Does the Constitution explicitly state a right to privacy? This particular question was brought to the attention of the Supreme Court in 1965 during the Griswold vs. Connecticut case. This case involved Doctor Griswold giving birth control pills to a married couple in order to prevent conception. In Connecticut at this time the use of contraceptives was illegal since one was not to avoid conception. However, law of contraceptives was not strongly enforced against individuals. As a result of Doctor Griswold giving the couple contraceptives, he was helping them break the law. This case was also seen as illegal because it was supposedly going against the right of privacy and was taken to court in order to address the use of contraceptives and if prescribing contraceptives to married couples was legal. However the right of privacy is something that is not clearly stated in the Constitution. When this case was then taken to the Supreme Court, there were many justices that interpreted this case and some were for and against the ruling. Three of the justices were Justice Douglas, Justice Harlan and Justice Black. The three of these Justices had different methods of reasoning about the Constitution and how the Constitution should therefore be interpreted. As a result not all of the reasoning’s included the theory of natural law, and not all of their theories are necessarily plausible. I myself feel that Justice Douglas’s way of understanding the constitution is the most plausible
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.
Does the Constitution establish and protect the right of marital privacy? Do Connecticut’s statutes barring the use of, or the counseling of someone on the use of, contraceptives (ss 53-32 and 54-196 of the General Statutes of Connecticut) violate such a right?
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.
In the case of State v, Evans, he was a stalker who stalked Arnold. In the case their was a couple of incidences where he raned into her on purpose, so he was charged with stalking . In the case I will give the facts, issues, and court holding.
Supreme Court of the United States decision on the King v. Burwell case was a 6-3 decision in favor of Burwell. One major point that the majority touches upon is the fact that the statement “an exchange established by the state” is in fact an ambiguous statement. The ACA directed the Secretary for Health and Human Services to set up federal exchanges for any state that refuses to set one up. With the specific phrase “such exchange” to define the government's exchange program set up in Virginia means that federally and state run exchanges are interchangeable entities. Now that the phrase had been deemed ambiguous language, the next question to answer is, “whether one of the regulation's permissible meanings produces a substantive effect that
The case of Terry v. Ohio took place in 1968. This case involved a Detective who had witnessed three suspicious males patrol a street and stare into a specific window multiple times. With reasonable suspicion and probable cause, Detective McFadden assumed one of them could be armed. He then took one of the males and patted him down to find that he had a pistol on him. He patted the victim down for reasons of protecting himself and others in the community. The Fourth Amendment does include, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Israel, LaFave). The people who are being frisked are for reasons that the officer wants to protect himself and others, not just for no reason. People do have a right to their personal, private property and the stop and frisk, or sometimes know as a terry stop, is approved if the officer has reasons to believe the person could be carrying a weapon or a threat to society. The officer had reasonable suspicion and probable cause to search the male and was able to legally with the Fourth Amendment. The stop and frisk action has been around for almost 50 years. Is it time to put a stop to it because people think it is unconstitutional, or to change the way we view
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).
Some of the ways that the Supreme Court address the issue of privacy is within the home. Along with the 1st, 3rdm 4th, 5th, 9th Amendments that give citizens right to privacy. In Griswold v Connecticut the Majority opinion written by Justice Douglas talks about penumbral rights in the shadow of the constitution. In the 1st the right to assembly, 3rd the right to refuse quartering soldiers within the home, the 4th amendment protects citizens against unreasonable search and seizure, the 5th amendment protects citizens by allowing them to not self-incriminate. With the Griswold v Connecticut case the Court ruled that a couple had the right to privacy when using contraceptives. Justice Goldberg concurred in the case on the Fundamental Rights theory.
Terry v. Ohio is an important case in law enforcement. What did the Court say in this case, and why is it important?
Ever since 1968 and the Supreme Court case of “Terry vs Ohio” was settled, stop and frisking policies have been used by police everywhere in the United States. However, lately the use of this tactic, especially in New York, has raised the questions of whether or not these stop and frisks are actually helping as well as the question of whether or not these supposed random stops are unbiased. There have been a great number of arguments for the continuation of stop and frisk policies as well as the cease of such tactics to lower the crime rate in cities. In New York, these concerns were first brought to light in the late 1990’s. Throughout this decade, the huge decrease in crime rates had been credited to the fact that NYPD had taken the stop and frisk policies very seriously. However, “near the end of the decade there were repeated complaints of harassment of minority communities” (Gelman). The people of New York were complaining that the NYPD were stopping people and treating people differently based on their ethnic background, which brings up the bigger and more disturbing question; Were the police stopping minorities based on racial bias?
In Griswold v. Connecticut (1965) the United States Supreme Court affirmed that the first amendment and fourteenth amendment gave American citizens certain freedoms, such as the right to privacy. In turn, the Court struck down the Connecticut birth control ban, and forbade the government from making laws that interfere with the personal matters of married couples and their physician. However, more importantly, in the Court’s majority opinion, it relied on decided cases that used the Bill of Rights to validate the right of privacy even though this right is never explicitly written in the Constitution. Even so, the Griswold v. Connecticut decision has served as a precedent for other monumental cases like Roe v. Wade (1973), while upholding a
There are several cases that have gone through the United States Supreme Court where prosecutors have not disclosed evidence to the defense, that could in turn help the defense’s case such as in the case of
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
To begin, this Court shall review Jurisdiction over this matter. Congress passed a federal statute that reads “The Supreme Court of the United States shall have original Jurisdiction over any cases involving this offense…” as to punishing individuals to three years in prison for the use, transport and/or to consume butter beer. To this, we refer to our Constitution that establishes matters that have original jurisdiction, Art. III S. 2 “The Judicial Power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their authority… In all other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction”. The case of Marbury v. Madison interprets matters of original Jurisdiction, “The 1789 act to establish the Judicial courts of the United States authorizes the Supreme Court to issue writs of mandamus, however this can only be granted when the Court has original jurisdiction, in al other cases, the Court shall have appellate jurisdiction, both as law and fact…” furthermore, we consider, if this statute was good law, it would make the state a party, to that we turn to Cohens v. Virginia, a case that reviews the Jurisdiction of this Court in criminal cases, which came to the conclusion that just because a state is involved in a criminal party claim, the Supreme Court does not have original jurisdiction over it. As established by the Constitution, and case law
In 1787, the constitution was born. The constitution has been America’s guideline to the American way of life. Our US constitution has many points in it to protect America and it’s people from an overpowered government, our economy, and ourselves. The only thing the constitution doesn’t directly give us, is our right to privacy, and our right to privacy has been a big concern lately courtesy of the National Security Agency (NSA).(#7) Although our constitution doesn’t necessarily cover the privacy topic, it does suggest that privacy is a given right. Some people say that the right to privacy was so obvious, that our founding fathers didn’t even feel the need to make a point about it.(#9) It also didn’t help