Analysis Of Hernandez V. Texas

In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in privacy. The case attracted much of the public

During the supreme court case U.S v. Lopez, the United States Federal Government’s argument was that carrying a firearm inside an educational environment would lead to a violent crime. A violent crime ultimately affects the population of a school. Due to this, the federal government believed that the commerce clause should be practiced in this case. The Supreme Court backed the previous decision offered by the Five Court of Appeals. In United States v. Lopez, the U.S Supreme Court stated that Congress actually has the ability to make laws under the Clause, but these powers were limited and could not affect the Lopez case.

The Highest court in the United States is the Supreme Court. The Court consists of nine Justices, 1 Chief and eight Associate Justices. Cases that make it to the supreme courts are cases that have been heard and decided from lower courts at the State level. Which cases get picked? For the Judges to actually hear the case 4 of the 9 justices have to agree to hear the case. The Supreme Court does not have the time to hear every case because of time and resource constraints. Nevertheless, if a petition is granted it goes on the discussion list for approval. The Supreme Court only hears cases that involve federal issues. The Supreme Court will ignore the case that involved issues with the State. To mention a few examples of cases the Supreme Court has heard. First, if a case involves a federal issue. Second, if a case raises a new constitutional question. Finally, if two different appeals court issue two different

This week’s case study, Texas v. Johnson, 491 U.S. 397 (1989), Gregory Lee Johnson burned an American flag in front of Dallas City Hall as a means of protest against the policies of the Reagan administration. He was arrested by Dallas police officers and he was charged with violating section 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” In this case, it was the contention of the arresting officers that burning the American flag was an act of desecration which was punishable by law. Section 42.09(a)(3) of the Texas Penal Code was enacted by the Texas State Legislature, at the time when this matter was brought to trial, the parties involved were the State of Texas and Mr. Gregory Lee Johnson. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least

The Supreme Court was faced with a unique paradox during the case Salazar V. Buono; in which their ruling had to coincide with the establishment clause in the first amendment, while avoiding the dissenting opinions of thousands of veterans and their families they threatened to insult with their decision. In 1934, the VFW commissioned a white cross to be constructed on an outcropping known as Sunrise Rock in the Mojave National Preserve. In 1999, the plaintiff, Frank Buono, requested for the NPS to tear down the cross on the grounds that it was in severe violation of the Establishment Clause. The ensuing mess and final ruling seemingly defined the distinction between governmental and religious separation, while also confirming Congress’s

In addition to African Americans, Texans had used a system of racial profiling to convicted Hispanics as criminals between the 1920s and 1950s. Historian Oscar Jaquez Martinez states that “many European Americans sustained the racist premise that since Indian blood ran through Mexicans vines, this made them naturally, irrational, confrontationally, prune to committing to crimes.” This proves that many American states including Texas believed that Hispanics like Mexicans caused trouble. As a result, the texas justice system along with many other states had persecuted many Hispanics through their justice system. According to Oscar Jaquez Martinez, “Mexican immigrants were more likely to face flag flagrant violations of civil rights, trumped-up

This paper will dive in and analyze the decision of the U.S. Supreme Court in the case, Texas v. Johnson, and the still active controversy among the public concerning what circumstances state governments and the federal government have the right to constitutionally prohibit the burning or other form of desecration to the American Flag. Under its decision in Texas v. Johnson the later ruling in the case of United States v. Eichman, in 1990, the Supreme Court had ruled that government can not bring criminal prosecutions against those whom burn or desecrate the American flag so long as they are engaged in expressions of political views without abridging the right of free speech guaranteed under the First Amendment to the United States Constitution at the time. These rulings have sparked public controversy over whether the Court has gone beyond its correct constitutional role and multiple proposed constitutional amendments to overturn the Court 's decisions which have failed to pass due to lack of majority.

This was a racial segregation problem faced in Orange County. It was mostly a problem for the Mexican students because of equality. The kids had to go to different schools no matter what. For them if you were back the Mexican you are Mexican. Then one time five parents decided to step up and challenge the school segregation.

In 1984, a protest was held during the Republic National Convention, in Dallas. The demonstrators were protesting the policies of the Reagan Administration and a few companies based in Dallas. Gregory Lee Johnson, at the time a member of the Revolutionary Communist Youth Brigade, participated in the protest. When the protestors reached Dallas City Hall, Johnson doused an American flag in kerosene and set it on fire. Johnson was charged with violation of Texas law, "intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas." His actions were classified as a class A misdemeanor. Johnson was convicted, sentenced to one year in prison, and fined $2,000. He appealed to the Fifth Court of Appeals in Texas, stating that his actions were protected by “symbolic

In August 2009, the Texas division of the Sons of Confederate Veterans a non-profit organization that works to preserve the memory and reputation of soldiers who fought for the confederacy in the Civil War, applied to have a new specialty license plate issued by the Texas Department of Motor Vehicle. The proposed license plate had two confederate flags on it. Texas SCV sued in federal district court claiming their First and Fourteenth Amendment rights were violated.

The court’s decision insinuated that the fourteenth amendment requires a proportionate representation of all the ethnic classes of the community on every jury. After successfully winning the case, I believe that there was a major influence in the Civil Rights because the Mexican-Americans were beginning to be noticed. Mexican-Americans probably felt that there was a new start for them because their voice finally mattered to Texas. The Latin Americans probably saw themselves as the whites because they were protected and have equal rights as them. There was no reason for them to attend different schools from the whites, use different restrooms from the whites, or be kicked out of restaurants. It took one attorney from the same class, to make a difference. If Gustavo Garcia would have stayed quiet and not do anything then the Mexican-Americans would have still been discriminated. In all, Gustavo Garcia helped the Latin Americans believe that when you fight for something you believe in, you will accomplish it no matter what the circumstance

April 17, 2013, the case of Salinas V. Texas was presented to the United States Supreme Court to be argued and decided. The case disputed a person's Fifth Amendment’s privileges to self-testify and remain silent. After murdering two brothers after an apparent party in 1992, Salinas was deemed the main suspect and was taken into custody for further questioning. There was one catch though, Salinas was never read his Fifth Amendment rights before questioning, only before he was tried.

The University of Texas (UT) understood the importance of diversity; therefore, tried numerous race-neutral strategies to get minorities into their school. Sadly, Texas suffered from segregation at this time (1993), so not many minorities were going to UT. In consequence, Texas legislature passed a race-neutral system (1997) where the top 10% of a high school graduating class would be automatically admitted into UT. Even with the top 10% rule, Studies showed that minorities’, stayed the same and even decreased, due to still segregated public high schools. UT held discussions and meetings to find ways to increase minorities population in their institution. Finally, UT passed a system called holistic review; allowed students who didn’t graduate in the top 10% of the class to have a chance of admission. The system included; an Academic Index (AI), and a Personal Achievement Index (PAI). An applicant’s PAI score is based on two

Texas v. Johnson (No. 88-155). Argued: March 21, 1989. Decided: June 21, 1989 In 1984 the Republican National Convention was held in Dallas, Texas. While there, a group of protesters, opposed to President Reagan's reelection, burned an American flag. Specifically, Greg Johnson was seen dousing the flag with kerosene and lighting it on fire. Johnson was arrested under a Texas flag desecration law. He was convicted and sentenced to one year in jail and fined $2000. The State Court of Appeals affirmed but the Texas Court of Criminal Appeals reversed the decision.

As humans have to learn how to tolerate others diversity. It is important to accept others no matter how crazy it may sound to you. The lottery was about a small village that had a certain way of things and did the “lottery” every year, meaning you would pieces of paper and sorry not sorry but if you had a dot you were gonna get stoned by your friends and family and people you knew on a personal level. Texas v. Johnson Majority Opinion is about how people are getting kinda defensive about how others treat the flag. The Wife’s Story is about a family whom in the beginning we are lead to believe they are just a normal family but we soon realize they're not so normal after all. “The lottery”, “Texas v. Johnson Majority Opinion,” both support