The Supreme Court ruled that the Federal government lacked constitutional authority, mandated by the Fourteenth Amendment, to outlaw racial discrimination by private individuals and organizations. The court ruling stated that the Civil Rights Act of 1875 was unconstitutional. The decision was challenged by the Justice Harman as a narrow interpretation of the Fourteenth Amendment, but the Court nevertheless with overwhelming majority ruled that neither the Thirteenth nor the Fourteenth Amendment granted the Federal state jurisdiction over these five cases. "This ruling," as argued by some scholars, "practically put an end to the federal government's attempt to enforce the guarantees of the Fourteenth Amendment" (Barnes and Connolly, 1999, p. 338). In both cases, the U.S. Supreme Court recognized the rights of individual states that narrowly defined the provisions of the Fourteenth Amendment. In the Slaughterhouse Cases, the Louisiana State protected a monopoly power to the detriment of individual workers. The Supreme Court could have ruled that the "privileges and immunities" clause empowered the Federal government to protect citizens from the infringement by state governments. "By declining to do so," as Ross (1998) argued,...
650). It may therefore be argued that the Slaughterhouses Cases reinforced the determination of racist government officials in the South who later challenged the Civil Rights Act of 1875 in the Supreme Court decision in 1883. The Civil Rights Cases were wrong on two grounds. Firstly, by narrowly defining the provisions of the Fourteenth Amendment, the cases violated the intended provisions of the Fourteenth and Fifteenth Amendments. Secondly, even if the Civil Rights Act of 1875 was unconstitutional, it was morally right. The fact that in the antebellum America the Constitution guaranteed the right to own slaves did not morally legitimize the institution of slavery. Therefore, I think, the Civil Rights Cases, resolved by the Supreme Court in 1883, both violated the Fourteenth Amendment and the humanistic principles enshrined in the Bill of Rights.
Better still, don't let it happen. (para. 61) In the United States, citizens take a dim view of unbridled police powers. They were condemnatory of Samuel a. Alito, a young U.S. President Ronald Reagan administration lawyer, and Supreme Court nominee, who took an expansive view of government law-enforcement powers in manycases where he was called upon to balance the prerogatives of police and prosecutors with the rights of individuals, according
Law Enforcement Function • Analyze the influence of the criminal justice model on the structure and mission of a local police department. In other words, how would a police department exhibit different structure and procedures under the crime control model than it would under the due process model? The influence of the criminal justice model on the structure and mission of a particular police department is indeed significant. The criminal justice model
Law Violations in Real Life True Crime There are few crimes in which the statute of limitations will never expire. Among these limited crimes is murder, an offense considered so monstrous that penalties for committing murder range from life imprisonment to the death penalty. In the case of Anthony Sowell, one of America's most recent serial killers, murder was just one of the offenses that he committed. In addition to committing at
Many of these have been challenged throughout the years. In fact, here have been a number of cases challenging age discrimination within this more complicated situation. In the case, EEOC v. City of Janesville an individual fought the fifty-five-year cut off age for police officers in that county (Vance 1986). Opponents of the age cut off argued that age discrimination was acceptable only in "particular business," meaning for police officers
Law Enforcement Introduction The Modern Police Forces Prior to the formation of the Philadelphia force in 1833, policing primarily consisted of "night watches" and sheriffs recruited from the community (Sabeth). The role of law enforcement was ad hoc in nature to fight crime, night watch patrols, and not an organized or uniform organization. Incidentally, the rural nature of the country did not necessitate an established and robust policing force until the urbanization
Introduction: The Structure and Sources of LawThe American government comprises three distinct branches at the state and federal levels: the legislative, judicial, and executive. Each branch contributes to creating laws within its jurisdiction, forming different types of legal rules, commonly known as “sources of law” (Mckinsey and Burke, 2023). The legislative branch enacts statutes, the judicial branch issues judicial opinions, and the executive branch drafts regulations. Constitutions, however, serve as
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