Some court cases and what I think of them. AKA Blog Four

Schenck v. U.S. (1918)  

In this case the Supreme Court voted unanimously that some statements that are allowed in peacetime because of free speech aren’t allowed during wartime because it can be detrimental during wartime.

This is a result of judicial restraint because it was consistent with  decisions made in other wars about the rights awarded to citizens in peacetime versus in wartime. For example, in the civil war President Lincoln withheld the right to habeas corpus to prisoners during the war because their actions were often viewed as detrimental to the health of the Union. Although the two incidents do not involve the same right, they are both examples of rights being limited during wartime.

I believe that this decision is acceptable to an extent as long as it is proven that by denying this right will make the country safer and the majority of rights will be maintained.Today similar rights, such as the right to privacy, are somewhat withheld as a result of the “War on Terrorism” and although I think that the laws go too far sometimes it is justified to withhold some of our rights to keep us safe.

Engel v. Vitale (1961)

In a 6 to 1 vote the supreme court ruled that the  state could not draft a “nondenominational,  optional prayer” because by doing so it would be sanctioning a religion.

This decision showed Judicial Activism because before this time, prayer was allowed in schools. This case established precedent for a series of cases where the Supreme Court began to take religion out of many public institutions.

I think that because one of the founding ideals of the US was the separation between church and state, prayer should be kept out of public schools especially considering the wide range of religions living in the US.

Roe v. Wade (1971)

The Supreme Court ruled in a 7 to 2 vote that abortions were constitutional as an extension to the right to privacy and were allowed to varying degrees in the 3 trimesters.

In the case Roe v Wade, the majority of judges showed Judicial Activism by setting precedent and declaring many laws against abortion unconstitutional.

I agree with the decision to allow abortions because some people that get one wouldn’t be able to take care of the child if they gave birth to it and there are many circumstances where the woman shouldn’t be required to have the child.  A common example is a woman being raped; if she is raped she shouldn’t be forced to have a baby she had no control over. Additionally, the children of women unready to have or take care of kids have a high chance of being less well taken care of or being put into adoption which doesn’t always end well. By allowing women to have abortions, we give them similar treatment as men in sexual encounters. After sex women have a chance of becoming pregnant  which makes them responsible for sex but men don’t really have any way to be held responsible for sex.