way point between two opinions in the very controversial subject of the Supreme Court Justices tenure. As the Judicial Branch becomes more active, citizens have questioned the rationale of justices serving for life, while others maintain that there is no need for change. The middle ground purposed is the establishment of a medical review of the justices and the hard part is establishing when they are medically unfit to serve. Considering the Constitutional purpose

During the 1970’s, Connecticut was a very prosperous state with growing numbers of minorities. Many of these minorities would tend to live in the same neighborhoods which would lead to other races, like whites, leaving an area and moving to a new area away from these minorities. We learned about white flight in The Children in Room E4, but this has been relevant for many decades. These whites may have not moved out of state, but just away from the minority neighborhoods to places like the suburbs. This tended to cause property values to decrease in the minority neighborhoods, making it cheaper for more minorities to move in, but also harder for the minorities to move to areas where white people may be living like the suburbs. With decreased property values beginning to happen, the property taxes were also beginning to decrease. This is what led to the development of the case Horton v. Meskill. Also during this time, the United States was barely a decade old from all of the segregation it had experienced during the 1960’s. the segregation had an influence on why whites were moving away from the minorities, which was causing these public school property tax funding’s to be low. Even though segregation de jure was outlawed at this time, there were still people living by segregation de facto. The people did not realize this at this time in the 1970’s, but it eventually built up momentum and became relevant in the Connecticut court case Sheff v. O’Neill.

Facts: This case consists of Hereford a criminal informant who gets information of narcotic laws to Officer Marsh; a federal narcotic agent with 29 years on the job. Hereford had been feeding Marsh information for close to 6 months and that information was accurate and reliable. In the early days of September 1956, Hereford told Officer Marsh that the defendant James Draper was distributing illegal narcotics throughout Denver. Several days later, Hereford told Marsh that in the days before Draper went to Chicago and set to return with several ounces of heroin. Along with the information given Hereford gave a physical description of Draper, which included his age, weight, race, and clothes that he had

I choose the Supreme Court case United States v. Causby because initially it reminded me of the movie Burlesque. In the movie, a man named Marcus did not want the view of his penthouse to be ruined by a skyscraper being built right next to the window. So, instead of buying the land property, he bought the air rights. Owning these air rights means that he owned the air above the surface level. This is similar to this Supreme Court case because Lee Causby was suing for the disturbance being caused planes that was happening above his property, and common law doctrine said that ownership of land extends to the periphery of the universe. Lee Causby “owned a dwelling and a chicken farm near a municipal airport. The safe path of glide to one of the

In the Marbury Vs. Madison’s case Justice John Marshall represented the case and I strongly believe that his points were solid and worth to be granted true and rational. John Marshall’s argument is that the acts of Congress in conflict with the Constitution are not laws and therefore are not progressed into law to the courts, and ultimately the judicial boards’ first responsibility is always to practice and to make firm of the Constitution.

In the case of Kyllo v. United States, I believe that the federal government did not exceed boundaries set by the Fourth Amendment. Conducting basic surveillance of the home with a basic thermal imager, Kyllo’s illegal activities were inferred using common patterns associated with indoor marijuana growth, and this information was used to obtain a search warrant. Although agents used extrasensory technology to view the normally invisible heat radiating from the home, their actions did not infringe upon Kyllo’s rights. All of the information used in obtaining the search warrant was gained from the exterior of the house, not through an unconstitutional search. However unorthodox the methods may have been, they did not constitute a violation.

The case of Mills v. Rogers has a significant importance in virtue of the human, civil and constitutional rights of the patients who are hospitalized at mental institutions. Despite the fact whether the patient was there voluntarily or contrary, Rogers believed that the institutions should respect the patient’s decision when it involved antipsychotic drug treatments. Rubie Rogers was a 36-year old black woman who voluntarily institutionalized herself at the Boston State Hospital (BSH). Rogers suffered from hallucinations along with delusions and acquired a history of thought disorder such as violent behavior. Before Mills v. Rogers, a prior lawsuit was filed.

The Fourth Amendment protects the police from gaining exorbitant power. However, in Florida v. Bostick and Ohio v. Robinette, the Supreme Court granted the police disproportionate power by granting them the right to conduct warrantless seizures and searches without reason. The rulings of both cases were in emulation of the Fourth Amendment rights.

Nature of Case: The District Court condemned Antoine Jones of previous drug crimes. The defendant asked for an appeal and then then it headed D.C. Circuit of Appeals which they ended up reversing the condemnation. They stated that the no warrant use of the GPS violated the fourth amendment. The D.C. Circuit Court of Appeals refused a rehearing en banc. The U.S. Supreme Court granted certiorari (review order of a higher court from previous court decision).

The defendant John Bass, alleged that the prosecution was seeking the death penalty against him because of the color of his skin and was granted a motion for discovery regarding the government's capital charging practices. The sixth circuit court found that Bass made a threshold showing evidence based on national statistics that "the United States charged blacks with a death-eligible offense more than twice as often as it charges whites." However, the Supreme Court reversed the Sixth Circuit, holding that a discriminatory effect could not be found because " raw statistics regarding overall charges say nothing about charges brought against similarly situated defendants."( United States v. Bass,536 U.S. 862 (2002) (per curiam)). The Supreme

The judicial branch, in its conception as outlined in Article III of the constitution was designated the “power to interpret the law, determine the constitutionality of the law, and apply it to individual cases (The White House)”. However, since the ratification of the constitution, much like the other two branches of government, the judicial branch has also experienced an expanded delegation of authority and power. This notion is evidenced in the 1803 decision on the case of Marbury v. Madison where the Supreme Court asserted its power of judicial review by ”blocking last-minute appointments by outgoing President John Adams (Chegg)” by declaring that these actions should not be permitted because the supreme court, under chief justice john Marshall declared them unconstitutional(Cornell). This set forth a very powerful precedent for judicial review, one that continues to play a critical role in political discourse today. Although the evolution of the judiciary commenced following the fallout of the 1803 decision, the courts have delegated to themselves a controversial role as policy-makers in response to societal demands and stresses placed upon the political system specifically during and after the civil rights movement that occurred in the United States during the 20th century. This expanded role into the realm of actual policy making is derived from the belief that the constitution is indeed a living and flexible document that must retain the capability for change. As the