Sunday, February 23, 2014

blog 4

Blog #4: Pick 3 cases from the previous list. For each case:

- Explain the holding and majority opinion (and notable dissent)

- Explain what judicial philosophy is reflected

- Evaluate the context of the decision with the framework of your own beliefs (e.g. if you select Roe v. Wade, explain your position on abortion

          
Plessy v. Ferguson (_1896______)

The supreme court case resulted in the "separate but equal" provision, which ruled it constitutional for the racial segregation in public places. The unanimous decision had a majority opinion of 7 to 1 vote where the major it opinion was written by Justice Henry Billing brown an a dissent by John Harlan. The majority opinion (6 to 3) was lead by Tom Clark and dissent by John Harlan. The judicial philosophy reflected was judicial activism due to its decision of shifting policy and going against the constitutional statement of "all men are created equal." My position on segregation is in favor having segregation illegal because there is not difference between ethnicities. Everyone is equal even when they have their physical differences.


Mapp v. Ohio (_1961______)                      
The Supreme Court case resulted in the prohibition of the use of evidence or information violating the 4th amendment, which defended  " unreasonable searches and seizures", in the state law criminal prosecutions.  The judicial philosophy reflected is judicial restraint because of the judiciary's lack of changing the ruling based on the 4th amendment. The holding is restrained due to previous decisions and laws. My position on privacy rights is in favor that individuals of society are entitled have privacy from being searched and seized by the government. It is not fair for the government to unreasonably interfere in the lives of certain individuals without sufficient known evidence.


Roe v. Wade (__1973_____)                        
The supreme court case on abortion resulted in the decision that it was considered a crime to aid a woman in receiving an abortion and a woman has the right to privacy under their due process rights.
The  court ruling was 7 to 2 , where the majority opinion was lead by Harry Blackmun and a dissent by Byron White. The judicial philosophy reflected  is judicial activism because it shifts policy and decides that it be criminal for abortion aid. My position on abortion is in favor that a woman had the right to do whatever she wants , as long as she is not influenced by other individuals. Her decision must not be pressured or influenced by others. 
          


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