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.
Law and Philosophy Holmes' "bad man" theory offers insight into the difference between the law and morality. The bad man is not concerned with morality but he is as concerned about the law as any "good" man because in knowing the law, he can avoid getting into trouble. The bad man would lie, cheat, and/or steal if it weren't against the law because he cares not for the morals that underlie
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003) Conclusion Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment.
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
Laws Governing Business Entities Laws Governing Business Organizations Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws
Rule of Law When police searched John Wayne Gacy's house on December 13, 1978 they were completely unprepared for the horrors they would uncover. Although police executed a search warrant that they hoped would provide further insight into the mysterious disappearance of fifteen-year-old Robert Piest, they would soon come to discover evidence that would connect Gacy to at least 32 other murders and disappearances. On December 22, 1978, Gacy freely confessed
Law and Ethics in the Business Environment RIGHT FROM WRONG Business Ethics and the Law Business law fixes the minimum standards of behavior for businesses (Bramble, 2013). Enforcing these laws generally consists of fines involved in the exercise of trade and commerce. Criminal accountabilities must be proven in the appropriate court of law through evidence. Even when found culpable, a business can only be fined as a penalty. But business ethics exceeds simple
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