Blog #4: Pick 3 cases from the previous list. For each case:
- Explain the holding and majority opinion (and notable dissent)
- Explain what judicial philosophy is reflected
- Evaluate the context of the decision with the framework of your own beliefs (e.g. if you select Roe v. Wade, explain your postition on abortion).
Plessy v. Ferguson
- This case established that Louisiana's law mandating racial segregation on its trains is, in fact, within constitutional boundaries based upon the separate-but-equal doctrine. As long as the two different facilities are actually equal, it satisfies the Fourteenth Amendment. This case won with a 7 to 1 vote. The one opposing vote would most likely argue that segregation in itself constitutes unlawful discrimination and that separate is not equal.
- The judges in this court case are basically "tip toeing" around the 14th amendment. The 14th amendment establishes citizen rights and equal protection of everyone's natural rights. By saying that everything is separate but equal, it technically abides by this amendment, but a lot of people would probably disagree. Does separate really allow a person life and liberty?
- Personally, I do not believe that separate is equal. Regardless of whether both sides are being offered the same opportunities, the fact that it is segregated makes it not equal. There is no reason to have different trains just based upon the color of your skin; that is inefficient and unnecessary. I'm also not sure that this really satisfies the Fourteenth Amendment very well as it was ruled in this case.
Brown v. Board I
- This case established that the segregation of children in public schools solely on the basis of race does deprive the minority children of the equal protection of the laws guaranteed by the 14th amendment. It was widely agreed -- with a 9 to 0 unanimous vote -- that "separate but equal" is inherently unequal in the context of public education.
- The judges in this court case are strictly interpreting and following what is stated in the Fourteenth Amendment of the Constitution. Unlike in Plessy v. Ferguson, this case was (rightfully) ruled that separate but equal does not ensure equal protection of everyone's natural rights, which is what's directly stated in the Constitution.
- Personally, I completely agree with the outcome of this case. Separate education is most certainly not equal and does get interpreted as a sign of inferiority towards the minority children. Part of what makes education today so successful is the interaction between students of different backgrounds, and without that, I believe that public education would not be nearly as effective.
Roe v. Wade
- This case established that a woman's right to an abortion fell within the right to privacy protected by the Fourteenth Amendment of the Constitution. The decision gave a woman total control over her pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. This case won with a 7 to 2 vote. The opposing side to this case would most likely argue that abortion is murder and no woman should be given the right to kill their own child before it even has a chance to live. They would also state that the right to abortion doesn't abide with the 14th Amendment and that there is no constitutional basis to do so.
- The judges in this court case are interpreting the Constitution pretty directly in regards to the 14th Amendment and the protection of a citizen's rights and privacy. They made a ruling not based off of personal or moral opinions, but on whether or not that right is listed in the Constitution (which it is).
- Personally, I do agree with the outcome of this case. Although a person may be morally against the concept of abortion, you have to agree that the right to abortion most certainly satisfies the Fourteenth Amendment. Sure, it would be nice if everyone could keep their babies alive, but if the circumstances are not correct to bear a child, a women should most definitely have a choice to keep it or terminate it.
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