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the majority opinion. -apex
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What did Justice Harlan mean when he said he was constrained to withhold his assent?
Justice Harlan concluded his dissent in Plessy v. Ferguson, (1896), with the following line:"For the reason stated, I am constrained to withhold my assent from the opinion and judgment of the majority."He meant that he could not agree with majority opinionor vote on the case (his was the lone dissent) for the reasons stated in his dissenting opinion.
What document states that the purpose of government include establishing justice and securing the blessings of liberty?
This document is the Constitution of the United States. In the preamble two of its six goals was to establish justice, and to secure the blessing of liberty to ourselves and our posterity.(the younger generations) The Constitution got the idea to establish justice from the IX article from the Articles of Confederation, and they got the idea of secure the blessings of liberty from the Magna Carta.
What was Thurgood Marshalls opinion in Texas v. Johnson?
Texas v. Johnson, 491 US 397 (1989)Justice Thurgood Marshall voted with the majority that Johnson's right to burn the flag during a peaceful protest was protected under the First Amendment as expressive speech, overturning the Texas Venerable Objects Law under which Johnson had been convicted. Marshall did not have a published opinion or make a public statement about the case, however. He signed the opinion of the Court, authored by Justice William J. Brennan, Jr.For JohnsonJustice William J. Brennan, Jr. (opinion of the Court)Justice Thurgood MarshallJustice Harry BlackmunJustice Antonin ScaliaJustice Anthony Kennedy (wrote a concurring opinion)For TexasChief Justice William J. Rehnquist (wrote a dissent)Justice Byron WhiteJustice Sandra Day O'ConnorJustice John Paul Stevens (wrote a dissent)
When Justice Fortas refers to Keyishian v. Board of Regents in the majority opinion for Tinker v. Des Moines which kind of reasoning is he using to support his argument?
Precedent precedentprecedent
a major newspaper runs an editorial declaring that the U.S. Senate should confirm a new Supreme Court Justice. What method of shaping public opinion does this represent?
Direct argument
How does justice mclean deal with chief justice taney's argument in his dessent?
Justice McLean addresses Chief Justice Taney's dissent primarily by emphasizing the principles of liberty and the moral implications of slavery. He argues that the Constitution should be interpreted in a way that upholds human rights and justice for all individuals, rather than perpetuating the institution of slavery. McLean challenges Taney's narrow interpretation of citizenship and rights, advocating for a broader understanding that includes the dignity and humanity of enslaved individuals. Ultimately, McLean's dissent reflects a commitment to equality and the belief that the law must evolve to reflect ethical standards.
What was the constitution basis of justice Murphy's dissent?
The constitutional basis of Justice Murphy's dissent can be found in the Fifth Amendment. It is known as the equal protection doctrine, and it should have protected the young Korematsu from being sent to an American internment camp.
How does justice Brennan support the idea that the flags deservedly cherished place in your community will be strengthened not weakened by the ruling?
Justice Brennan argues that the flag's cherished place in society is maintained and strengthened by allowing peaceful expressions of dissent, as this shows the flag's symbolic power and the strength of the principles it represents. By upholding the freedom to criticize the government or its policies, the flag's importance as a symbol of American values, including the right to protest, is reinforced. This approach reflects a belief that true respect for the flag comes from understanding and upholding the principles it symbolizes, rather than silencing dissent.
What did Justice Murphy base his dissent on?
The constitutional basis of Justice Murphy's dissent can be found in the fifth amendment. It is known as the equal protection doctrine, and it should have protected the young Korematsu from being sent to an American internment camp.
What was the Reasons for Dissent?
Reasons for dissent typically arise from disagreements with prevailing views, policies, or practices within a society, organization, or government. These can include concerns over social justice, inequality, lack of representation, or ethical issues. Additionally, dissent may be fueled by personal values, cultural differences, or a desire for reform and progress. Ultimately, dissent serves as a crucial mechanism for promoting dialogue and driving change.
What did Justice Harlan mean when he said he was constrained to withhold his assent?
Justice Harlan concluded his dissent in Plessy v. Ferguson, (1896), with the following line:"For the reason stated, I am constrained to withhold my assent from the opinion and judgment of the majority."He meant that he could not agree with majority opinionor vote on the case (his was the lone dissent) for the reasons stated in his dissenting opinion.
How can i compare the justice of brown and Harlan?
To compare the judicial philosophies of Justices John Marshall Harlan and Justice Brown, consider their contrasting views on civil rights and the role of the Constitution. Justice Harlan, known for his dissent in Plessy v. Ferguson, advocated for equality and the protection of individual rights, emphasizing that the Constitution should be interpreted as a living document promoting justice. In contrast, Justice Brown, who authored the majority opinion in Plessy, upheld the "separate but equal" doctrine, reflecting a more restrictive view on civil rights during that era. Analyzing their opinions reveals broader themes of justice, equality, and constitutional interpretation in American law.
Are Uniform Code of Military Justice (UCMJ) sanctions?
A classified document is used as source material for a new document. The new document uses classification markings consistent with the source document. What is this an example of?
What does danforth do to those who signed the document presened by proctor?
Danforth refuses to accept the document signed by Proctor and the others, which attests to the innocence of the accused, as he views it as a threat to his authority and the court's legitimacy. He orders the arrest of those who signed it, seeing their actions as an attempt to undermine the judicial process. Danforth prioritizes his reputation and the court's proceedings over justice, demonstrating the dangers of power and the consequences of dissent in the Salem witch trials.
Is there any evidence of a document that can be use that Hammurabi code was just?
While the Code of Hammurabi is often viewed as a pioneering legal document, evidence of its fairness is subjective and varies depending on interpretation. The code establishes specific laws and corresponding punishments, promoting order and social responsibility in Babylonian society. Some argue that its principles of retribution and justice reflect a form of social contract, while others criticize its harshness and the disparity in penalties based on social class. Ultimately, the perceived justice of the code depends on one's perspective on law and morality in ancient contexts.
If a supreme court justice were to disagree with the majority opinion which issue would be most important in forming the dissent?
A supreme court justice may prioritize issues related to constitutional interpretation, the protection of individual rights, or the implications of the ruling on precedent. The dissent could focus on concerns about the majority's approach to legal principles, potential societal impacts, or the integrity of judicial processes. Ultimately, the justice might emphasize the need for a more nuanced understanding of the law or a stronger commitment to upholding civil liberties.
What document dealing with women's rights was inspired by the constitutional principles of justice and equality?
Declaration of Sentiments
