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Research paper korematsu v. united states
Research paper korematsu v. united states
Research paper korematsu v. united states
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Transcript of Civil Liberties & the Civil Rights Court Cases Assignment Civil Liberties & the Civil Rights Court Cases Assignment Gideon v Wainright Dates: Argued January 15, 1963 Decided March 18, 1963 Background: Charged in a Florida State Court with a non capital felony, petitioner appeared without funds and without counsel and asked the Court to appoint counsel for him, but this was denied on the ground that the state law permitted appointment of counsel for indigent defendants in capital cases only. Mapp v. Ohio Dates : Argued March 29, 1961
Kuhlmeier began a new trend in the rulings of First Amendment cases. During the 1960s an Arab student protested publications exploring social issues such as civil rights which were common and accepted. In 1969, the Supreme Court upheld that the freedom of expression of students is protected under the First Amendment. In the case of Tinker V. Des Moines, at least 125 additional court cases around the country were decided in favor of the students during this time period. Due to the legal precedent set by the Tinker case.
US This Supreme Court case involved the argument of whether or not the government could restrict the 1st amendment or the freedom of speech of an individual if there is a clear and present danger to the country. Shortly after World War 1 began the government passed the espionage act, which made it illegal to say or distribute anything that was seen as harmful to the United States war effort. Charles Schenck was the Secretary of the US socialist party. Schenk was strongly opposed to the military draft because he believed this was a violation of the 13th amendment, Schenck argued that underneath the newly adopted draft that the american people were being forced into involuntary servitude or as he viewed it slavery.
The case of wickard v filburn was about a was a small farmer in the state of Ohio who decides to grow extra wheat for his personal use and to feed his livestock. He got in trouble with the law because he grew too much wheat now can you believe that. Mr.filburn decides to take the situation to the supreme court wondering why or what did he do to get in trouble for harvested nearly 12 acres of wheat, the supreme court penalized him although he argued for his rights along with asking what he did wrong.
The Constitution limits power on Government through Checks and Balances. In a 1944 case between Korematsu and the United States during World War II, a presidential executive order gave the military authority to exclude citizens of Japanese descent from areas deemed critical to national defense and potentially vulnerable to espionage. Along with this they also arrested Japanese Americans and forced them into internment camps. Korematsu however, a US citizen from ancestry descent, refused to leave his home in San Leandro, California. Korematsu appealed, and in 1944 the case reached the Supreme Court.
They ruled that the 1st amendment did not guarantee ultimate freedom of speech and anyone violating the government could be overthrown by the state. The historical impact that the case was made mostly from Justice Brandeis, who stated that immediate serious and evil threats should be the only ones that are taken seriously enough to strip away someone’s granted rights. Brandeis’s opinion was put to use in 1969 when the case of Brandenburg v. Ohio, which is when the court overruled the decision. Yes, there are laws to help protect the natural-born citizens of this country, but if they can be taken and maneuvered to make sure the courts get what they want, why have
Plessy v Fergusen was yet another court case where “separate but equal” was not implementing equality. It showed that they still thought of Black men and women as being less and not deserving the same rights as the White men. Homer Plessy was a free man, that was mainly White and because of a percentage he had of being Black he was treated as a Black man. He tried to sit in the train car of the White men and much like Rosa Parks was asked to go to the back where the Black men belonged in a different car. This case resulted in the Supreme Court defending the decision of the East Louisiana Railroad stating that they weren't violating any law by the ruling they had.
This case known as Ableman v. Booth, 62 U.S. 514 (1859). This case had to deal with Wisconsin blocking federal authority to uphold federal law. It dealt with the ability of federal authorities to arrest and detain a gentleman by the name of Booth for helping a federal prisoner escape. The battle was between the Wisconsin Supreme court, which found the law to be unconstitutional and the United States Supreme Court ruling that it was constitutional.
One example of freedom of expression being contested in a court of law was the Pickering v. Board of Education case Where the U.S. Supreme Court held that in the absence of proof of the teacher knowingly or recklessly making false statements, the teacher had a right to speak on issues of public importance without being terminated from his position.
It also made it illegal to try to “[obstruct the] production in support of war efforts.” In addition to avoid internal conflicts during war time, the bill was passed as a response of fear to the rise of communism overseas. A U.S. Supreme Court case, Schenck v. United States, which concluded with the Justice Oliver Wendell Holmes Jr. stating that the actions of Schenck, who was passing anti-draft pamphlets to young men, that his actions would intend the crime of sedition and created a “clear and present danger.” This also led to the standard of the bad tendency test in which the inclination of the speech was to promote an illegal action. In 1951 shortly after the World War II, several Communists were tried by the United State Supreme Court.
To clarify, although Holmes quarrels that the Supreme Court was right in their decision to arrest Schenck whom, “…as to create a clear and present danger that they will bring about the substantive of evils that Congress has the right to prevent.” In contrast, this decision violates the 13th Amendment since Schenck was not presenting an harm or danger. But, however, his actions were, “…more like someone shouting, not falsly, but truly…” In a sense, the Supreme Court was incorrect in their decision; therefore, U.S. citizens have the right to protest during times of
Too the non-originalists (activists), the Constitution is a document like any other reference text, not the true law of our country, their interpretations span the distance of their imagination. “Judges are not to overturn the will of legislative majorities absenting violation of a constitutional right, as those rights were understood by the framers,” Robert Bork(Levin.13). The biggest difference is originalists interpret the law based on the provisions of the constitution to advance social good or fix an actual injustice; whereas the activists interpret the law based on the desired outcome they want. Four examples of activists gaining their result by ignoring mandates or unsurprising legislative authority are Dred Scott v. Sandford, Plessy v. Ferguson, Korematsu v. United States, and Roe v. Wade. Justice Taney in decision of Dred Scott made up his own facts to say the it was clear in the constitution that only whites were citizens therefore loosing Scott his right to sue for freedom.
First, it was acknowledged that every individual is protected against losing their citizenship according to the Fourteenth Amendment, in Afroyim v. Rusk. That the Constitution requires, “clear and convincing evidence” that citizenship was voluntary denounced, which Congress does not have the power to constitute the standard of. Secondly, the court recognized that even though in the case of Nishikawa v. Dulles it was ruled that Congress does have the right to supply the standard of evidential proof; the case was not a fair decision based on the Constitution. Proof was left to Terrazas to show that he did not mean to denounce his citizenship.
Arguably the most significant civil rights activist in American history, led the boycott to victory. Consequently, the U.S. Supreme Court declared racial segregation for public transportation as unconstitutional. Here by, "***INSERT LAW -QUOTED**** BROWDER VS GALE 1956
Hugo Black was a part of the majority opinion and said lock up Korematsu. Hugo Black said to lock up Korematsu because the US was at war with Japan and he did not want to take a chance of terrorist attacks. Another reason to lock up Korematsu stated by Hugo Black was it was recommended by the US military to keep the US safe. The Concurring Opinion is when a justice agrees with the Majority Opinion but for a different reason. Felix Frankfurter’s opinion was to lock Korematsu up and his opinion was concurring because there was nothing in the Constitution that said you could not lock up Japanese
