... reversed, but the six Justices voting for reversal were unable to agree upon an opinion in support of the decision. They stated that the constitutional test for obscenity is "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to ... and that the film in question was not as such. The reason that this case should be considered interpretist is that they applied a constitution "test" om what is and what is not pornography. Although they used there own opinions on deciding if it was or wasn't pornography, they...

• Word Count: 2444
• Approx Pages: 10
• Grade Level: High School

... purpose, objective, or interest is of a "compelling public interest- and there is no less restrictive way of accomplishing said purpose. Typically, this test is applied to suspect classifications, which refer to classifying people according to their religion, national ethnic origin, race, or color. Suspect classification falls under the equal protection clause of the 14th Amendment where it ... is written that a state cannot deny equal protection to anyone within its jurisdiction. In other words the Constitution does not prohibit making distinctions among people, but it does forbid unrea...

• Word Count: 439
• Approx Pages: 2
• Grade Level: Undergraduate

... , which brought networking opportunities that had been previously closed to them (Byrd-Chichester 21). Even though it is clear many students have benefited from the desegregation policy, standard test scores for African Americans continue to lag behind their white counterparts. In addition, studies indicate that the number of African Americans obtaining degrees has only slightly increased. In 1976 ... Health, Education, and Welfare reported in their 1966, "Report on Equal Educational Opportunity," that family background and student attitudes explained far more of the variance in student ...

• Word Count: 6633
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... play their best. Marijuana, the most frequently used drug among this age group slows reaction time, affects memory, and tires an individual out. The tests rarely test for all drugs, including tobacco and alcohol (the drugs most commonly used by adolescents). Since studies show that an estimated 500,000 to 600,000 teenagers in the ... Testing many students for all drugs is expensive, very expensive. Funds may have to be diverted from other, more positive prevention programs. For a single test, it would cost about $55 dollars if medical personnel were to administer and check the results. ...

• Word Count: 495
• Approx Pages: 2
• Grade Level: High School

The Fourth Amendment guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". The constitution specifies that the government must have probable cause ... policy. Even though these kind of searches seem unfair, the law is unclear as to whether these searches are constitutional. Can the school make me submit to a drug test if I want to play school sports? Probably. In 1995 the Supreme Court handed down a case called Vernonia School District v. Acton, where it held that mandatory ... , then you should have the ch...

• Word Count: 2436
• Approx Pages: 10
• Grade Level: High School

... the Act. All are in agreement that repeat offenders pose a danger to society and should be punished for the crimes they have committed and the people they have hurt. The crown states that there is a rational connection between the limiting of voting rights for inmates and respect for the rule of ... changed. My colleagues and I argued that the crown failed to sufficiently show a rational connection between s. 51(e) and its objectives, also how the minimal impairment test is not met and how the proportional effect is missing. With that in mind we feel that s. 51(e) of the Act should be st...

• Word Count: 1434
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• Grade Level: High School

... have been a member of congress, a governor, or a member of the President's cabinet. They should also be able to take and pass a written test, testing them on their knowledge of the court system and their ability to make wise decisions. And lastly, the Supreme Court justices must all have different ethnic ... there is an essay question asking you to describe, "What being a Supreme Court Justice means to you." It is necessary to pass this test, that way were sure to have Justices that know exactly what they"re doing and are knowledgeable enough to perform the tasks their job entitles. ... ...

• Word Count: 564
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... in extracurricular activities are supposed to be the people that make their school look good. They should not be punished for going out for a sport. A student at Tecumseh High in Oklahoma was given a random drug test recently while a teacher listened in to ensure that she was not trying to cheat her way through the test. She said "It was a real intrusion into my ... totally invades students" privacy. It's none of their ( the school's) business." (US Ar. 2). People who participate in sports already have enough pressure riding on them as it is. They are the ones striving to be the best, s...

• Word Count: 917
• Approx Pages: 4
• Grade Level: High School

... based on the color of one's skin. Schools should be more worried about how they look in compared with other educational institutions by their test scores and student grades, then through the multiculturalism flourishing with in their campus. After all, doesn't someone want to receive the best education possible ... mainly of the minority, who passed though medical school with anything short of an A. Doctors take care of people and I wouldn't want someone with 3 attempts to pass the board certification test to perform any kind of medical practices on me. Doctors are supposed to be among ...

• Word Count: 1596
• Approx Pages: 6
• Grade Level: Undergraduate

... ethics of drug testing has become an increased concern for many companies in the recent years. More companies are beginning to use it and more people are starting more to have problems with it. The tests are now more than ever seen as a way to stop the problems of drug ... has purchased the employees time, the employer has a proprietary right to ensure that the time purchased is used as efficiently as possible."(Cranford 6) Many people have a problem with employees having to choose between their job and their drugs. For example what if the person is hooked and cannot do anything about .....

• Word Count: 1159
• Approx Pages: 5
• Grade Level: High School

... explains that sexual content in art, literature, or scientific works are protected forms of press and speech. This is the precursor to the SLAPS test put out by another important obscenity case, Miller v. California. In Miller, the Roth test was again changed. In Miller, the Court affirmed Justice Brennan's beliefs by stating that obscenities must lack "serious literary, artistic, political, or ... scientific value." This test is used today despite certain problems the SLAPS test has run into over the years. The biggest problem the test encounters is the questioning of art. Although mos...

• Word Count: 1758
• Approx Pages: 7
• Grade Level: High School

... Court as Bush clearly wanted to gain a significant political foothold in the Supreme Court by appointing a young Judge with the same ideology. As well as this, Presidents often use a "litmus test" as a decider. After President Bush's nomination of Justice Souter, he was asked whether Souter's view on abortion affected his appointment. Bush confidently said no, however many Presidents appoint politically, it ... appointed by Reagan. Presidents do this understandably as they would like to try and shape the Court's thinking for the best part of two decades. Presidents are not the only peop...

• Word Count: 929
• Approx Pages: 4
• Grade Level: Undergraduate

I believe that the decision making power in this country stems from the Judiciary Branch. They have a lot of power that can go against or for the will of the people. One aspect of this power is judicial review. It is the right of the federal courts to void laws and acts that are in conflict with Constitution, even if Congress ... by the President and approved by the Senate. So this process is a very in-depth procedure. There is a certain procedure that tests the judges for ideological purity. This test is called the litmus test. Some of the judges that have been elected have been argued by S...

• Word Count: 885
• Approx Pages: 4
• Grade Level: High School

... must meet a three step analysis about the constitutionality regarding the level of state violation versus the congressional legislation in place to combat it. The test itself is preformed first by identifying the constitutional right in question. In Garrett, the issue was equal protection. Secondly, the Court decided that ... Congress had not adequately provided a pattern or history of record of continued unconstitutional discrimination by the state against people with disabilities (the second question a case must satisfy). This showing of past behavior is a result of Kimel v. Florida Bo...

• Word Count: 2580
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... them the right to vote and giving them equal protection under the law. These amendments were not helpful because the government and the white people did not follow these laws until the mid-1900's. During and after Reconstruction, there were laws made that limited the civil liberties of African ... carry firearms, starting business, appearing on the streets after sunset, traveling without a permit, etc. Literacy tests required voters to take and pass a test in order to be able to vote. Most freedmen did not know how to write and read and therefore could not pass the tests. Poll ... money t...

• Word Count: 630
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... public school systems are facing a series of major problems. The classrooms are crowded, violence is growing, and test scores are falling. Some people believe the ways the schools are funded are the reasons behind these problems. There have been several ideas brought to ... However, the controversies surrounding parental choice are fairly new. The most discussed and argued issue surrounding vouchers is the inclusion of parochial schools. Many people who believe strongly in the First Amendment's establishment clause, which establishes the separation of Page 2 church and state. This clause...

• Word Count: 1038
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• Grade Level: High School

... Labor Executives' Association, 109 S.Ct. 1402 (1989), Kennedy writing for the majority found that the Fourth Amendment does not require a warrant, probable cause, or a reasonable suspicion test. But unlike Scalia and later Clarence Thomas, Justice Kennedy has shied away from developing an outspoken or confrontational style in his opinion writing. And perhaps most importantly for court watchers ... the states should not have a federally-imposed "agenda". Justice O'Connor is also a leader among Establishment Clause cases, recognizing the "symbolic significance" of governmental acts but sup...

• Word Count: 4693
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... more qualified. In order to explain why Affirmative Action policies fail, one must examine what other sister programs should have done to further minority advancement. Should Affirmative Action programs force people to hire unqualified minorities? The credentials, character, and qualifications of a minority has always been a question. Does a business hire an unqualified individual for a position? Definitely not, but Affirmative Action ... the basis of tests had to show that those exams in face provided good forecasts of how an individual is to perform (130)." However, test results do s...

• Word Count: 2004
• Approx Pages: 8
• Grade Level: Undergraduate

Introduction The Fourth Amendment is the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and shall not be violated. No Warrants shall issue, but upon probable cause, supported by ... Amendment. During a checkpoint, law enforcement officers are stopping every driver at checkpoint. They are stopping the vehicles without reasonable suspicion or probable cause. However, the court has held the balancing test is more appropriate in determining reasonable search than the probable cause standard. In Mich. Dep't of State Polic...

• Word Count: 1159
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• Grade Level: High School

... traditionally been composed of a large percentage of minorities, will be able to compete fairly with white males for educational and employment opportunities. Dr. Martin Luther King, Jr., said that people should be judged "not by the color of their skin, but by the content of their character". This statement is true in every aspect of American society. Morally, discrimination is ... their merit. If two people are of equal merit, then hiring a minority or female over white male is acceptable. This will lead to greater diversity, which from a social and biological standpoint can be benefic...

• Word Count: 928
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... enforcement's efforts to obtain evidence, the line between what may and may not be submitted into evidence is much grayer. One illegal search may violate the constitutional rights of many people. In the case of Rakas v. Illinois , the concepts of possessory interest in the premises and possessory interests in items seized were brought to light. Prior to this case, anyone who ... a new rule. Only if a defendant's legitimate expectation of privacy was violated would he be permitted to request evidence derived from that violation be excluded. This is known as the Katz test, so named for th...

• Word Count: 2672
• Approx Pages: 11
• Grade Level: Undergraduate

... student activity prone to editorial censorship. Also, in my opinion, the nature of the pamphlet targeted a broad and varied group and would not have passed the "Clear and Present Danger Test". The pamphlet did not result in a direct and undesireable result, nor did it instigate an immediate reaction. As was seen in the case regarding Terminiello Vs Chicago that caused the ... of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is oft...

• Word Count: 733
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• Grade Level: Undergraduate

... -party system emerged, Hamiltonian Federalists and Jeffersonian Democratic-Republicans disagreed on many matters. Their political philosophies were complete opposites in almost every aspect. Thomas Jefferson and Alexander Hamilton, the two people whose names appear in the names of the aforementioned political parties, were also very different from each other as well. The Alien and Sedition Acts enacted by the Federalists in ... question of its constitutionality was a responsibility assumed by the Supreme Court. The Alien and Sedition Acts only lasted for a short time and it seems that th...

• Word Count: 696
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• Grade Level: High School

... cut for lack of adequate funds. All this for something that, in principle, is suppose to make a difference but really doesn't. It bothers me when people actually use the argument of deterrence of crime to defend capital punishment. First there has never been a single ounce of statistical evidence that shows capital punishment ... much lower crime rates who do not use capital punishment. It's like telling a person on death row that we are sentencing you to death to prevent people from doing the same thing. Author, James Q. Wilson stated in his book, "I believe that the weight of the evide...

• Word Count: 2619
• Approx Pages: 10
• Grade Level: High School

... stated that the Fourth Amendment allowed for the protection of a person and not just a person's property against illegal searches. The Fourth Amendment written in 1791 states, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by ... court was unsure on weather or not they should consider a public telephone booth as an area protected by the fourth amendment. The court did state that: The Fourth Amendment protects people, not ...

• Word Count: 1082
• Approx Pages: 4