The justices didn't rule against the case. Instead, they stated their opinions and truths accordingly. Certainly the affirmative pursuit of one's convictions about the ultimate mystery of the universe and man's relation to it is placed beyond the reach of law. Government may not interfere with organized or individual expression of belief or disbelief. Propagation of belief -- or even of disbelief -- in the supernatural is protected, whether in church or chapel, mosque or synagogue, tabernacle or meetinghouse. Likewise, the Constitution assures generous immunity to the individual from imposition of penalties for offending, in the course of his own religious activities, the religious views of others, be they a minority or those who are dominant in government. Cantwell v. Connecticut, ante, p. 296.
“Genuineness, or reality, of agreement is said to be present in a contract when there is a true meeting of the minds of the parties.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 111
"Protection of rights and freedom of individuals is well established by the federal and state constitutions, by statutory law, and by common law. Still, today's complex society and system of justice present special needs that require certain laws that include their iwn administrative machinery."
http://caselaw.lp.findlaw.com/data/constitution/amendment14/
Thursday, June 18, 2009
My Own Argument
These youths should definitely not be punished for staying true to their own beliefs nor deprived of publicly supported educational privileges. They haven’t shown disloyalty to the Government or to the United States for obeying the laws of God and the bible, in my opinion. Also, from what I can see, they did not want to deny their faith, hence standing strong to their religious convictions.
I must say that I have to agree with the ruling, being brought up as a Jehovah’s Witness myself. I know what it’s like for people to ask questions or stare at you because you do not salute the flag. I’ve always stood up for myself, whether I completely understood why I didn’t do it, starting from a very young age. Growing up, however, I began to learn and truly understand the principles of “the truth.” I was raised from infancy and taught these truths of being a Jehovah’s Witness and actually even to this day; still believe everything I was raised up to be. I regret to say I am not as involved as I once was, but that does not mean I feel I was raised inadequately without certain holidays or activities, as a bad thing. Being brought up without holidays, such as birthdays or Christmas, everyone always thought me, my sister and brother were missing out. I never had it though, so how can I miss it? We had a family that showed us a house full of love and we didn’t have to have a holiday to be given a gift or a sign of appreciation. Therefore, I completely understand where these kids are coming from and I do admire anyone, young or old, that can stand up for what they truly believe in.
"The law has always tried to protect young people from adults who might try to take advantage of them. Until individuals reach what is known as legal age, or the age of majority, they are not legally required to carry out most of their contracts..." Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 137
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html
I must say that I have to agree with the ruling, being brought up as a Jehovah’s Witness myself. I know what it’s like for people to ask questions or stare at you because you do not salute the flag. I’ve always stood up for myself, whether I completely understood why I didn’t do it, starting from a very young age. Growing up, however, I began to learn and truly understand the principles of “the truth.” I was raised from infancy and taught these truths of being a Jehovah’s Witness and actually even to this day; still believe everything I was raised up to be. I regret to say I am not as involved as I once was, but that does not mean I feel I was raised inadequately without certain holidays or activities, as a bad thing. Being brought up without holidays, such as birthdays or Christmas, everyone always thought me, my sister and brother were missing out. I never had it though, so how can I miss it? We had a family that showed us a house full of love and we didn’t have to have a holiday to be given a gift or a sign of appreciation. Therefore, I completely understand where these kids are coming from and I do admire anyone, young or old, that can stand up for what they truly believe in.
"The law has always tried to protect young people from adults who might try to take advantage of them. Until individuals reach what is known as legal age, or the age of majority, they are not legally required to carry out most of their contracts..." Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 137
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html
Rule of Law
The Constitution may well elicit expressions of loyalty to it and to the government which it created, but it does not command such expressions or otherwise give any indication that compulsory expressions of loyalty play any such part in our scheme of government as to override the constitutional protection of freedom of speech and religion. And while such expressions of loyalty, when voluntarily given, may promote national unity, it is quite another matter to say that their compulsory expression by children in violation of their own and their parents' religious convictions can be regarded as playing so important a part in our national unity as to leave school boards free to exact it despite the constitutional guarantee of freedom of religion.
The very essence of the liberty which they guaranty is the freedom of the individual from compulsion as to what he shall think and what he shall say, at least where the compulsion is to bear false witness to his religion. The guaranties of civil liberty are but guaranties of freedom of the human mind and spirit and of reasonable freedom and opportunity to express them.
“There must be a means of administering the law to protect the rights of individuals of businesses and to curtail the activities of wrongdoers. In this country, courts and governmental agencies have been established to administer the law.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 8
"Protection of the rights and freedom of individuals and organizations is well established by the federal and state constitutions, by statutory law, and by common law."Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 111
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html
The very essence of the liberty which they guaranty is the freedom of the individual from compulsion as to what he shall think and what he shall say, at least where the compulsion is to bear false witness to his religion. The guaranties of civil liberty are but guaranties of freedom of the human mind and spirit and of reasonable freedom and opportunity to express them.
“There must be a means of administering the law to protect the rights of individuals of businesses and to curtail the activities of wrongdoers. In this country, courts and governmental agencies have been established to administer the law.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 8
"Protection of the rights and freedom of individuals and organizations is well established by the federal and state constitutions, by statutory law, and by common law."Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 111
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html
Thursday, June 11, 2009
Reasoning of the Court
The judges believed logic was that the judgment called upon this case should be affirmed. Their reasoning was that they and their father are citizens, and have not exhibited by any action or statement of opinion, any disloyalty to the Government of the United States. They are ready and willing to obey all its laws which do not conflict with what they sincerely believe to be the higher commandments of God. They believed it was not doubted that these convictions were religious, that they were genuine, or that the refusal to yield to the compulsion of the law is in good faith, and with all sincerity. It would be a denial of their faith, as well as the teachings of most religions, to say that children of their age could not have religious convictions.
They also came to agree that this may have violated their first amendment, which clearly indicates that we all have a right to freedom of speech as well as free exercise of religion. It also violates the fourteenth amendment and its liberty. In the cases just mentioned, the Court was of opinion that there were ways enough to secure the legitimate state end without infringing the asserted immunity, or that the inconvenience caused by the inability to secure that end satisfactorily through other means, did not outweigh freedom of speech or religion.
“The supreme court of the United States is the highest court in the federal system. It serves as the court of original jurisdiction for certain kinds of cases, such as those in which a state is one of the parties. The Supreme Court rules on the constitutionality of laws by hearing selected cases that test to those laws.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 9
They also came to agree that this may have violated their first amendment, which clearly indicates that we all have a right to freedom of speech as well as free exercise of religion. It also violates the fourteenth amendment and its liberty. In the cases just mentioned, the Court was of opinion that there were ways enough to secure the legitimate state end without infringing the asserted immunity, or that the inconvenience caused by the inability to secure that end satisfactorily through other means, did not outweigh freedom of speech or religion.
“The supreme court of the United States is the highest court in the federal system. It serves as the court of original jurisdiction for certain kinds of cases, such as those in which a state is one of the parties. The Supreme Court rules on the constitutionality of laws by hearing selected cases that test to those laws.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 9
"Court decisions are recorded in writing so that lawyers and judges can refer to them in preparing or hearing a case. These decisions are published in books called reporters, and many of these decisions are available online." Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 111
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html
Thursday, June 4, 2009
In my opinion...
EOC-Week 9
The black market is a dirty place to get involved in on either side of the fence. On one side, you’ve got people who claim they can’t find work and absolutely need to hustle to feed their families, (which may or may not be true). And on the other side, you’ve got people who want to catch these thieves because not only are they laundering illegal items, but they’re now poisoning and filling the contents with random things such as lead, paint, and just plain water. Just even the thought that someone can get even sicker from just taking pain medication really disgusts me. It’s not right that people have the means and continue to do such things to people which eventually may even kill them.
However, with the whole selling purses and c.d.’s on the side of the street gig that these guys do to try to make money, I can’t really deny that pleasure. I can admit to being in NY and buying a few things for a good deal just like I’m sure a billion other people have. That part may not be legal and may have not gotten there in a ethical manner, but it doesn’t hurt anyone if you’re just buying a purse directly from a guy that wants to make some money. Everyone has to get there hustle on somehow and especially if they have kids to feed, they may have no other options. If people do have options, though, and they want to continue trafficking or laundering money just for kicks, I definitely find that inappropriate. The truth of the matter is, these things will continue to happen and I don’t think authorities will ever find the right way to shut them down. They may slow them down a little, but the truth stands that where there’s demand, there will be always be supply!
The black market is a dirty place to get involved in on either side of the fence. On one side, you’ve got people who claim they can’t find work and absolutely need to hustle to feed their families, (which may or may not be true). And on the other side, you’ve got people who want to catch these thieves because not only are they laundering illegal items, but they’re now poisoning and filling the contents with random things such as lead, paint, and just plain water. Just even the thought that someone can get even sicker from just taking pain medication really disgusts me. It’s not right that people have the means and continue to do such things to people which eventually may even kill them.
However, with the whole selling purses and c.d.’s on the side of the street gig that these guys do to try to make money, I can’t really deny that pleasure. I can admit to being in NY and buying a few things for a good deal just like I’m sure a billion other people have. That part may not be legal and may have not gotten there in a ethical manner, but it doesn’t hurt anyone if you’re just buying a purse directly from a guy that wants to make some money. Everyone has to get there hustle on somehow and especially if they have kids to feed, they may have no other options. If people do have options, though, and they want to continue trafficking or laundering money just for kicks, I definitely find that inappropriate. The truth of the matter is, these things will continue to happen and I don’t think authorities will ever find the right way to shut them down. They may slow them down a little, but the truth stands that where there’s demand, there will be always be supply!
Decision of the Case
This Court cannot exercise censorship over the conviction of legislatures that a particular program or exercise will best promote in the minds of children who attend the common schools an attachment to the institutions of their country, nor overrule the local judgment against granting exemptions from observance of such a program.
CERTIORARI, 309 U.S. 645, to review the affirmance of a decree (24 F.Supp. 271; opinion, 21 F.Supp. 581) which perpetually enjoined the above-named School District, the members of its board of education, and its superintendent of public schools from continuing to enforce an order expelling from the public schools certain minors (suing in this case by their father as next friend), and from [p587] requiring them to salute the national flag as a condition to their right to attend. [p591]
Fourteenth Amendment: Section 1 states: All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
http://caselaw.lp.findlaw.com/data/constitution/amendment14/
“Although the drafters of the federal Constitution were men of vision, they could not, of course, foresee the changing needs of our country and its people in the years that were to follow. The constitution has been amended, or changed, 27 times, and it will probably continue to be amended.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 5
CERTIORARI, 309 U.S. 645, to review the affirmance of a decree (24 F.Supp. 271; opinion, 21 F.Supp. 581) which perpetually enjoined the above-named School District, the members of its board of education, and its superintendent of public schools from continuing to enforce an order expelling from the public schools certain minors (suing in this case by their father as next friend), and from [p587] requiring them to salute the national flag as a condition to their right to attend. [p591]
Fourteenth Amendment: Section 1 states: All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
http://caselaw.lp.findlaw.com/data/constitution/amendment14/
“Although the drafters of the federal Constitution were men of vision, they could not, of course, foresee the changing needs of our country and its people in the years that were to follow. The constitution has been amended, or changed, 27 times, and it will probably continue to be amended.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 5
Issues of the Case
The issue at hand here with the Minersville School District v. Board of Education is that Lillian Gobitis, aged twelve, and her brother William, aged ten were expelled from the public schools of Minersville, Pennsylvania, for refusing to salute the national flag as part of a daily school exercise. It turns out the Gobitis family are affiliated with “Jehovah’s Witnesses,” for whom the Bible as the word of God is the supreme authority. These children were brought up to believe that this gesture for respecting the flag was disrespecting God and forbidden in the scripture as a command not to do so.
So far as the Federal Constitution is concerned, it is within the province of the legislatures and school authorities of the several States to adopt appropriate means to evoke and foster a sentiment of national unity among the children in the public schools.
“Defamation is the harming of a person’s reputation and good name by the communication of a false statement. For an act to be considered defamatory, it is necessary to show that the statement was made in such a way that others hear or read it.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 46
“Defamation also involves some suggestion of disgrace, and it tends to generate negative feelings about the person who suffers the defamation. The charge of defamation has been separated into two parts: libel and slander.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 46
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html
So far as the Federal Constitution is concerned, it is within the province of the legislatures and school authorities of the several States to adopt appropriate means to evoke and foster a sentiment of national unity among the children in the public schools.
“Defamation is the harming of a person’s reputation and good name by the communication of a false statement. For an act to be considered defamatory, it is necessary to show that the statement was made in such a way that others hear or read it.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 46
“Defamation also involves some suggestion of disgrace, and it tends to generate negative feelings about the person who suffers the defamation. The charge of defamation has been separated into two parts: libel and slander.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 46
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html
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