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Which supreme court decision is indicative of the court's rulings regarding the fourteenth amendment and state discretion in the decades after the civil war?
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∙ 12y ago
Plessy v. Ferguson
Wiki User
∙ 12y ago
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What amendment would taxes on a church service violate?
The 16th amendment of the constitution on the United States of America is written regarding taxes for both people and religious institutions. If a church is taxed it would be a violation of this amendment.
What did the Reconstruction Acts include?
The Military Reconstruction Acts, of 1867 and 68 were four statutes passed during the Reconstruction Era following the War Between the States.A key feature of the Acts was the creation of five military districts in the South, each commanded by a general. These districts would serve as the acting government for the region.In addition, they required each state draft a new state constitution, which would have to be approved by Congress. The states also were required to ratify the Fourteenth Amendment to the United States Constitution and grant voting rights to black men.So 14 amendment, maybe the most litigated amendment, was not volunterely ratified by all states of the United States. Though it is of questionable constitutionality, it is the basis for forming the basis for landmark decisions such as Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage.
What was the last amendment to be ratified by Congress but not ratified by enough states?
The proposed Constitutional Amendment most recently approved by Congress as required is the Washington DC Voting Rights Amendment. It would have have given the District of Columbia the same rights as a state regarding voting representation in the U. S. Senate and House of Representatives and regarding Presidential elections. Congress approved the proposal in August 1978. By the time it passed a self-imposed expiration date in 1985 only 16 of the required 38 states had ratified it.
What amendment is the federal government decided that the state governments were no longer necessary?
There is no amendment in the US Constitution regarding State governments being no longer necessary. What the US Constitution does say is that whatever the US Constitutions laws do not cover, belong to the individual States to determine.
What was the US Supreme Court's decision in Palko v. Connecticut?
Palko v. Connecticut, 302 US 319 (1937)AnswerThe Court held the Fifth Amendment double jeopardy clause did not apply to the states via the Fourteenth Amendment, and that Connecticut had not deprived the defendant of due process by retrying his case and obtaining a harsher penalty.ExplanationThe defendant, Palko, was indicted on first degree murder charges for a crime committed in Fairfield County, Connecticut. At his first trial, the jury found him guilty of second-degree murder and sentenced him to life in prison.The prosecutor asserted the judge had committed the following procedural errors at trial:excluded testimony regarding the defendant's confessionexcluded testimony on cross-examination of defendant to impeach his credibilitythe judge erred in instructing the jury about the difference between first and second degree murderUnder Connecticut law at that time, the prosecution could appeal a criminal case if the court made legal errors. The prosecutor received the trial judge's permission to appeal Palko's case to the Connecticut Supreme Court of Errors. The Court of Errors overturned the jury's decision and remanded the case to the original court for a new trial (State v. Palko, 121 Conn. 669, 186 Atl. 657).Before the new jury was empaneled, Palko's attorney objected to the second trial on the grounds that the Fifth Amendment double jeopardy clause applied to the states via the Fourteenth Amendment Due Process Clause. The attorney raised the same objection at various other points during his client's trial; however, he was overruled in each instance.The second jury found Palko guilty of first degree murder and sentenced him to death. The Supreme Court of Errors affirmed the verdict, and Palko appealed to the US Supreme Court, claiming infringement of his Fourteenth Amendment rights.Supreme Court DecisionOn appeal, Palko asserted the Fourteenth Amendment Due Process Clause fully applied the Bill of Rights (specifically, Amendments I-VIII) to the states.In the opinion of the Court, Justice Benjamin Cardozo disagreed with the petitioner's interpretation of the Fourteenth Amendment, explaining the states only "absorbed" constitutional privileges and immunities that dealt with fundamental liberties, such as freedom of speech, but were not compelled to uphold certain lesser issues that restrained the Federal Government. According to the Court, double jeopardy was not a fundamental liberty, and therefore, Palko had not been denied due process under the Fourteenth Amendment.The US Supreme Court affirmed the second conviction, and Palko was executed on April 12, 1938.DiscussionThe Bill of Rights was originally written to protect citizens from actions of the United States' federal government, and was not applicable to state governments. The doctrine of state sovereignty allowed states to ratify their own constitutions, to which their laws and practices adhered. Some protections were greater than those afforded by the US Constitution, but others were excluded entirely. There was very little consistency from state to state.When the Fourteenth Amendment was ratified in 1868, the Supreme Court looked upon the "Reconstruction Amendments" (13th, 14th, and 15th) primarily as a means of protecting African-Americans' civil rights and status following the emancipation. The Amendment was not considered a tool for incorporating the US Constitution's Bill of Rights to the states, as is commonly believed. In fact, the Supreme Court actively rejected the idea of using the Fourteenth Amendment privileges and immunities clause to apply the Bill of Rights to the states in the Slaughter-House Cases, (1873).Later, the Supreme Court adopted the concept of "absorption," (what we now refer to as "selective incorporation") which uses the Fourteenth Amendment Due Process Clause to selectively apply to the states individual clauses within the Bill of Rights, as need arises. The first rights incorporated were considered "fundamental liberties," such as the First Amendment freedom of speech; while others, such as the double jeopardy clause of the Fifth Amendment, were initially considered less important and not adopted until the latter half of the 20th century. As of 2009, the Second, Third, and Seventh Amendments are still unincorporated, as are a few clauses of certain other amendments.At the time Palko was appealed to the US Supreme Court (1937), the Fifth Amendment had not been incorporated, so Palko's claim ran counter to established precedent.Palko's second trial (that triggered the double jeopardy challenge) was enabled by an 1866 Connecticut state statute that allowed the prosecutor to appeal criminal cases on points of law or legal error to the Connecticut Supreme Court of Errors for reconsideration."Sec. 6494. Appeals by the state in criminal cases.Appeals from the rulings and decisions of the superior court or of any criminal court of common pleas, upon all questions of law arising on the trial of criminal cases, may be taken by the state, with the permission of the presiding judge, to the supreme court of errors, in the same manner and to the same effect as if made by the accused."The Supreme Court's decision in Palko v. Connecticutstood until the Warren Court decided the double jeopardy clause applied to the states in Benton v. Maryland, 395 US 784 (1969).
The forth amendment regarding unreasonable searches and seizures is found in which source of law?
The fourth amendment regarding unreasonable searches and seizures is found in which source of law?
What amendment is male suffrage?
There isn't an amendment concerning male suffarge. But the 19th amendment is the one regarding women's suffrage. (:
What portion of the US constitution were not followed in the Trail of Tears?
The Fourth Amendment regarding siezure of property.The Fifth Amendment regarding just compensation.The Eighth Amendment regarding cruel and unusual punishment.The Ninth Amendment regarding individual rights. In 1832 the Supreme Court ruled in Worcester vs. State of Georgia that the State had no right over Indian affairs. That same court had previously ruled that the Cherokee were not a soverign nation.
What was the 3 civil war amendments?
Amendment 13, 14, and 15 . 13th Amendment abolished Slavery 14th Amendment broad language going well beyond the slave issue: it declared that no states shall "deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws." 15th Amendment gave former male slaves and their descendants a constitutional right to vote
How would you use advocatory in a sentence?
The judge used his ADVOCATORY discretion and knowledge to issue his decision regarding the minor that was being tried in his court.
Important goal of the first amendment regarding religion is?
allowing the free exercise of religion.
What amendment would taxes on a church service violate?
The 16th amendment of the constitution on the United States of America is written regarding taxes for both people and religious institutions. If a church is taxed it would be a violation of this amendment.
How many amendments are about who can vote?
There are three amendments regarding who is allowed to vote: - The 15th amendment gave all races the right to vote. - The 19th amendment gave women the right to vote. - The 26th amendment reduced the voting age to 18.
Can someone help with the amendments regarding simile's using as or like in the sentence?
An amendment is like an assignment because there can be additions added to it.
What did the Reconstruction Acts include?
The Military Reconstruction Acts, of 1867 and 68 were four statutes passed during the Reconstruction Era following the War Between the States.A key feature of the Acts was the creation of five military districts in the South, each commanded by a general. These districts would serve as the acting government for the region.In addition, they required each state draft a new state constitution, which would have to be approved by Congress. The states also were required to ratify the Fourteenth Amendment to the United States Constitution and grant voting rights to black men.So 14 amendment, maybe the most litigated amendment, was not volunterely ratified by all states of the United States. Though it is of questionable constitutionality, it is the basis for forming the basis for landmark decisions such as Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage.
Can a US Supreme Court decision be binding on an Indiana state court?
Yes, US Supreme Court decisions are binding on bothfederal and state courts except in cases where the ruling involves an amendment or clause of an amendment not incorporated (legally applied) to the states. For example, decisions regarding the Third Amendment currently only apply to states in the Second Circuit; decisions regarding the Seventh Amendment, Grand Jury indictments, and excessive bail or fines currently apply only to the federal government.
What amendment do people have the most problem with?
The First on religion and if it also means freedom from religion. And the Second regarding firearms in anyones hands.
