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Which Amendment did the US Supreme Court overturn setting the stage for segregation?
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∙ 14y ago
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The Supreme Court didn't really overturn the 14th Amendment (which is outside their Constitutional authority) so much as they used their person political ideologies to rationalize violating the spirit and letter of the Amendment.
Justice John Harlan I was the lone dissenter on Plessy v. Ferguson, (1896), the case that legally authorized the "separate but equal" doctrine and allowed Jim Crow laws to proliferate throughout the country. The Fuller Court's twisted constitutional interpretation remained relatively intact until the Plessy decision, and the separate but equal doctrine, were declared unconstitutional in Brown v. Board of Education,(1954).
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Did all Amendments to the Constitution come in reaction to Supreme Court decisions?
No, not all of them, although it's fair to say the Eleventh, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Nineteenth and Twenty-Sixth Amendments were necessitated in some way by Supreme Court decisions.The first Ten Amendments (Bill of Rights) were created to appease some of the states that didn't want to ratify the Constitution without some guarantees of protection from the federal government.The Eleventh Amendment was a reaction to the Supreme Court's decision in Chisholm v. Georgia, (1793), because the Court held the states lacked sovereign immunity from being sued by citizens for war debt accumulated during the Revolution.The Thirteenth, Fourteenth and Fifteenth Amendments (also called the Reconstruction Amendments) were created as a result of the Civil War; however, the Supreme Court's decision in Dred Scott v. Sanford, (1857), was a major kindling factor in that war.The Sixteenth Amendment was a direct reaction to the Supreme Court's decision in Pollock v. Farmers' Loan & Trust Co., (1895), which declared Congress' attempt to institute an income tax unconstitutional.The Nineteenth Amendment granting women's suffrage wasn't ratified as a direct result of a Supreme Court case, but was necessitated by the Court's interpretation of the Fifteenth Amendment not applying to women, in Minor v. Happersett,(1875), an equal protection challenge based on the Fourteenth Amendment. The Supreme Court's peculiar interpretation of the Fifteenth Amendment was that it "...did not confer upon women the right to vote but only the right not to be discriminated against on the basis of their sex in the setting of voting qualifications."The Twenty-Sixth Amendment reducing the national voting age for both federal and state elections from 21 to 18 was ratified in response to the Supreme Court's decision in Oregon v. Mitchell, (1970), in which a divided Court declared Congress could reduce the voting age for federal elections, but did not have the authority to override state voting regulations. The states, contemplating the expense and confusion of holding separate elections for state and federal office, were happy to agree to this Amendment.Most of the other amendments involved what the Court refers to as "political questions," which it typically declines to hear.
Why was the 18th amendment important to The Great Gatsby?
Because the setting of the book takes in the 1920s and that was during the prohibition era. In the book, the mysery of how Gatby made his money is revealed when they call him a bootlegger, because he was selling alcohol while it was illegal.
Why was Texas v. Johnson important enough to be heard by the US Supreme Court?
Texas v. Johnson was important enough for the US Supreme Court to hear because it involved a crucial decision about whether burning (and other flag desecration) was protected as a form of free speech under the first First Amendment. Many cities had laws prohibiting the activity, a fairly common means of political protest. Only the Supreme Court has jurisdiction over laws affecting the entire country, so they needed to make the decision, because a First Amendment interpretation affects the entire country and is a matter of national importance.Background InformationIn 1984, Gregory Johnson participated in a political rally protesting U.S. war policies. The protest culminated in Johnson and others dousing an American flag with kerosene and setting it on fire in the streets of Dallas.Johnson was arrested under the Texas Venerated Objects Law, which outlawed intentionally or knowingly desecrating a flag in a way some observer might find seriously offensive. He was found guilty and sentenced to a year in prison plus a $2,000 fine.Johnson appealed his case to the Court of Criminal Appeals of Texas, the equivalent of a Texas Supreme Court for criminal cases (Texas has two high courts: one for criminal cases and one for civil cases), which reversed the lower court's decision on the grounds that burning the flag was protected by the First Amendment as expressive political speech.The State of Texas, hoping to preserve the flag desecration statute, appealed the state's ruling to the US Supreme Court. The Supreme Court granted certiorari.In a 5-4 vote, the US Supreme Court held that the Texas law stating desecration is illegal if "the actor knows it will seriously offend one or more persons," was a deliberate attempt at suppressing free speech, and therefore was unconstitutional. Johnson had the right to invoke First Amendment protection because the burning occurred in the context of a political protest.Case Citation:Texas v. Johnson, 491 US 397 (1989)For more information about Texas v. Johnson, see Related Questions, below.
When did the government cut funding for the Vietnam war?
Following the Paris Accords on January 27, 1973, Congress prohibited funding US military action in the war with the Case-Church Amendment in June, 1973, setting a cutoff date of August 15, 1973.
What is the setting of Mackenzie Blue?
the setting is in Brookdale
The 1908 case of Muller v State of Oregon was the precedent setting in that the supreme court?
The 1908 Case Of Muller Vs. State Of Orgeon Was Precedent Setting In That The Supreme Court
What was the outcome of Hazelwood vs Kuhlmier?
In the Hazelwood v. Kuhlmeier case, the Supreme Court ruled in favor of the school district, allowing them to censor school-sponsored publications if the content is reasonably related to legitimate educational concerns. This decision limited student First Amendment rights in the school setting.
What is the synonym for segregate?
A synonym for segregation is separation, isolation, exclusion, setting apart, apartheid, seclusion, discrimination, ghettoization
Who made the decision that setting limits on the number of terms that a senator or a representative can serve is illegal?
The Supreme Court
What is the setting of the lily-white boys?
The setting of "The Lily-White Boys" is a small town in the southern United States during the early 20th century, where racism and segregation are prevalent. The story deals with themes of social injustice and discrimination.
What is the setting in the book the help?
The setting of "The Help" is primarily in Jackson, Mississippi in the early 1960s, during the civil rights movement. The story takes place in a time of racial segregation and inequality, and focuses on the lives of African American maids working for white families.
What is the correct gapping setting on a 1988 cutlass supreme?
The spark plug gap is listed on a placard under the hood and in your owner's manual.
Three constitutional provisions that has helped to change your national government?
There are many things that have changed the national government. The initial setting up of the Constitution, not allowing segregation, and women's equal rights.
Did all Amendments to the Constitution come in reaction to Supreme Court decisions?
No, not all of them, although it's fair to say the Eleventh, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Nineteenth and Twenty-Sixth Amendments were necessitated in some way by Supreme Court decisions.The first Ten Amendments (Bill of Rights) were created to appease some of the states that didn't want to ratify the Constitution without some guarantees of protection from the federal government.The Eleventh Amendment was a reaction to the Supreme Court's decision in Chisholm v. Georgia, (1793), because the Court held the states lacked sovereign immunity from being sued by citizens for war debt accumulated during the Revolution.The Thirteenth, Fourteenth and Fifteenth Amendments (also called the Reconstruction Amendments) were created as a result of the Civil War; however, the Supreme Court's decision in Dred Scott v. Sanford, (1857), was a major kindling factor in that war.The Sixteenth Amendment was a direct reaction to the Supreme Court's decision in Pollock v. Farmers' Loan & Trust Co., (1895), which declared Congress' attempt to institute an income tax unconstitutional.The Nineteenth Amendment granting women's suffrage wasn't ratified as a direct result of a Supreme Court case, but was necessitated by the Court's interpretation of the Fifteenth Amendment not applying to women, in Minor v. Happersett,(1875), an equal protection challenge based on the Fourteenth Amendment. The Supreme Court's peculiar interpretation of the Fifteenth Amendment was that it "...did not confer upon women the right to vote but only the right not to be discriminated against on the basis of their sex in the setting of voting qualifications."The Twenty-Sixth Amendment reducing the national voting age for both federal and state elections from 21 to 18 was ratified in response to the Supreme Court's decision in Oregon v. Mitchell, (1970), in which a divided Court declared Congress could reduce the voting age for federal elections, but did not have the authority to override state voting regulations. The states, contemplating the expense and confusion of holding separate elections for state and federal office, were happy to agree to this Amendment.Most of the other amendments involved what the Court refers to as "political questions," which it typically declines to hear.
What is the setting in grandmother's victory by maya angelou?
"Grandmother's Victory" by Maya Angelou is set in the American South during the time of segregation. The story takes place in a segregated train car where a young Maya is traveling with her grandmother. The setting highlights the racial tensions and injustices prevalent during that period.
How is racism and segregation related to the book fences?
The book Fences is largely about a negro family liviving an setting of folks who idealy a white Society however they must overcome the simple differences in family relationships.
What does eleventh mean?
11th AmendmentThe 11th Amendment came about as a direct result of the Supreme Court decision in Chisholm v Georgia (2 U.S. 419) in 1793 (see the Events Page for details). Congress felt that the Supreme Court had over stepped its bounds, and feared it would do so again unless prohibited by the Constitution. The Chisholm case was decided in 1793, just five years after the adoption of the Constitution. The Amendment was approved by Congress on March 4, 1794, and ratified on February 7, 1795 (340 days). The Amendment limits the jurisdiction of the federal courts to automatically hear cases brought against a state by the citizens of another state. Later interpretations have expanded this to include citizens of the state being sued, as well. In Hollingsworth v Virginia (3 USC 378 [1798]), the passage and ratification of the 11th was challenged for two reasons. First because the President did not sign the amendment bill, and second because the amendment presented a situation where people had some legal relief before ratification that dried up after, creating an ex post facto situation. The Supreme Court rejected both challenges, setting some important precedent for future amendments. http://www.usconstitution.net/constamnotes.html
