Sunday, May 24, 2020

The Supreme Court Had To Ultimately Determine Whether Or

The Supreme Court had to ultimately determine whether or not the Bakeshop Act of 1895 violated the Fourteenth Amendment’s due process clause. After two days of oral arguments, the Supreme Court voted 5 to 4, in favor of Lochner. Hall and Patrick (2006) notes that Justice John Marshall Harlan was initially attached to writing the opinion of the court. However, Justice Harlan was unable to maintain a majority and, as a result, Justice Rufus Peckham wrote the majority opinion (70). Following the shift, the majority opinion of the Court found that the New York law was, in fact, unconstitutional for several reasons. Justice Peckham argued that the state’s use of police powers must be exercised â€Å"in a legitimate, fair, and reasonable way† (70).†¦show more content†¦Justice Oliver Wendell Holmes Jr., on the other hand, provided a dissenting opinion which argued that the Court should rule in favor of the state legislature. Justice Holmes agreed with the diss enting opinion of Justice Harlan, Justice White, and Justice Day. However, Justice Holmes argued that the Court must respect the will of the American people and, by ruling in Lochner’s favor, the Court was ignoring popular will (71). Justice Holmes also noted that â€Å"the Fourteenth Amendment had not enacted Mr. Herbert Spencer’s Social Statics,† (71) which had suggested that differences among social classes were inescapable and, as such, the law should perpetuate such differences as they were deemed â€Å"good† for society (71). The decision of Lochner v. New York (1905) was exceptionally controversial and the period following this court case would be infamously known as the Lochner era (72). The industrial growth brought forth rapid social and economic changes which prompted states, like New York, to mitigate its various consequences. The Court’s use of its judicial review, however, subsequently allowed for the Constitution to adopt a specific economic theory – an economic theory that would be used to strike down countless reform regulations on federal child labor laws, minimum wage laws, and regulations on various industries (72). Hall and Patrick (2006) state that the Lochner v. New York (1905)Show MoreRelatedCourt Law : Legal Definitions And Aspects Of Court Cases1132 Words   |  5 Pagesrule under various circumstances. As in many court cases, it comes down to the facts and circumstance to determine the taxability along with the burden of proof is on the petitioner. These facts and circumstances will determine 1) Whether the taxpayer’s settlement is eligible to be exempt from taxation; 2) The portion of settlement that is exempt from taxation 3) The portion of the settlement that is taxable; 4) The treatment of lawyer fees 1. Whether the taxpayer’s settlement is eligible to be exemptRead MoreSupreme Court Cases, Thematic Essay861 Words   |  4 PagesThematic Essay-Supreme Court Cases The outcome of cases that have gone through the United States Supreme Court judicial branch have each had a major impact on how the laws and amendments of the United States Constitution are interpreted. Two cases in particular that expanded constitutional liberties is the case of Engel vs. Vitale (1962) and the case of Tinker vs. Des Moines School District (1969). Not only did both of these cases expand constitutional liberties in general, they more specificallyRead MoreNfib vs. Sebelius Essay879 Words   |  4 PagesIn the Supreme Court case NFIB v. Sebelius, Roberts establishes his opinion on the role of the court, taking in consideration John Marshall’s opinion of judicial review in Marbury v. Madison; judicial review is present in both cases but in different ways. Roberts was aware that allowing Congress the power to control the purchase of healthcare services under the Commerce Clause was overstepping its boundaries, and so his opinion stating that Congress cannot con trol inactivity created precedentialRead MoreEssay about The Judicial Branch1512 Words   |  7 Pagesapplying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively, the Supreme Court, the President, and CongressRead MoreSame Sex Marriage Is An Inflammatory Issue In Today’S Political1577 Words   |  7 Pagesdestroying America’s moral fabric from segments of the right. Meanwhile the idea of same sex marriage is becoming more and more accepted among young generations. The courts lie in the middle of this chaos. When laws are passed which discriminate against members of the LGBTQ commu nity and are met with legal challenges, it is up to the courts to make a difficult decision. They must decide if the rights of the minority are important enough to disregard the will of the majority of voters. To do this, theyRead MoreThe Judicial Branch Of The United States Essay1681 Words   |  7 Pagesapplying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively, the Supreme Court, the President, and CongressRead MoreThe Lincoln-Douglas Debates and Their Profound Effect on Political Affairs683 Words   |  3 Pagesof Senators in the 1850s was still the province of the state legislature the de bates between Lincoln and Douglas still had a profound effect on the political affairs of the time and played a significant role in the outcome of the Presidential election held just two years later. Abraham Lincoln lost in his bid to be elected to the United States Senate but in losing he ultimately won as his debates with Douglas established him as a strong voice against slavery and catapulted him into the PresidencyRead MoreThe Patient Protection and Affordable Care Act: An Analysis of Argumentative Articles941 Words   |  4 Pagesinitially seemed to generate very little confusion, it gradually developed into a country-wide dispute with a large segment of the media denouncing its status. Articles like Republicans argue for extending Obamacare delay, Nick Wings A Year After Supreme Court Ruling, Obamacare Is Still Constitutional, Nation Still Hasnt Imploded, and Paul Krugmans The Obamacare Shock all discuss about the negative aspects of the act. It seems that a simple Google sea rch generates results that are generally againstRead MoreIncreasing Prevalence Of Class Action Waivers1166 Words   |  5 Pagesexplained below, involved the California state contract law doctrine of unconscionability. Nonetheless, the Supreme Court eventually struck down this argument but the decision eventually sparked the now controversial circuit split which has led to the Supreme Court granting certiorari to grant clarity on the issue of class action arbitration waivers. A. The Unconscionability Doctrine and the State Court Challenges Arising Out of California Before the current developments, class action waivers in arbitrationRead MoreThe Ernesto Miranda Case Study: How Miranda Warning Became an Important Part of Law Enforcement1600 Words   |  6 PagesMiranda Rights Introduction In 1966 the U.S. Supreme Court issued its landmark ruling in the case of Miranda v. Arizona that laid the groundwork for the Miranda warning police have been required to read to persons taken into custody before they begin questioning (Siegel, 2010, p.339). Since that time, the concept of Miranda rights has been common knowledge among both law enforcement officers and criminal defendants. These rights have been portrayed on television and in the movies, enabling many

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.