Preview

Iron's Case Analysis

Powerful Essays
Open Document
Open Document
1987 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Iron's Case Analysis
America, the land of the free and the home of the brave. So much has been sacrificed since the 1700’s to be able to give America that title. Being a junior member of the Justice Department, I have evaluated such cases from Irons and Herman, along with the philosophical readings from Hume, Russell, Arendt, and Cox which date all the way back from the mid-1700’s. With the different perspectives, but ample similarities between them all, we are able to tie in present day events with certain bans and policies implemented today. Iron’s prologue starts off by noting that the Supreme Court has so much power to choose what cases it sees and a majority of cases that have been tried to be reversed, have not been. Iron’s goes on to mention that racial …show more content…
In America, it is pronounced that everyone has equal rights, so who we are should not matter to a court of law. In these readings, if someone with authority decides that a certain race or religion is faulty in any way, everyone must comply with what they believe to be true, even in the worst case circumstances. Power is used in evil ways and it is seen throughout the cases involving Gordon Hirabayashi, Lloyd Barenblatt, Al- Hussayen, and al-Kidd with violation of their Constitutional rights and within the other philosophical readings. Power is taken for granted by the people who are in authority over it and used against American citizens in cruel ways. The cases were all not made morally correct and even went against Constitutional rights. History can be seen to repeat itself in the ways of evil authority and compliance of …show more content…
States were disputing over the inconsistency of equal privileges because all states are different sizes and have different interests. The only thing that was wrong in the sovereignty was that it never ended peacefully. The Court had to take everyone’s needs into consideration in order to make it fair. They drew up a new constitution at the Philadelphia convention. The Constitutional Congress had a stronger justification to decide the set of laws because of all they had already accomplished. This can be related to issues in other cases such as Barenblatt’s. HUAC was the stronger party because of the experience they have had. Someone small trying to overcome HUAC did not work out. Small states opinions were not as powerful as the larger states. The Constitution created a powerful government to act on a national level and kept power separated through different branches, checks, and

You May Also Find These Documents Helpful

  • Good Essays

    Without the decisions the government made together we would've never came into an equal equality, without solving the world’s biggest problems. In the summer of 1787 , fifty five delegates representing twelve of the thirteen states met in philadelphia to fix the national gov’t. The problem was that the government under the articles of confederation, the challenge was to create a strong central government without letting anyone get too much power. How did the Constitution Guard against Tyranny? In further reading you will see how they divided the powers that were given to them to help the nation and states around the world, that fills up the world’s problems.…

    • 630 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In “A Writer’s Response,” Stewart examines the issue of immigration law in the United States. He claims that the decision of the Ninth Circuit Court of Appeals to block President Trump’s immigration order is judicial overreach, without an examination of the Constitution, nor an acknowledgement of the concept of checks and balances upon which our country was founded.…

    • 768 Words
    • 4 Pages
    Good Essays
  • Better Essays

    What poses antagonism, are arguments over whether that decision was just, fair, or moral. In the mindful opinion of this writer, the legal conclusion was completely unethical. Abraham Lincoln delivered a series of oppositional speeches and declarations after the fact. Dyer’s article assigns a commentary which discusses how certain modern scholars try and paint Lincoln’s sentiment another way, against what he truly felt about the situation, and his true moral disgust. Dyer emphasizes that Lincoln had a huge respect for the law, and legal principles based upon natural law, truth, and fairness.9 Dyer states of Lincoln’s love of the law, prior to Dred Scott, as “A younger Lincoln had taught that respect for law – even bad law – was the central doctrine in American civil religion…In a his famous Lyceum Speech in 1838, Lincoln declared, ‘Let ever American, every lover of liberty,”10 never violate the country’s laws. But even then, prior to Dred Scott in that same speech, Lincoln distinguishes that some laws are so badly legislated and need immediate repeal. The national debate, after the dust of the Dred Scott decision had dispersed, centered upon “the territorial question of slavery.”11 Thus, proving judicial authority can falter, in terms of ethics and legal balance, the Dred Scott Decision remains a hot topic among historians and…

    • 1085 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The most significant being its lack of a Bill of Rights. This is an example of how material interests outweigh ideologies of the delegates. The new system of government was drastically different from the former, it was given significantly more power and took key powers away from the state governments in order to create a more strengthened federal system. The people concerned that this new Constitution would enable the government to infringe on these rights without any consideration. The lack of a bill of rights in the Constitution was one of the key reasons why George Mason refused to sign the Constitution, he wrote, “ The Declarations of Rights in the separate States are no security ……

    • 1035 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    -Court sometimes cannot protect minority, they tend to follow American general society’s thought. & Elected branches which want popular position rely on courts to do dirty work. (Burn the Flag case)…

    • 697 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    On the heels of the revolutionary war and the failed attempt of a national government (The Articles of Confederation), the leaders of the United States set to make a stronger, centralized government, with dual sovereignty between the national government and the states. The rules of this governing body would be laid out in a document called the Constitution. Although most leaders supported the constitution they did not agree on many aspects of it. Out of the disagreement two groups emerged, the Federalist and the Anti-Federalist. The Federalist supported all aspects of the constitution and a larger national government, while the Anti-Federalist opposed ratifying the constitution and supported a smaller national government and more sovereignty to the states. This disagreement led to a fierce debate between the two groups that still resonates today. This essay will examine the primary…

    • 591 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In the sole dissent of the Plessey v. Ferguson case, Justice Harlan proclaimed that “[o]ur Constitution in color-blind and neither knows nor tolerates classes among citizens” (Linder, 2016). Yet trials in America have long included conversations about race, such as with the infamous O. J. Simpson trial. Legal distinctions based on race are also frequently made, such as is done when considering college admission. These conversations and distinctions are allowed because in reality, neither the Constitution nor the American justice system are truly color-blind. Nor should they be; a color-conscious Constitution and justice system allow America an attempt to make up for past sins, such as the ruling of Plessey v. Ferguson.…

    • 722 Words
    • 3 Pages
    Good Essays
  • Best Essays

    During the time of World War II, when war was erupting in Europe and Asia, the United States was trying to create ways in which to unite its occupants by instilling a sense of nationalism and patriotism in the minds of fellow Americans. Two important court cases that have helped shape our society today arose as a result of this because of the injustices caused by some of the established regulations. The case of Minersville School District v. Gobitis successfully illustrates how majority rule upsets the subtle balance between individual liberty and national unity that is vital to preserving justice in a constitutional democracy, while the case of West Virginia Board of Education v. Barnette allows for the restoration…

    • 1670 Words
    • 7 Pages
    Best Essays
  • Good Essays

    In Rights of Man, Thomas Paine extols America for its unique attributes of harmony, freedom, liberty, and diversity. These attributes intertwine together and serve as a recipe for one unified country based on privileges and rights for all Americans. Paine’s image of America was slightly skewed in the late 18th century, but holds true especially in today’s day and age. Over the past two centuries, change and reform have transformed the nation into one which provides equality to all regardless of color, sex, or background. Slowly but surely, citizens have fought for and won freedoms which define this country. I believe that Paine’s portrayal of America wasn’t right then, but it is now. After countless struggles, Americans have been able to expose the equal principles of society which Paine admires.…

    • 934 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In 1932, the Powell vs Alabama Case reversed the convictions of nine black men who were accused of raping two white women. All the defendants, apart from one, were sentenced to death after a series of one-day trials and they were given minimal access to their lawyers before their trials which meant their defenses weren’t precisely planned. The convictions were reversed because the Alabama Supreme Court ruled that they weren't given a fair trial, they were denied legal counsel, and the juries excluded members of their race. This was a significant ruling because the Supreme Court had recognised that African Americans were being treated unconstitutionally, and the little rights that they did have, had been violated. This evidence shows that the Supreme Court was important in assisting African Americans achieve their civil rights because the Courts had accepted that African…

    • 1033 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Jury Nullification

    • 1510 Words
    • 7 Pages

    Toth, R. C., Crews, G. A., & Burton, C. E. (2008). In the margins: Special populations and American justice. Upper Saddle River, NJ: Pearson Prentice Hall.…

    • 1510 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Courts are now being said to be using discrimination when charging and convicting people of crimes. Power has an ability to make people see things in a different light. If a certain race continouly is being placed in front of a judge a judge may then just assume that every time they seem someone of that race in their court room they are automatically guilty because of previous encoutners. An example of this is from The Code of the Street, a man named John Turner was aressested for an illegal firearm, the officers believed John when he gave them his reasoning for having the firearm. He was using it as protection, as there were previous stabbings in his neighborhood. While the officers were sympathic to John, they still had to arrest him. When John apperared in court he did not know that he was supposed to have a lawyer present with him, so he was given a public defender. This public defender, was no help to John at all. He wanted John to lie to the judge and plead not gulity even though John had been completely honest with the…

    • 1937 Words
    • 8 Pages
    Good Essays
  • Powerful Essays

    Impact On Citizenship

    • 1150 Words
    • 5 Pages

    It seems to be common knowledge that the United States is a country of immigrants. The “American Dream” carries thousands people’s hope and encourage them to work hard to build their own homes and establish a sense of belonging in the land of freedom and democracy. However, the country of immigrants never fully opened its door to all kinds of people. A question has existed since the nation was established: Who can legally become a citizen of the United States? The answer has been changing over time. In the period from 1790s to 1920s, the United States used race as a fundamental tool to determine who can legally become a citizen by implementing the Naturalization Act of 1790, the Fourteenth Amendment and several Supreme Court cases. In addition to race, non-racial requirements, such as moral fitness and language proficiency, also played a critical role. Specifically during this period, unless born in U.S., Asian ethnic group could not be granted…

    • 1150 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    The Founding Fathers

    • 545 Words
    • 3 Pages

    The United States' Founding Fathers had a difficult task in creating a new type of government that would protect peoples rights and states all while giving the states enough powers for the federal government. The Constitution was approved by the states and passed into law after arguments and solutions at the Constitutional Convention.…

    • 545 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Hertzberg, H. (2002, July 29). Framed up: What the Constitution gets wrong [Review of R. A. Dahl, How…

    • 3555 Words
    • 15 Pages
    Powerful Essays