Wednesday, February 12, 2014

Blog 4

1. Brown vs. Board of Education (1954)

  • In the Brown vs. Board of Education case of 1954, the Supreme Court ruled that state laws establishing public schools that separate black and white people to be unconstitutional. The Court ruled that this law was a direct violation of Equal Protection Clause of the Fourth Amendment of the United States Constitution. This decision overruled the court rule during the Plessy vs. Ferguson case when the Supreme Court ruled supported segregation in public schools stating that it was "separate but equal." This was a historical case and was a huge accomplishment in the Civil Rights Movement. 
  • Judicial Philosophy: This court case is an example of judicial activism because this ruling by the Supreme Court gave black and white people the idea that they are equal and they don't need to be in separate schools because there is no difference. This shows how the Court used its power to make a significant change in our history and to help push the Civil Rights Movement forward. 
  • Personally, I think that the Supreme Court probably wouldn't have taken such action against segregation if it wasn't such a important part in history. The Civil Rights Movement gradually grew and the government must work with the nation as their opinion changes. Although many people did not agree with the ruling of this case, it was an important step that was needed to point our nation in the right direction and have them moving towards a less negative outlook on segregation. 
2. Mapp vs. Ohio (1960)

  • This case was an important case in the criminal procedure for the United States, in this case the Supreme Court ruling decided that evidence received in violation of the Fourth Amendment, this protects citizens from "unreasonable seizures and searches" and it cannot be used in state law criminal prosecutions. In this case Mapp was convicted of having certain items, but her argument is that this information was obtained in an illegal search of her home. 
  • Judicial Philosophy: This court case is an example of judicial restraint because the Court referred to the constitution and used the Fourth Amendment as a basis for their ruling. This limited the Court's power.
  • Although it is nice to have the right to a protection of your items and privacy, once illegal items are found, they are illegal items regardless if they are found under a search warrant or not. I think its an important law that we have so that the police don't abuse the power of being able to search someone. Also, its important to know that someone issued this warrant and saw the reason to do so just like the cop. 
3. Roe vs. Wade
  • In this court case, the Supreme Court ruled that abortion was legal as long as the health and life of the mother were not at risk. This court case was one of the most important cases. In this case it was also decided that states were not allowed to regulate or ban abortion in the first trimester. However, during the second and third trimester the states were only allowed to put laws against abortion that would ensure the protection of the mother and her fetus. 
  • Judicial Philosophy: This court case is an example of judicial activism because instead of turning to the Constitution as a basis of this ruling, the Court overruled a previous decision that abortion was illegal. In this court case the Court ruled a decision that would be better for the people.
  • I believe that everyone has the right to make their own decisions and it is not up to anyone but the person to decide what they want to do with their own body. However, I also feel that it is wrong to take the life of any person, even if its just a fetus, to me that is the same idea as taking someones life. Abortion is a serious decision and sometimes the woman dealing with this decision needs to make it, not because she wants to, but because she has to make the right decision for herself and her baby. I'm glad that the Court left this up to the woman to decide, instead of leaving it as illegal. 




No comments:

Post a Comment