convicted under the USA Patriot Act of 2003 for "furthering the aims of known terrorism organizations by advocating the violence of the United States government that is called for by those organizations." He was tried and convicted by the Federal District Court‚ and has challenged the constitutionality of this Act on the grounds that it violates his First Amendment right of Freedom of Speech as protected by the United States Constitution. The United States Patriot Act of 2003 makes it a crime to "further
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Rights Essay Throughout the United States’ history‚ the Supreme Court has decided many cases. Their job is to decide whether or not laws‚ or punishments given by lower courts‚ abide by the rules written in the United States Constitution. Their decisions are based upon precedents set by other court cases‚ or their opinions of what the Constitution means‚ if there is no precedent. On the topic of the rights of minors‚ the Supreme Court has justly protected these rights as shown in the cases of In
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an infant [1985] IR 375 [1] when I first read the cases and my opinion on the specific case is unchanged even after reading an article by W.R. Duncan[2]. However W.R Duncan does detail some valid points about the case and the precedent that it may or may not have implied. In this essay I am going to evaluate and discuss Mr. Chief Justice Finlay’s judgment in the Supreme Court with regards to W.R. Duncan article. Analysis The J.H. case concerned a baby who had been placed into an adoption
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Upper Tier Rights There are many cases in the history of constitutional law that involve the wording of the United States Constitution. One case that deals with many parts of the constitution is Miranda v Arizona. This was a case that the Supreme Court voted on in 1966. This is a case of upper tier rights‚ because it deals with the constitutional rights. It mostly deals with the fourteenth amendment which is a right to due process and the sixth amendment which is a right to counsel. A suspect
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The case Gideon V Wainwright all started when Clarence Earl Gideon was arrested for possibly stealing pocket change‚ bottles of coke‚ beer‚ and wine. When Gideon went to trial Gideon believed that an attorney should be appointed to him under the 6th amendment the right to counsel ;however‚ the state of Florida decided that was for federal cases only. After Gideon lost his trial against the state of Florida Gideon found a way to take it further and appealed to the Supreme Court. Once Gideon appealed
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The Texas v. Johnson (1989) supreme court case is very important. It was a landmark supreme court case‚ and decided for all future court cases how the first amendment would be interpreted. They had to look at and determine the extent of the phrase‚ "freedom of speech". Johnson’s action of burning an American flag was to be reviewed and they would have to decide whether his action counted as "freedom of speech‚" and if it was protected by the first amendment. It turned out to be that his action was
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many cases in the United States that have been controversial. Although‚ there are only a select few of those cases that have been able to reach the top court‚ the Supreme Court. Even then not all of the cases that reached Supreme Court gained the status of being a landmark Supreme Court case. Each of these cases that gained the status of a landmark Supreme Court case was by embedding some type of societal impact that lasts to the United States such as‚ Miranda v. Arizona. In order for a case to be
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final execution of federal laws in the United States is its Supreme Court. Article III of the United States Constitution states‚ "[t]he judicial Power of the United States‚ shall be vested in one Supreme Court‚ and in such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court was subsequently established by the first bill introduced in the United States Senate‚ the Judiciary Act of 1789. The court convened for the first time in February 1790 in New York City
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rape; he was punished twenty to thirty years in prison for each. The Miranda v. Arizona appealed but‚ the Supreme Court of Arizona maintain that Miranda’s Constitutional Rights existed in achieving the confession. The U.S. Supreme Court overturned Miranda’s conviction but was retried and convicted‚ without the confession‚ by the State of Arizona.
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The Supreme Court uses various criteria for the consideration of cases. Not all cases may be chosen by the Supreme Court‚ so they must wisely choose their cases. The Court must be uniform and consistent with the cases they choose according to federal law. "Supreme Court Rule 17‚ Considerations Governing Review on Certiorari ’" (Rossum 28).These rules are obligatory to follow because the Court uses it to grant certiorari. There are four basic rules for Rule 17. First‚ the Supreme Court must
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