Thursday, January 11, 2007

The Bill of Rights

How does the Supreme Court function? Examples and comments.

6 comments:

Inger Langseth said...

The Supreme Courtdecides on state matters!

the Supreme Court has decreed that the death penalty for those under the arbitrary age of 18 is "cruel and unusual punishment". Their reasoning: "most states" (3/5ths) don't allow juvenile execution and that "the trend" is to abolish the practice.

I hope that this country will end this practise.

Inger Langseth said...

The 1954 United States Supreme Court decision in Brown vs the Board of Education of Topeka is among the most significant cases. It dismantled the legal basis for racial segregation in schools and other public facilities.

By declaring that the discriminatory nature of racial segregation ... "violates the 14th amendment to the U.S. Constitution, which guarantees all citizens equal protection of the laws," Brown v. Board of Education laid the foundation for shaping future national and international policies regarding human rights.(Source Internet http://brownvboard.org/summary)

Federal troops were sent down south in order to protect the colored students.

Patterick said...

In 1968 members of sportsman clubs and gun dealers brouht and action to declare unconstitutional the state's gun-control law. Conjuring up an image of "political assassinations, killings of enforcement officers, and snipings during riots," the court expressed exaggerated fears of a revolution. The New Jersey Supreme Court restricted the definition of militia to "the active, organized militias of the states," that is, the National Guard. The court's very use of these adjectives to modify the word "militia" ignores the constitutional militia comprised of all persons capable of bearing arms.

http://www.guncite.com/gc2ndsup.html

Bjørn said...

"New York Times Co. v. Sullivan

Supreme Court of United States

1964

Background

This is a civil suit in which the plaintiff (Sullivan) is a city official in charge of the police department in Montgomery, Alabama. The defendant was a newspaper (the New York Times) that had published an advertisement that had criticized the manner in which the police department had handled several civil rights protests. Sullivan alleged that he had been libeled by statements in the ad that were critical of the police. Defendants admitted that some of the statements contained in the ad were not accurate descriptions of events which had occurred in Montgomery, but argued that their statements were protected by the first amendment.

Facts of Legal Standpoint

1. This was an advertisement in question protected by the 1st and 14th amendments.

2. This was a violation of the 1st and 14th amendments to assess damages in this case."

Bjørn said...

"New York Times Co. v. Sullivan

Supreme Court of United States

1964

Background

This is a civil suit in which the plaintiff (Sullivan) is a city official in charge of the police department in Montgomery, Alabama. The defendant was a newspaper (the New York Times) that had published an advertisement that had criticized the manner in which the police department had handled several civil rights protests. Sullivan alleged that he had been libeled by statements in the ad that were critical of the police. Defendants admitted that some of the statements contained in the ad were not accurate descriptions of events which had occurred in Montgomery, but argued that their statements were protected by the first amendment.

Facts of Legal Standpoint

1. This was an advertisement in question protected by the 1st and 14th amendments.

2. This was a violation of the 1st and 14th amendments to assess damages in this case."

Bjørn said...

"New York Times Co. v. Sullivan

Supreme Court of United States

1964

Background

This is a civil suit in which the plaintiff (Sullivan) is a city official in charge of the police department in Montgomery, Alabama. The defendant was a newspaper (the New York Times) that had published an advertisement that had criticized the manner in which the police department had handled several civil rights protests. Sullivan alleged that he had been libeled by statements in the ad that were critical of the police. Defendants admitted that some of the statements contained in the ad were not accurate descriptions of events which had occurred in Montgomery, but argued that their statements were protected by the first amendment.

Facts of Legal Standpoint

1. This was an advertisement in question protected by the 1st and 14th amendments.

2. This was a violation of the 1st and 14th amendments to assess damages in this case."

Bjørn.