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e cannot accept this proposition. If the two races are to meet on terms of social equality, it must be the result of natural affinities" (Pilgrim 2000).
Justice Henry Brown ruled that the Separate Car Act did "not conflict with the Thirteenth Amendment...A statue which implies merely a legal distinction between the white and colored races…the object of the Fourteenth Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color" (Cozzens 1995). This notion of separation of the races would be perpetuated in Southern legislation, separating whites from blacks in restaurants, theaters, restrooms, and public schools, until the deleterious effects of so-called morally neutral separate but equal legislation were detailed in its 1954 Brown v. Board of Education, under the arren Court. Finally, the Brown decision effectively…… [Read More]
The Constitution does not specifically say either one, so the Court is interpreting the law, but not doing it in the same way each time.
The majority does not seem to understand the significance of its decision as far as other aspects of life. It dismisses the idea that this law would create additional discriminatory laws. The minority believes that "if a state can prescribe, as a rule of civil conduct, that whites and blacks shall not travel as passengers in the same railroad coach, why may it not so regulate the use of the streets of its cities and towns as to compel white citizens to keep on one side of a street and black citizens to keep on the other?"
Finally, the minority opinion also understands the relevance of the case more than the majority. As it points out, "In some of the states, a dominant race --…… [Read More]
Brown v. Board of Education of Topeka
In Plessy v. Ferguson (1896) the United States Supreme Court upheld racial segregation of passengers in railroad coaches as required by Louisiana law. Three years later the Supreme Court was asked to review its first school case dealing with equal treatment of school children. In Cumming v. Richmond County Board of Education (1899) the court found that the temporary cessation of services for minority high-school children did not violate equal protection even though services continued at the high-school for Caucasian children. The Court reasoned that the closing of the school was based on economic considerations, and was not found to represent bad faith or an abuse of discretion. The court concluded that although all must share the burdens and receive the benefits of taxation, school finance was a matter belonging to the states and federal interference without a clear and unmistakable disregard for…… [Read More]
Brown v. Board of Education
Its Legal and Historical Legacy, then and today
Brown v. Board of Education (1954) is one of the seminal legal markers of the civil rights era. The U.S. Supreme Court's finding in favor of Brown marked the transformation of the civil rights movement from a social and a historical force to one that had created a real, measurable political and legal impact upon American society. It changed American law, invalidating Plessy v. Ferguson 1896's allowance of supposedly separate but equal accommodations between the races. In the minds of African-Americans, the Supreme Court decision stated, there could be no such equality of the races in separation, in actuality, because separation of any racially influenced kind inevitably resulted in inequality, psychologically as well as practically. This was true particularly in the impressionable minds of children.
In arguing as for the relevance of Brown today in education, thus…… [Read More]
Brown v Board of Education is one of the most famous landmark cases in American court history. Set against the backdrop of the early 1950s, just as the civil rights movement was beginning to heat up, Brown v Board of Education changed the face of American schools in a significant way and set the stage for further more sweeping reforms in other areas, such as worker discrimination and fair labor laws.
The stage for the conditions that led to Brown v Board of Education was a set of laws that rose out of the civil war restoration period called the Jim Crow laws. These laws varied from state to state and existed primarily in the South. These laws created separation of whites from blacks. Some of these laws include that blacks must sit at the back of the bus and relinquish their seat if a white passenger needed, blacks were…… [Read More]
When Brown vs. Board of Education came to the courts the judges ruled that the school law allowing "separate but equal educations" was unconstitutional which set the stage for the later examination of special education students being "separate but equal" in the district's treatment of their education.
I agree with the decision that was handed down and believe that one justice decision summed up the facts when it comes to any student, including racially divided or special educationally divided or gender divided students when he said:
Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken…… [Read More]
Brown vs. Board of Education
A landmark court case that occurred in the early 1950's resulted in the desegregation of public schools. This historic Supreme Court case was known as Brown vs. Board of Education. The place was Topeka, Kansas, 1951. A little girl named Linda Brown and her father, Oliver Brown, attempted to enroll Linda in a neighborhood elementary school that accepted whites only. The request was denied, by the hite elementary school. The little girl only lived a few blocks from the hite elementary school, which would have been a good fit for her. Instead, she ended up traveling about a mile each day to attend the nearest Black school.
Brown decided to request the help of the National Association for the Advancement of Colored People (NAACP). The NAACP was glad to help in the fight. Mr. Brown and the NAACP moved forward and challenged the segregation law.…… [Read More]
The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomplish. At the time when they were incorporated into the Constitution, it required little knowledge of human nature to anticipate that those who had long been regarded as an inferior and subject race would, when suddenly raised to the rank of citizenship, be looked upon with jealousy and positive dislike, and that State laws might be enacted or enforced to perpetuate the distinctions that had before existed. Discriminations against them had been habitual.
100 U.S. 303, 306).
Furthermore, while the Court's decision was based on Strauder's right to an impartial jury, the Court believed that all-white juries were discriminatory against the potential jury pool. It held that:
The…… [Read More]
As healthcare legislation continues to be debated in the House and Senate, I would like to express my support for the continuation of one, significant policy that was instituted under the Affordable Care Act (ACA), namely the idea that young people under the age of 26 should be permitted to remain on their family's health insurance policies. The current generation of young people is graduating with more college debt than ever before and many new graduates are forced to take jobs that do not offer full benefits. The rise of freelance employment also means that many young persons may be forced to forgo jobs with health insurance.
Buying independent insurance is a significant cost, even though ensuring that young and healthy people are in the health insurance risk pool is necessary to keep overall healthcare costs low. Preventative early care can also reduce the need for more costly…… [Read More]
Ferguson required that the decision of the lower court be affirmed. The Court agreed with Mr. Sweatt. While the University of Texas School of Law "may properly be considered one of the nation's ranking law schools," Justice Vinson wrote for the Court, such could not be said for either version of the law school for African-American students (d. At 633). "n terms of number of the faculty, variety of courses and opportunity for specialization, size of the student body, scope of the library, availability of law review and similar activities, the University of Texas Law School is superior, " noted the Court (d. At 633-634). Moreover, Justice Vinson continued, in no way could the new institution compare with the University of Texas School of law in terms of more intangible measures, either (d. At 634).
Although the decision in Sweatt was a vitally important step in the creation of justice…… [Read More]
American education has evolved considerably since the late 19th century. One of the first philosophers to influence the character of modern American education was John Dewey. Dewey was a progressive, and believed that children should not just sit in classrooms passively memorizing material. Instead, students should learn via experience and interaction with their environments. Dewey's humanistic approach to education revolutionized the ways people thought about schooling and pedagogy. A timeline of American education begins with Dewey, because he was the person to first codify the structure and philosophy of education, and then offer the methods and means to implement those ideas. Dewey is known as a "pragmatist" because of his ability to fuse philosophy and practice, and had "the most significant contribution to the development of educational thinking in the twentieth century," (Smith, 2001).
Maria Montessori was the first female to become a doctor in Italy. Working closely with…… [Read More]
Although that case involved jury selection, the Court established a standard for alleging racial discrimination in prosecution. The Court held that the defendant has to show that he is a member of a cognizable racial group, that the prosecutor has acted in a manner having a discriminatory effect, and that the procedure in place allows those who choose to discriminate the leeway to do so. Once a defendant has established a prima facie showing of discrimination, the State then has the burden of proving race-neutrality. (Batson v. Kentucky, 476 U.S. 79, 96-98 (1986)). The clear reasoning of the Batson decision would suggest that since Bass could show that he is an African-American, that African-Americans are disproportionately subject to the death penalty, and that the decision whether to charge a defendant with the death penalty is left to the discretion of the prosecutor, that he has established a prima facie case…… [Read More]
Same Sex Marriages Should Be Legally Sanctioned
Some of the most pervasive problems that exist within American society today are the problems of prejudice, stemming from fear of what is different and seems to be alien. Only by making what is alien seem to wear a more familiar, human face, can such deep-seated hatred be uprooted and destroyed. Prejudice, and the violence that is the result of such hatred, is particularly virulent against those individuals whom identify as homosexual, even if they wish to form stable and legitimate marital unions until death do them part. One of the reasons for this is because homosexuality is still seen as a vice, rather than as a legitimate bond between two loving people. The solution to this problem is to legally sanction same-sex marriages, giving same-sex unions equal legal and moral legitimacy as heterosexual unions.
Conservative opponents of same-sex marriages are quick to…… [Read More]
In the landmark decision Brown v. Board of Education in 1954, the United States Supreme Court overturned the "separate but equal" standard adopted by the 1892 Plessy v. Ferguson. Until Brown v. Board of Education passed, American public schools were segregated. Brown v. Board of Education transformed American society by outlawing racial segregation. Now that American schools are integrated, the Brown v. Board of Education decision seems immutable. However, the decision potentially represents an overstepping of the Judicial Branch's power. While most people would agree that the decision of Brown v. Board of Education was absolutely mandatory, others would note that from a purely rational standpoint, the Supreme Court overstepped its role as an interpretive body.
In its reasoning, the Court relies on the research conclusion of psychologists as one of the bases of its decision. Although psychology may be considered to be a "soft" science, it is…… [Read More]
statistics showing that English boys are performing worse than their oversees counterparts. Then I list some of the possible reasons boys are falling behind and some of the solutions. I end with what I feel is a viable solution to the problem of boys falling behind.
Are boys in England falling behind there female counterparts? If the answer to this question is yes, then why, and what can be done to address the problem. In an age of fierce competition, it is no longer enough to just let "boys be boys" The question is How can we balance the learning needs of boys with the needs of girls. It seems society is on a pendulum, first favoring boys, then favoring girls. We cannot go back and forth, favoring one gender at a time. The pendulum needs to stop swinging, but how do we balance the needs of boys with the…… [Read More]
Legal Precedent and the Legal System
The principle of stare decisis is a legal principle that suggests that courts rule consistently with case precedent or cases that have been previously decided. The doctrine originated from the common law in England and was purposed to promote uniformity in the justice system. Courts are not always bound to rule according to previous decisions, especially if these decisions are from districts outside of the sitting court, and increasingly many courts have declined to follow precedent in its rulings. However, the United States Supreme Court, as the highest Court in the land, sets the precedent for the courts of the country on constitutional issues. If a lower court fails to follow a Supreme Court decision, its decision will be overruled in the event of an appeal. Stare decisis, although instituted for a beneficial purpose, has not been without controversy. The Supreme Court…… [Read More]
Supreme Court Chief Justices Warren and ehnquist
Compare and contrast approaches to criminal procedures by U.S. Supreme Courts:
The Warren vs. The ehnquist Court
A common philosophical debate within the legal community is when the approach advocated by so-called 'conservative' justices (often called strict constructionism) is pitted against more 'liberal' and freer interpretations of constitutional words and history. Throughout much of the 20th century, it was often said that the more liberal interpreters of the Constitution were 'winning the war' in regards to this issue, thanks to the presiding intelligence of Chief Justice Earl Warren. "Following his appointment in 1953 Chief Justice Earl Warren led the Court into a series of decisions that drastically affected sexual freedom, the rights of criminals, the practice of religion, civil rights, and the structure of political representation. The decisions of the Warren Court reflected its deep concern for the individual, no matter how lowly"…… [Read More]
Perception of acism and Colour Students
Historically, ethnic minorities are at a disadvantage in comparison to their White counterparts in real society. Living in poverty also plays a role in being considered a disadvantaged individual. According to Boyle (2008) and the 2006 U.S. Census Bureau American Community Survey, 25.3% Black/African-Americans, 21.5% Hispanics, and26.6% Native Americans and Native Alaskans live under the poverty line (Boyle 2008).In comparison, 10% of Whites and Asians live under the poverty line (Boyle 2008). The percentage of Black/African-Americans, Hispanics, Native Americans and Native Alaskans living under the poverty line is doubled in comparison to Whites and Asians. For every one White or Asian individual living under the poverty line, there are two more Black/African-Americans, Hispanics or Native Americans and Native Alaskans that are living under the poverty line.
There is no coincidence that individuals living under the poverty line also live in areas where schools lack…… [Read More]
Racial segregation remains one of the most fundamentally perplexing questions within the body of American history. Many people erroneously believe that the racial and social structures that existed prior to the close of the civil war in 1865 resulted in both fundamental and rapid changes for those who had been subjugated by slavery, immigration and even war. The truth is far more complicated and changes were much more gradual. The reality of segregation was both social, legal and economic and to some degree still exists today, in a de jure manner. "Although de jure segregation in the United States is most commonly associated with the South, segregation could be found at one time or another in every section of the country." (Finkelman, 2003) ("South, The " Columbia Encyclopedia, 2000) Though the fundamental struggle of the civil rights movements has largely forced the eradication of de facto, or legal segregation de…… [Read More]
In the speech that Canon, Colman & Mayer reprint; "You warmly commended the Birmingham police force for keeping "order" and "preventing violence." I doubt that you would have so warmly commended the police force if you had seen its angry dogs sinking their teeth into six unarmed, non-violent Negroes, I doubt that you would so quickly commend the policemen if you were to observe their ugly and inhuman treatment of Negroes her in the City Jail; if you were to watch them push and curse old Negro women and young Negro girls; if you were to see them slap and kick old Negro men and young boys; if you were to observe as they did on two occasions, refuse to give us food because we wanted to sing our grace together. I cannot join you in your praise of the Birmingham Police Department." (140) the message her is clear and…… [Read More]
Fighting in the Jim Crow Army by Maggie Morehouse
Maggie Morehouse (2007) opines early in Fighting in the Jim Crow Army that the Plessy v. Ferguson decision of 1896, wherein America codified "separate-but-equal," was still in effect by the time of WWII. The effects of the Supreme Court decision would impact the lives of black Americans for the next half century -- especially in the armed forces, which were segregated until 1947. Morehouse goes on to detail the trials and complications for black soldiers in the segregated Army, as remembered by the black men and women who lived through those times. This paper will examine the most significant aspects of Morehouse's work, and provide a detailed look at the stories therein that shaped the people and the structure of the 92nd and 93rd all-black active divisions.
Morehouse asserts right away that the policy of segregation "failed to produce military efficiency,"…… [Read More]
Th Amendment to the U.S. Constitution
"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." (13 Amendment, Article 1, "U.S. Constitution")
Abraham Lincoln's 1863 "Emancipation Proclamation" stated "that all person's held as slaves' within the rebellious states 'are, and henceforward shall be free.'" ("Featured Documents") Many claim that Lincoln's real motivation in freeing the slaves was to politically outmaneuver the south internationally; to make the war about slavery thus keeping the Europeans from supporting the South. However, Lincoln's support of, and the adoption of the 13th amendment in 1865, seems to prove this wrong; Lincoln's real motivation was the end of slavery in the United States. But Lincoln issued his "Emancipation Proclamation" in the middle of a war, using his emergency war powers, and it was limited…… [Read More]
Stare decisis, from the Latin meaning "to stand by that which is decided," is a judicial doctrine, which provides that precedent decisions are to be followed by the courts ('Lectric). The doctrine of stare decisis has developed in common-law legal systems, which enable judges to create law through judicial interpretation. In contrast, jurisdictions with a civil-law legal system reject the doctrine of stare decisis, because civil-law systems require a stricter separation between the legislative and judicial branches. The United States' legal system developed from a common-law base and embraces the doctrine of stare decisis.
Although the doctrine of stare decisis appears, at first blush, to give great power to the judicial branch, it is actually a judicial discretion constraining device. If the legislature is unhappy with a high court's interpretation of a law, it can change the law to reflect the actual legislative intent. However, if the legislature is content…… [Read More]
Because of the widespread stigma against homosexuality in the United States and worldwide, medical research was thwarted and the disease became virtually synonymous with homosexuality.
It would take the death of one of America's most beloved, and seemingly straight, movie stars to prove that AIDS could affect anyone (Hiller 1985). When ock Hudson died of the disease in 1985, Americans could see not only that homosexuality was normal and pervasive in society but also that AIDS was spreading more rapidly than was previously thought. The subsequent spread of the disease to straight communities also showed that AIDS was a disease transmitted primarily through sexual contact and blood transfusions; homosexuality had nothing to do with the illness whatsoever. Final hypothesis: The death of ock Hudson forced Americans to rethink homosexuality and to face the AIDS epidemic squarely.
The 1990s: The First Gulf War
The decade opened with a literal bang when…… [Read More]
I would not suggest that Mary Lou plea-bargain to any offense.
II. First, I would suggest that all she did was buy gasoline, which is not illegal, and that she was not aware of Bubba's plans to use it to burn down the houses. If the evidence demonstrated that Mary Lou was aware of Bubba's plans to use the gasoline to burn down the house when she purchased it, I would explore the use of the Battered Women's Syndrome. Using that, I would suggest that if Mary Lou purchased gasoline knowing that Bubba intended to use it to commit an arson, that she did so because she feared the consequences of telling Bubba "no." I would show Bubba's history of domestic violence with a prior spouse, his long string of marriages, and present any evidence suggesting that Mary Lou was a battered woman.
Roe v. Wade
From a constitutional perspective,…… [Read More]
Instead of pretending that racism and its effects no longer exist, we need to strengthen affirmative action and devise a new set of policies that directly tackle the racial gap in wealth." (Derrity, 1).
That, in a nutshell, is the position of this paper. America has not given affirmative action enough time to act. Moving forward, we should continue our affirmative action policies, but with an end in mind. Economists and sociologists, along with help from America's captains of industry and human resources experts, should devise an ideal time frame whereby affirmative action will end, and set outside and inside goals for this time frame as well.
But for now, affirmative action must continue, and continue with gusto, to reverse the horrors that America's history has caused.
CHAPTER 2: REVIEW of RELATED LITERATURE
History of Affirmative Action review of the history associated with affirmative action is the first step to…… [Read More]
Afro American Education
Black Americans have had to battle for their right to public education from their very start in this country (Forsyth, 1991). The precedent of Brown v. Board of Education catapulted this battle to the forefront in1954 (Forsyth, 1991). The struggle for education was one of the most important in the struggle against oppression because blacks were denied education as a group-based entirely on the foundation of race (Forsyth, 1991).
In earlier times, the general right to public education pertained only to Caucasians (Forsyth, 1991). In slavery times, outhern states prohibited teaching slaves to read and write (Forsyth, 1991). ome slaves learned to read and write in secret, had their owners found out, it would have meant a severe beating -- perhaps even death (Forsyth, 1991).
After the Civil War and during the Radical Reconstruction period, Black lawmakers developed the first Black free public schools (Forsyth, 1991). When…… [Read More]
Birmingham Campaign of 1963 and the Civil Rights Movement
Since the end of the Civil War and the 13th Amendment to the U.S. Constitution, which abolished slavery in America, equal rights for African Americans was one of the anticipated outcomes. Yet, the law did not swing entirely in favor of equality; rather, it offered freedom and segregation. Jim Crow laws were essentially institutionalized with the Plessy v. Ferguson (1896) decision, which affirmed that blacks were “separate but equal” to whites—i.e., they were “equal” in the eyes of the law (after all, the 14th Amendment had affirmed their equality, and the 15th had affirmed their right to vote—even women were not granted that right until the 19th Amendment), but as far as the law was concerned blacks were not permitted to mingle with whites in public. Thus, blacks had to sit in their own sections in a theatre (the balcony—referred to…… [Read More]
How the Criminal Justice System is Dysfunctional according to Paul Butler's Let's Get Free
The American criminal justice system has had a long history of prejudice. From the Plessy v. Ferguson (1896) decision that institutionalized the false concept of "separate but equal" to the Jim Crow laws that followed to the methods of "control" enacted by police in urban communities, criminal justice in the U.S. has seen lots of crime but little justice. Part of the reason for the inherent dysfunction in the way minorities have always been treated in America is that the country was founded on prejudiced WASP (White Anglo-Saxon Protestant) principles: the principle of "manifest destiny" was based on the supposedly "divine right" that WASPs had to "control" the New World and eradicate the "lesser" races (such as the Native Americans and the African-Americans). These prejudiced principles were absorbed into the criminal justice system through lawmakers…… [Read More]
Racism and the American Ideals
Racial divisions in 19th century American culture excluded African-Americans and Native Americans from the American ideals of liberty and inclusion on a fundamental level. The pushing off the land (and slaughtering) of the Native American tribes by the U.S. government was an exercise in Manifest Destiny (O'Sullivan 5), which later came to be expressed in terms of New Expansionism once the borders of the frontier were at their natural limits. And as for African-Americans -- they may have been freed by Lincoln in order to help the North win the war against the South, but inclusion was never really on the table: Jim Crow laws sprang up in the South and racism continued to be expressed in terms of segregation and mob violence. Liberty was for the ASPs (hite Anglo-Saxon Protestants), the ruling elite of the political, economical and social establishment. No amount of noble…… [Read More]
Discuss the presence of Jim Crow laws and their manifestation in the novel and social ramifications.
Plessy v. Ferguson was a landmark case for maintaining segregation and inequality for blacks. Discuss how this was demonstrated in the novel.
Discuss how the economic stresses of the time added to social tensions in To Kill a Mockingbird.
Tom Robinson is a black man charged with rape of a white woman, tried by a white jury. Discuss the problems inherent in this situation that will ensure he won’t receive a fair trial.
Discuss the parallelisms between Boo Radley and Tom Robinson.
Discuss the parallelisms between Jem Finch and Tom Robinson.
Dill Harris is an intriguing supporting character as he represents a melee of so many of the people and circumstances around him. Discuss.
Critics have described Atticus Finch as overly optimistic. Agree or disagree and explain.
The novel is not a…… [Read More]
Graham vs. Florida Focal Point Analysis
There are many issues involved in the Supreme Court decisions especially with regard to the Constitution. One important assumption is that the court is moving to create a situation where the rights of humans are being protected and arbitrariness being curbed. In the light of the fact that human rights are now a universal concept and is globally acknowledged, the fact that constitutions and laws that abridge the human rights have to go or be amended cannot be argued against. While the constitution may be supreme, the rights of humans take priority, especially in the global context. In such a case the case of Graham vs. Florida can be seen as a landmark judgement so far as the way prisoners have to be treated is concerned.
The problem is more of legal rationality because the laws are rules that a society creates for the…… [Read More]
However, the law did engender social change; fifty years after the Brown decision, there is no system of legal segregation in America.
While changing the law through the use of the court system by challenging laws that violate the Constitutional guarantees of equality is an effective means of social change, it is insufficient to provide the broad scale social change needed to protect the rights of Hispanics in America. One of the problems facing Hispanics is the fact that English, while not declared an official language, is used in a way that excludes Hispanics from participating in many facets of American life, including the American legal system. The use of English-only is not discrimination and does not violate the letter or the spirit of the Constitution. Therefore, it is only by having Hispanics involved in the legislative process that such disparity can be corrected. The fact is that legislators, while…… [Read More]
standard joke about America in the 1960s claims that, if you can remember the decade, you did not live through it. Although perhaps intended as a joke about drug usage, the joke also points in a serious way to social change in the decade, which was so rapid and far-reaching that it did seem like the world changed almost daily. This is the paradox of Todd Gitlin's "years of hope" and "days of rage" -- that with so much social and cultural upheaval, the overall mood at any given moment in the 1960s must surely have seemed contradictory. How then can we assess the three most important themes in this broad social change? I would like to make the case that the three longest-lasting social changes came with America's forced adjustment to new realities on the international scene, with Vietnam; on the domestic scene, with the Civil ights movement; and…… [Read More]
Board of Education of Topeka. This case represented a watershed for Civil ights and helped to signal an end to segregation because it determined that "separate educational facilities are inherently unequal" (Warren, 1954). It is essential to note that federal support on this particular issue was only earned after African-Americans decided to use the legislative system to their advantage by taking the segregationist school system of Topeka, Kansas to task. This particular court case was a class action lawsuit filed on behalf of 13 parents whose children were enrolled in the city's school system. This action was highly influential in the African-American struggle for civil rights and to end discrimination because it demonstrated that they had learned the most effective means of fighting this systemic oppression -- by utilizing the system itself, in this instance, the legislative system that ran the country.
By doing so, African-Americans helped to end the…… [Read More]
Hamilton Assertion Proves Incorrect
There are parts of Hamilton's statement regarding the nature of the Supreme Court and its influence that are largely inaccurate. There are myriad examples which prove the Supreme court has both force as well as will. Moreover, its influence certainly pertains to matters that are both related to finances as well as government or military solidarity (what Hamilton referred to as "the sword"). hen one considers both of these aspects of what the legislative branch of the government has come to mean in contemporary times as well as throughout history, it seems readily apparent that Hamilton was incorrect in his views regarding it.
Perhaps the most prominent way in which the aforementioned statement from Hamilton is judged as incorrect relates to the fact that, contrary to his opinion on the matter, there certainly is a sense of will associated with the Supreme Court. It is not…… [Read More]
S. have tried to govern themselves. You can use the Internet, but don't use the Internet exclusively. Also, try to research different nations, not just the U.S. I've given a brief overview of the Bill of ights, one of the most important and contested aspects of the Constitution, but look into the British system of government as well (which influenced the creation of our own) and France. And ask why have some constitutions and nations failed, while the U.S. system has remained intact. Bring your research to class with you.
Step 3: Come to an agreement about what rights to include
On Wednesday, we'll have our own Constitutional Congress. I will observe the unstructured debate, which will revolve around how Freedonia will govern itself and what rights will be included in the new constitution and government. Some things you may want to think about: what rights don't Americans have? What…… [Read More]
e. The lack of a collective intellectual voice. In response to this and in part as a result of new affluence gained by some as well as a growing exposure to education, albeit mostly segregated, many began to develop what is known as the Harlem enaissance.
The 1920s in American history were marked by a sociocultural awakening among Afro-Americans. More blacks participated in the arts than ever before, and their number increased steadily throughout the decade. This florescence of creative activity extended to many areas -- music, poetry, drama, fiction. In literature, the few Negro novels published between 1905 and 1923 were presented mainly by small firms unable to give their authors a national hearing. However, in the succeeding decade, over two dozen novels by blacks appeared, and most of them were issued by major American publishers. (Singh, 1976, p. 1)
The Harlem enaissance came about for many reasons not…… [Read More]
History Of Federal Involvement in the Delivery of Healthcare
Health Care History: The Hill-Burton Act
The Hill-Burton Act was a decidedly ambitious piece of legislation that was initially passed in 1946. The act was named after its chief proponents, Alabama's Senator Lister Hill (Thomas, 2008) and Ohio's Senator Harold Burton. Although the act was conceived of as a way of providing egalitarian access to improved medical facilities, it was actually created in times that were anything but. 1946 was the year after the end of World War II and racial segregation (as buttressed by Plessey v. Fergusson) (Wormser, 2002) was still rampant across the country. Moreover, the economic politics -- many of which are still in effect today -- in which federal, state and local legislation typically benefits those with the most economic resources of the day also helped to hamper the egalitarian spirit in which the Act was created.…… [Read More]
people in American history. Specifically it will discuss the three most significant people in American History since 1865: George Washington Carver, Shirley Chisholm, and Thurgood Marshall, and tell why they are significant and how they affected the course of U.S. history. Each of these three individuals was extremely important to American history. Black, driven, and significant, they helped change the course of education and agriculture, politics, and criminal justice, and they live on today as heroes of the Black community. They show that anyone can make a difference in American society, and that hard work and dedication really do pay off, for individuals, and for society.
Shirley Anita St. Hill Chisholm was born on November 30, 1924, in Brooklyn, New York. Her mother and father were both Caribbean, and moved to New York a few years before Chisholm was born. She was the oldest of three daughters. Her mother, uby,…… [Read More]
Amendments to the Constitution
In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hearing is scheduled. It focuses on the evidence and if there is enough to warrant a trail. If the judge is convinced there is enough evidence, they will schedule a date and time for a jury trial. This is when there will be series of hearings challenging the discovery process, the evidence and any that could have been collected in violation of the Constitution. In these situations, the judge will rule on the evidence and determine which items can be included at trial. During the process, both sides will call witnesses and try to prove their case. (Hess, 2014) (Parpworth, 2012)
At the heart of these issues…… [Read More]
Political or Social Problem
Racism has been a major social problem in American history going back to the colonial period of the 17th and 18th Centuries, and by no means only in the former slave states of the South. In fact, the condition of blacks in the United States has always been a central social, political and economic problem that resulted in the nation's most destructive war in 1861-65 and in its most important civil rights movement in the 1950s and 1960s. As the moral and spiritual leader of the latter, Martin Luther King's place in American history is well-known: this was the central preoccupation of his life from 1955-68, and he died as a martyr to this cause. Karl Marx was merely a foreign observer of the U.S. Civil ar, but he understood the issues of slavery and racism very well and was an enthusiastic abolitionist and supporter of…… [Read More]
Kenneth Burkes Dramatism Theory and Seton Hall
Today, Seton Hall University is attended by nearly 10,000 male and female students, but it has not always been that way. Just over a half century ago, Seton Hall University was a male-only institution that only accepted female students into its main South Orange campus after a series of debates that spanned more than 4 years. The artifacts of interest for this study are two newspaper articles from issues of the Setonian in 1963 and 1967, with the first announcing the student vote concerning whether Seton Hall should be a co-educational institution and the second announcing the approval of the initiative. This paper reviews the relevant literature to connect these articles to Kenneth Burkes' Dramatism Theory concerning the reasons women are treated less fairly than men and why they have not experienced the same academic fairness as men. Finally, a summary of the…… [Read More]
Clause 2 of the United States Constitution outlines the process whereby the President of the United States is entrusted with the responsibility of selecting the Supreme Court Justices: "The President...shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States." Because unlike other public servants, Supreme Court Justices serve for life, their appointments need to be considered carefully. The general public cannot be trusted to make decisions this important with proper care and consideration. The most recent election of Donald Trump further proves this to be the case. Even though presidential appointments are problematic in their own way, they still remain the best solution to protect the system of checks and balances.
The recent fiasco with the opposition government stymying the President's Supreme Court nominees shows that…… [Read More]
Human esource Management Issues -- Affirmative Action
The long history of the United States includes a shameful three-century-long period during which African people were rounded up in their native lands, bound by shackles, forced into the putrid, rat-infested holds of ships, and transported to North America where they were worked, often to death, as slaves, especially in the southern states. Despite the fact that the institution of slavery officially ended by the 1865 enactment of the Thirteenth Constitutional Amendment, known as the Emancipation Proclamation, it would be an entire century before black Americans received the full rights of citizenship and the same protections of law to which they had officially been entitled since the era immediately following end of the American Civil War.
During that time, they endured systemic discrimination, frequently with the outright support or tacit approval of local, state, and federal authorities, including law enforcement (Edwards, Wattenberg, &…… [Read More]
Finally, torture is the best means to try to get this information from the suspect (McCoy, 2006). Taken as a whole, these circumstances are so unlikely to occur that, even if the ticking bomb scenario would justify the use of torture, it has not ever occurred and, therefore, cannot be used to justify torture.
In fact, what many people who advocate in favor of torture fail to acknowledge is that while torture may be guaranteed to elicit information from even the most reticent of subjects, there is no reason to believe that torture will elicit truthful information. The theory behind torture is that, with the application of sufficient pain and fear, people will talk, and that does appear to be true in the vast majority of cases. However, it is more important to wonder what they will say than whether they will talk. In the non-terrorist scenario, "About 25% of…… [Read More]
Marjorie Kinnan Rawlings, a Florida Folklife riter
It is important when pursuing the study of history, not to get caught in the habit of reciting historical dates and facts. If this is the true study of history, then it involves nothing more than memorization. For one to truly understand why the people of a certain time period behaved as they did, it is necessary to get into their personal daily lives. It is important to know the passions of their daily struggles. It is rare that we get such as glimpse into these other lives, so long ago. This is the type of valuable information that we get when reading the works of Marjorie Rawlings.
Marjorie Kinnan Rawlings is one of the most famous Florida writers of all time. She loved the folklife in Alachua County, Florida and has been compared to Henry David Thoreau in her style. She gives…… [Read More]
America: A nation of paradoxes
America is a nation of paradoxes. On one hand, it is a nation that has symbolized freedom to many immigrants, as poignantly illustrated in Emma Lazarus' poem "The New Colossus," a poem included on the famed Statue of Liberty that greeted so many refugees as they strove to escape from Europe and avoid intolerable situations. The Lazarus poem proclaims the dawning a new America, free of class restrictions, which can offer prosperity even to the poorest new arrival. Yet federal policies in regards to African-Americans and Native Americans have been marked by injustice and prejudice. The American Dream of egalitarianism exists next to an ugly strain of racism that has run through the thread of American history since its inception.
Emma Lazarus' poem is perhaps the most explicit, famous rendition of the American dream: "Keep, ancient lands, your storied pomp... / Give me your tired,…… [Read More]
his League advocated the peaceful and friendly expansion and recognition of African-American culture and roots in Africa. It also helped pave the way for more militant African-American advocacy groups that found their way into popular African-American culture and society during the Harlem Renaissance. he Universal African Legion also had affiliate companies and corporations, which gave African-Americans more cultural, economic, and political clout and representation during this time period. Garvey was a crucial figure in the uniting of African-Americans toward the singular goal of improving their cultural and social conditions inside the U.S.
he New Negro movement was an over-arching hopefulness that African-American culture and society could successfully flourish in the post slavery era. Garvey played a major role in helped to culturally establish the African-American agenda of upward social mobility and desegregation (Locke, 1997). he Harlem Renaissance was a movement with limited scope that took place during the 1920's and…… [Read More]
" (Dafler, 2005) Dafler relates that for more than thirty years children who were 'half-caste' "were forcibly removed from their families, often grabbed straight from their mother's arms, and transported directly to government and church missions." (Dafler, 2005) This process was termed to be one of assimilation' or 'absorption' towards the end of breeding out of Aboriginal blood in the population. At the time all of this was occurring Dafler relates that: "Many white Australians were convinced that any such hardship was better than the alternative of growing up as a member of an 'inferior' race and culture." (2005) it is plainly stated in a government document thus:
The destiny of the natives of Aboriginal origin, but not of the full blood, lies in their ultimate absorption by the people of the Commonwealth, and [the commission] therefore recommends that all efforts be directed towards this end." (eresford and Omaji, Our…… [Read More]
Chapter 17 entitled "In the Wake of War," chronicles the political aftermath of the American Civil War, the Reconstruction Era, and the settlement of the American West during the latter half of the 19th century. In the words of the chapter, although civil conflict had been stemmed in America, there were just as many new problems for the emerging union as there were new, proffered solutions regarding racial tensions in the wake of reunification. Many of these problems were 'solved' with political half-measures as the triumphs of self-interest of politicians wishing to capitalize upon the South's weakened state became ascendant over the real interests of Blacks in the union. The promises made to African-Americans were eventually subsumed to the perceived needs of a unified nation and an ascendant federal congress.
The ultimate aftermath of the war saw only a technically freed African-American people, but a people whose rights were…… [Read More]
Same sex marriage has been a topic of much debate in recent years. Many believe that same sex marriage should not be allowed, while others assert that homosexuals should have the right to be legally married. The purpose of this discussion is to investigate the historical context, political impact, sociological impact and the psychological and philosophical perspectives of this issue.
Gay Marriage in a historical context
According to Coolidge et al. (2003) marriage provides a legal gateway to many protections and benefits in American society. In fact many of these protections and benefits do not exist outside of becoming legally married (Mcwhirter 2004). These include access to health care and medical decision making for your partner and your children; parenting and immigration rights; inheritance, taxation, Social Security, and other government benefits (Mcwhirter 2004). It is because of these protections and benefits that same sex marriage has become such…… [Read More]
Power, Inequality and Conflict
The two theorists used in this paper to explore the theme of “power, inequality and conflict” are W. E. B. Du Bois and Patricia Hill Collins. The theme is one that gets to the heart of the struggle within the American Experience. The great attraction of the American Dream has always been that people are created equal and are endowed with a natural right to pursue life, liberty and happiness. For many minorities and marginalized persons in America, however, the Dream has a way of turning into a nightmare. Whether because of segregation, Jim Crow laws, gender pay gaps, or all manner of harassment (both sexual and racial), the theme of “power, inequality and conflict” has been a constant one throughout American history. While Du Bois explores this theme in “The Conversation of Races,” it is Patricia Hill Collins who is most helpful in providing understanding…… [Read More]
No Justice, No Peace
In Z-Ro’s “No Justice No Peace,” the hip hop artist states, “No justice, no peace
It's us against police. Every time I turn around they shoot another brother down.” The argument made by the artist is that police brutality and oppression is marginalizing African-Americans and making them fearful of the law—which to them represents white rule, white power, and white aggression. The artist, like all hip hop artists, is coming from a traditional of criticism against Jim Crow: his descendents are men like Malcolm X and MLK, Jr., Ice Cube, and Tupac Shakur. Z-Ro’s words echo with all the history of those stories and more rolled into a monumental protest anthem. It is an anthem that many can understand. However, there is also a racial component to it that disqualified anyone who is not African-American from identifying with the song. For instance, others who are white…… [Read More]
Under these circumstances, an ethical dilemma is born. Should society control its development or leave it to chance? And in the case that it should control it, which categories should it help?
If the person in the above mentioned example is helped, we could assume that in a certain way, the person who was not helped because he or she already disposed of the necessary means, the latter one might be considered as having been subject to reverse discrimination. Yet we ought to look at the picture from an utilitarian point-of-view. Under these circumstances we might state that society as an overall system has more benefits from helping the categories which are in bigger need of help (for example the ones mentioned in the principles of affirmative action).
ut what are the exact principles of affirmative action: let us take a look at them and analyze them. Title VI, section…… [Read More]
Formally, 'Aparthied' may have been dispersed inside the United States and South Africa. On the other hand, there is still the illegal version, in every way that is still bad, every bit as evil and just as belittling as all segregation was destined to be.
In "Little Rock Central: 50 Years Later," HBO's 2007 which was a documentary concerning the present-day Little Rock Central High School, a teenage girl mentions, "You [Caucasians] have it all fed on a silver spoon from the day you were born." The writer Jonathan Kozol makes this affirmation in his statement that was in a 2005 article from Harper's Magazine: "The current per-pupil expenditure level in the New York City [public] schools is $12,700, which can be linked with a per-pupil expenses equal in the additional of $23,000 in the wealthy suburban region of Manhasset, Long Island." Furthermore, he mentions that New York City schools…… [Read More]
Even if the decision might not be popular, wrote the court, "from the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law," and because these procedures are often very complicated to understand, "this noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him," when he or she is striving to make a credible defense before a judge or jury. ("Gideon v. ainwright," 1963)
Justice, and the work of the nine men (today, eight men and one women) on the court, is not always about the will of the majority of the American people, it is often about the rights of the individual. A case that demonstrates this principle even more vehemently…… [Read More]
The US constitution is a supreme law guiding the conducts of government, people, and organizations in the United States. The U.S. constitution comprises of seven articles that delineates the form of government. However, before the constitution came into force in 1789, there were philosophical thinking that influenced the compilation of the American constitution.
The objective of this essay is to discuss the philosophical influences on the U.S. Constitution.
John Locke was an English Philosopher and his thinking had the great impact on the American constitution. John Locke believed that all people has alienated rights and they are created equal. John Locke was political philosopher was the early proponent of social contract theory believing that there were certain inalienable rights that people should enjoy. Locke believed that it was people who created the government, and people could overthrow the government if they failed to protect their rights. In his philosophical thinking,…… [Read More]
Federalism and Constitutional Debates
One of the most significant and innovative ideas in the American Constitution is federalism even though the word does not appear in it. This concept entails sharing of power between two different levels of government i.e. federal and state governments. Through this system of government, power from the central government is shared to state governments. While federalism has existed in the United States for centuries, there are numerous problems relating to the sharing of power between these different levels of government. These problems have generated constitutional debates on whether the concept has positive or negative impacts on certain fundamental rights. An example of an issue that has generated such debates is privacy rights i.e. whether some federal laws infringe on individuals right to privacy. This paper will examine the positive and negative impacts of federalism on privacy rights and identify the most significant impact.
Positive Impact…… [Read More]