Youngstown Sheet & Tube Co. vs. Sawyer Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress. Marbury vs. Madison: A landmark case in United States Law and the basis for the exercise of judicial review in the United States, …show more content…
Plessey boarded a car of the East Louisiana Railroad that was designated by whites for use by white patrons only. Although Plessey was one-eighth black and seven-eighths white, under Louisiana state law he was classified as an African-American, and thus required to sit in the "colored" car. When Plessey refused to leave the white car and move to the colored car, he was arrested and jailed. The Court rejected Plessey's arguments based on the Thirteenth Amendment, seeing no way in which the Louisiana statute violated it. In addition, the majority of the Court rejected the view that the Louisiana law implied any inferiority of blacks, in violation of the Fourteenth Amendment. Instead, it contended that the law separated the two races as a matter of public policy. Smith v. Allwright: An important decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. Lonnie E. Smith, a black voter in Texas, sued for the right to vote in a primary election being conducted by the Democratic Party. The law he challenged allowed the party to enforce a rule requiring all voters in its primary to be white. At this point in history, the Republican Party was so weak in the South that most Southern elections were decided by the outcome of the Democratic primary. Southern States claimed that the Democratic Party was a private organization, while Smith said that the law in question essentially disenfranchised him by
There was no clarification on what race would be considered white or what would be considered black. During this incident, “Homer Plessy, who was seven-eighths white and one-eighth African American, purchased a rail ticket for travel within Louisiana and took a seat in a car reserved for white passengers. (The state Supreme Court had ruled earlier that the law could not be applied to interstate travel.) After refusing to move to a car for African Americans, he was arrested and charged with violating the Separate Car Act.”(Duignan 2017). Judge Ferguson ruled that the separation was fair and did not violate the fourteenth amendment. The state Supreme Court also backed up this decision. The case was brought to the Supreme Court and "The law was challenged in the Supreme Court on grounds that it conflicted with the 13th and 14th Amendments. By a 7-1 vote, the Court said that a state law that “implies merely a legal distinction” between the two races did not conflict with the 13th Amendment forbidding involuntary servitude, nor did it tend to reestablish such a condition." (History.com Staff 2009). This decision set the key precedent of Separate but Equal in the United States. Racial segregation kept growing.
In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people
What was the court’s decision in the case? What reason did they give? What landmark case did they cite?
Marbury v. Madison has been hailed as one of the most significant cases that the Supreme Court has ruled upon. In this paper, I will explain the origins and background in the case, discuss the major Constitutional issues it raised, and outline the major points of the courts decision. I will also explain the significance of this key decision.
However, those that favor judicial restraint on the other hand, and thus favor the status quo and the strict construction of the Constitution are conservatives and Republicans. Two landmark Supreme Court decisions that strictly interpreted the Constitution for its literal meaning were Dred Scott v. Sanford and Plessy v. Ferguson. In the Dred Scott case, the Supreme Court ruled that African Americans did not have the right to sue for their freedom, since they were seen strictly by the law as property and not even citizens of the United States. As well, in Plessy v. Ferguson the Court ruled that segregation of public schools was not unconstitutional, even though African Americans were still seen as equal citizens due to the 14th Amendment to the Constitution ("separate but equal"). However, this particular case was then overturned by Brown v. Board of Education, Topeka, Kansas in 1954. The Brown decision, unlike that of Plessy v. Fergusion and Dred Scott v. Sanford expressed judicial activism and ruled racial segregation unconstitutional.
Abstract — Religious influence on judiciary, especially when it comes to Supreme Court Justices, is a complicated issue, and it has been controversial in U.S.. Talking about judgement for the influence, it’s not all-inclusive by only dividing them into liberals and conservatives, instead, a comprehensive approach is to focus on specific cases.
The current Supreme Court membership is comprised of nine Supreme Court Justices. One of which is the Chief Justice and the other eight are the Associate Justices. The Justices are Chief Justice John Roberts, Jr., and Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer and Samuel Anthony Alito, Jr.
He was seven-eighths white and one-eighth black and had the appearance of a white man. Nevertheless, he was arrested and convicted of violating the 1890 law. He filed a petition against the judge and the Plessy v. Ferguson started. The Supreme Court considered the constitutionality of a Louisiana law passed in 1890 "providing for separate railway carriages for the white and colored races." The law, which required that all passenger railways provide separate cars for blacks and whites, stated that the cars be equal in facilities and banned whites from sitting in black cars and blacks in white cars and reserving the right to penalize passengers or railway employees for violating its terms. The Court expressly rejected Plessy's argument that the law stigmatized blacks "with a badge of inferiority," pointing out that both blacks and whites were given equal facilities under the law and were equally punished for violating the law. "We consider the underlying fallacy of (Plessy's) argument" contended the Court, "to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this is so, it is not by reason of anything found in the act, but solely because the
B) For the first time since 1971, the Supreme Court is likely going to be composed of a majority of liberal justices due to the vacancy caused by the resignation of Antonin Scalia. To fill this vacancy, President Obama nominated Merrick Garland, whose political leanings fall between moderate and liberal, but this nomination has not been approved by Congress due to Senate Republicans believing that the incoming president should fill this vacancy. In addition to Scalia’s vacancy, there are a number of potential vacancies in the upcoming years as three current justices are seventy-eight years of age or older; if these vacancies all occur while a Democrat, such as Hillary Clinton, serves as president, it is likely that all three would be filled by liberal justices, making the court split six to three in favor of liberals. This liberal Supreme Court could make many changes related to prison conditions, the death penalty, campaign financing, and abortion. First, the court would potentially eliminate the use of extended periods of solitary confinement on the grounds that this is in conflict with the Eighth Amendment. Likewise, the court would possibly get rid of the death penalty on the basis that it also violates the Eighth Amendment. Additionally, the court could perhaps work to limit the influence of wealthy
I discovered how the Supreme Court came to be. I believe that the Supreme Court is overlooked because they make a lot of important decisions. I think that is disappointing that not many people in our country know any names of the people of the Supreme Court. At first their were six member now their are nine. I learned that when the Supreme court first started, they each had a geographical zone. Today, all citizens now go to the Supreme Court. I am skeptical that the Constitution is silent about exactly what the Supreme court is, what it should do, and how should they do it. In the Constitution it mostly mentions the House of Representatives. I think that Supreme Court is barely mentioned because at first it was underestimated and it was not
In 1890, the state of Louisiana passed the Separate Car Act that required separate carts on the railroad for African-Americans and whites. Plessy was born a free man and was seven-eighth Caucasian and one-eighth African-American. However, under Louisiana law, he was classified as African-American. Thus was required to sit in the "colored" car. On June 7, 1892, Plessy bought a first-class ticket and boarded the "whites only" car of the East Louisiana Railroad in Louisiana. He was immediately asked to move to the “colored” car, and he refused to move. Upon refusal he was arrested for violating the Separate Car Act.
Marbury vs. Madison established two facts in American politics and jurisprudence; that the judiciary was not a lofty, isolated branch of the Government as was envisioned by the Fathers and that the powers of the Judiciary implicated a far greater reach from the bench than was expected, or perhaps as was intentioned. It established Judicial Review, not only as a tool in the arm of the Judicial Branch but it in effect, redistributed certain powers of legislative prerogative to the Courts. This event essentially divided the Courts into two dichotomous schools of jurisprudence; judicial restraint and activism. Those who claim that the Supreme Court has the mandate and authority to, in effect, legislate are called activists. Conversely, those who
The US Supreme Court has a number of powers. These include the power to declare acts of Congress, the executive or state legislatures unconstitutional through the power of judicial review. The supreme court justices are also given the power to interpret the constitution when making decisions, again, through their power of judicial review. It is arguable that it is essential for the supreme court to have such powers in order to allow the American democracy to flourish. However, there is much evidence to suggest that the supreme court holds too much power for an unelected body, thus hindering democracy.
In 1789, the final draft of the constitution of the United States came into effect. In article three it calls for "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." In the article it neither says the duties, powers, or any organization of the supreme court. If left this up to congress and to the justices of the court itself for these details.
run by school officials, that it could be controlled by them, "so long as their