Gibbons Vs Ogden Case Study

Kaelea Tullly Moran v. Burbine Case When detained by the Police in Cranston, Rhode Island for breaking and entering Brian Burine was immediately given his Miranda Rights and he denied his right to a lawyer. Though the entire process the piece seemed to have obtained evidence they Mr. Burbine had committed a murder in near by providence Rhode Island. He confessed to the breaking and entering and tot the murder when he waved his rights. Because Mr. Burbine’s sister knew he had an appointment with a certain lawyer she called his office but he specifically was not available but his partner was.

The Extent Of “Ownership” in Land As discussed above, ownership in land is the interest in land or ownership of an estate. So as a fee simple owner, what rights does one have over the ground, under his or her property or in the airspace above it? From notary or lawyer point of view, these are very important questions because laws governing land, air and water boundaries are involved. “The maxim cujus est solum ejus est usque ad coelom et ad inferos means whoever owns the soil, holds title all the way up to the heavens and down to the depths of the earth (Ziff 94).”

One of the very first trails that would gravely expand the powers of Congress through one single clause, the Commerce Clause, would have to be the Gibbons vs. Ogden case, which took place in circa 1824. The dispute began due to the fact that the state of New York gave Aaron Ogden a state license that allowed him to operate his steamboat ferries between New Jersey and New York. Conflicts emerged, since Thomas Gibbons, who received his license from the federal government, also operated his ferries along the same route. Both men believed that their own license was superior to the other. This dispute then made its way to the Supreme Court.

Webster argued the Constitution was design to settle such economic disputes between states. Allowing concurrent laws to conflict would be dangerous and contagious if not handled by the federal government. Attorney Writ supported the federal supremacy over these states was enumerated in the Constitution. Gibbons’ steamboats operated “among several states” (US National Archives & Records Administration n.d.), and the Commerce Clause states, “ Congress shall have the power to regulate commerce with foreign nations, and among several States, and with Indian tribes” (US National Archives & Records Administration n.d.). Gibbons’ steamboats in fact operated in New Jersey and in New York; therefore it aptly applied in this situation.

Caption: Brumfield v. Cain, 576 U. S. ____ (2015). In this case, Brumfield, the petitioner, wants the United States Supreme Court to review a decision by the United States Court of Appeals for the 5th Circuit. Facts: Kevan Brumfield was convicted of murder of Betty Smothers, and was sentenced to death by a Louisiana court. This court decision was made before ruling that the 8th Amendment prohibits execution of the intellectually disabled under Atkins v. Virginia. Using the Atkins Mandate, in State v. Williams (2001), the Louisiana Supreme Court decided a hearing must take place to decide if Williams was actually intellectually disabled.

New York, the Supreme Court ruled on many different cases that surrounded states’ involvement in economics and business industry. Kens details how all these cases effected Lochner v. New York. In the book, Kens addresses the debate that many believe that the Supreme Court used laissez faire ideas to rule, Kens states that the court at the time upheld state regulatory measures more often than overturning them. However, Kens does give an overall sense that the court under Fuller did follow the ideas of social Darwinism, illustrating that after changes in justices the Supreme Court would rule in favor of regulations similar to the Lochner case. Kens concludes with the effects Loch v. New York had on later cases and how there is still a debate as to whether the court ruled fairly, using the Fourteenth Amendment to overrule state legislation on workplace

In 1989, the supreme court ruled in Graham vs Connor, a case in which the court held that excessive force claims, in an investigatory stop or arrest, should be analyzed under the Fourth Amendment. The case began when Dethorne Graham, a diabetic black man, filed a case in the District Court under 42 U.S.C. 1983 against respondents in which excessive use of force was used on him and violated his Fourth Amendment right. Graham went to a quick run to the store for insulin when he sensed an onset of one of his diabetic episodes. Graham, along with his friend Berry, went in to purchase some orange juice, however, he saw a long line ahead of him and decided to leave in hope to find another store.

Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.

(LaFeber, 24) After the revolution, a reliance on British trade threatened to compromise American independence yet again “Because the United States depended on British trade, Sheffield argued, London could demand tough terms. It especially could do so because under the Articles of Confederation, the thirteen states were too weak and decentralized to fight back with a united policy.” (LaFeber, 28) Because the states were not sufficiently unified, the British played the states off one another In fact, the motivation for the writing of the constitution was in large part to unify the states in order to manage trade relations with brutal foreign powers like Britain and

While John Adams was president he was faced with a problem, American ships were getting taken and the sailors were not safe. Earlier the Americans had a problem where the British would not leave the Ohio River Valley, because of this problem the American’s chief justice was sent to Britain to propose a peace treaty, the Jay treaty. This treaty proved successful and in this treaty Britain pulled their troops from the Ohio Valley. The French considered this to be an act of betrayal and attacked the Americans. To end these attacks, three representatives were sent from America to France.

The Missouri Compromise, therefore, had always been unconstitutional”(Brinkley, 2007). This decision led to even more conflict between the North and the South because the North did not agree with the Supreme Court’s

In both the McCulloch v. Maryland and Gibbons v. Ogden cases, John Marshall asserted the power of judicial review, and legitimatized the Supreme Court within the national government. The Marshall Court, over the span of thirty years, managed to influence the life of every American by aiding in the development of the judicial branch and establishing a boundary between the state and national government. John Marshall’s Supreme Court cases shaped how the government is organized today. He strongly believed in Federalism, and that the national government should be sovereign, rather than the states. The Supreme Court under John

The US wasn’t very happy with this behaver they felt like briten didn’t respet them as a country the other problem was the natiive americans they were attacking the western settlers and the US government thought that the british were founding them to kill us and so that tict the US Government was mad bc they couldn’t understand why briten was doing this why didn’t briten repeact them this is why the war hawks a younggroup of congress men were for goin to war and want to kill britien then the older men want to go to paralment and work out a deal which worked for a little while in a traety called Jays Treaty. Now the leader of the war hawks was Henry clay so you can grasp his personality with this quote from him about the war of 1812 Strike wherever we can reach the enemy, at sea and on land. But if we fail, let us fail like men, lash ourselves to our gallant gars, and expire together in one common struggle, fighting for free trade and seamen's rights. During the War of 1812 heres another quote from him about our constitution he Constitution of the United States was made not merely

Throughout history, people had many views of how the US government should be followed or not. We had Samuel Adams who supported that inhabitants must follow the government and people like Thomas Paine and Henry David Thoreau who supported that the government must follow the people. Civil disobedience also comes to mind when defying the government. People question if it 's safe or not or whether it is allowed because of the consequences. These three historical figures each has a different perspective how the government should be handled.

In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.