Strict Liability Essay

This makes it difficult for courts in defining the lines of equal treatment based on gender. (PrisonerResource) In Craig v. Boren, the court rejected strict scrutiny as a standard in equal protection claims based on gender (craigvboren). Something particular to prison inmates seeking equal protection relief, is that they must demonstrate that "there is no rational relation between the dissimilar treatment

as having English as a second language and coming from an underprivileged background, that assisted minority applicants much more than non-minority candidates. In 2004, the University of Texas brought forth a proposal that sought to reestablish the direct consideration of race in the holistic admission process. UT’s reasoning for this re-introduction was to increase the presence of minority students in smaller “classes of participatory size” and to correct the demographic imbalance between the school

the implied powers of the Constitution or that congress had the right to interpret the Constitution based on connotation. On the contrary, the Democratic-Republicans favored the protection of states’ rights and the strict containment of federal power. The Democratic-Republicans were strict constructionists and they

The supreme court sees generally to be ignored on the vast majority of its cases that it holds. Some cases hold a particular interest from the public because of publicity due to the topics they address but it is no secret that the vast majority of these cases are ignored by people in their everyday life. It can be seen with some examples from cases like Brown v. Buhman, Spokeo v. Robbins, Fisher v. University of Texas that the decision made in these cases can have an impact on the lives of all

The Fourteenth Amendment was ratified in 1868 and the amendment was put in place to protect former slaves and their rights in life. The most important part of the amendment reads, “No state shall ‘deprive a person of life, liberty, or property without due process of law; nor deny to any person… the equal protection of the laws.’” This simple statement has one of the most profound and incredible parts of the United States today. The equal protection of the laws show that there must be equal treatment

healthcare, serves the compelling state interest of public health and welfare. In parallel, this Court found that ensuring that people have coverage by health care providers is a compelling state interest. Hobby Lobby correctly applied the test of strict scrutiny, and required that the mandate be the least restrictive means of advancing this compelling government interest. This is where the mandate failed as applied to Hobby Lobby. The Court found the mandate could not be applied to private corporations

Civil rights are the rights granted from our government to the citizens to make sure that government treats citizens equally, applies all laws fairly and does not discriminate against any group based on race, religion, gender and disability. Civil liberties are individual freedoms that restrict the power of the government in our lives, they are guaranteed in the Constitution and are described in detail in the Bill of Rights. A great example of a civil liberty is free speech and the right of expression

value speech include threats, fighting words, incitement of illegal activity, libel, and obscenity. In contrast, high value speech is speech that contributes to public discourse. Moreover, it possesses content-based restrictions that are subject to strict scrutiny, laws that are necessary to meet a state interest. Throughout the

The main issues of this legislation revolve around commerce and federal preemption. From the cases discussed in lecture and discussion, there are two cases that have a strong, direct correlation to the cases and many others that have a secondary or weaker correlation to the legislation. Windsor (2012) has the greatest correlation because of the topic at hand. Windsor challenged the constitutionality of the Defense of Marriage Act (DOMA) citing that the act discriminated against the ability of Edith

touches upon race or ethnicity of citizens falls within one of the suspect categories. The Court stated that “all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny.” Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995). Thus, suspect classifications are presumed to be void and subjected to heightened scrutiny. Here, Congress enacted a statute forbidding private clubs that accept state officials