Loving v. Virginia Is Marriage a Basic Civil Right

Marriage is an institution created and regulated by the law; as such, the government is able to set certain restrictions on who can get married. But just how far should that ability extend? Is marriage a basic civil right, even though it is not mentioned in the Constitution, or should the government be able to interfere with and regulate it in any manner that it wants? In the case of Loving v. Virginia, the state of Virginia tried to argue that they had the authority to regulate marriage according to what a majority of the states citizens believed was the will of God when it came to what was proper and moral. Ultimately, the Supreme Court ruled in favor of an interracial couple who argued that marriage is a basic civil right that cannot be denied to people on the basis of classifications like race. Fast Facts: Loving v. Virginia Case Argued: April 10, 1967Decision Issued:  June 12, 1967Petitioner: Loving et uxRespondent: State of VirginiaKey Question: Did Virginias anti-miscegenation law banning interracial marriage violate the Equal Protection Clause of the Fourteenth Amendment?Unanimous Decision: Justices Warren, Black, Douglas, Clark, Harlan, Brennan, Stewart, White, and FortasRuling: The court ruled that â€Å"the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State.† The Virginia law was in violation of the Fourteenth Amendment. Background Information According to the Virginia Racial Integrity Act: If any white person intermarry with a colored person, or any colored person intermarry with a white person, he shall be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years. In June, 1958 two residents of Virginia — Mildred Jeter, a black woman, and Richard Loving, a white man — went to the District of Columbia and were married, after which they returned to Virginia and established a home. Five weeks later, the Lovings were charged with violating Virginias ban on interracial marriages. On January 6, 1959, they pleaded guilty and were sentenced to one year in jail. Their sentence, however, was suspended for a 25 year period on the condition that they leave Virginia and not return together for 25 years. According to the trial judge: Almighty created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix. Frightened and unaware of their rights, they moved to Washington, D.C., where they lived in financial difficulty for 5 years. When they returned to Virginia to visit Mildreds parents, they were arrested again. While released on bail they wrote to Attorney General Robert F. Kennedy, asking for help. Court Decision The Supreme Court ruled unanimously that the law against interracial marriages violated the Equal Protection and Due Process Clauses of the 14th Amendment. The Court had previously been hesitant to address this issue, fearing that striking down such laws so soon after striking down segregation would only further inflame resistance in the South to racial equality. The state government argued that because whites and blacks were treated equally under the law, there was therefore no Equal Protection violation; but the Court rejected this. They also argued that ending these miscegenation laws would be contrary to the original intent of those who wrote the Fourteenth Amendment. However, the Court held: As for the various statements directly concerning the Fourteenth Amendment, we have said in connection with a related problem, that although these historical sources cast some light they are not sufficient to resolve the problem; [a]t best, they are inconclusive. The most avid proponents of the post-War Amendments undoubtedly intended them to remove all legal distinctions among all persons born or naturalized in the United States. Their opponents, just as certainly, were antagonistic to both the letter and the spirit of the Amendments and wished them to have the most limited effect. Although the state also argued that they have a valid role in regulating marriage as a social institution, the Court rejected the idea that the states powers here were limitless. Instead, the Court found the institution of marriage, while social in nature, is also a basic civil right and cannot be restricted without very good reason: Marriage is one of the basic civil rights of man, fundamental to our very existence and survival. () ...To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the States citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State. Significance and Legacy Although a right to marry is not listed in the Constitution, the Court held that such a right is covered under the Fourteenth Amendment because such decisions are fundamental to our survival and our consciences. As such, they must necessarily reside with the individual rather than with the state. This decision is thus a direct refutation to the popular argument that something cannot be a legitimate constitutional right unless it is spelled out specifically and directly in the text of the U.S. Constitution. It is also one of the most important precedents on the very notion of civil equality, making clear that basic civil rights are fundamental to our existence and cannot legitimately be infringed upon simply because some people believe that their god disagrees with certain behaviors.

Brave New World Research Paper - 1857 Words

Brave New World by Aldous Huxley shows how scientific advances could and have destroyed human values. Huxley wrote Brave New World in 1932, and most of the technologies he examines in the book have, to some extent, turned into realities. He expresses the concern that society has been neglecting human-being distinction in the progression of worshipping technology. In the story there are no mothers or fathers and people are produced on a meeting line where they are classified before birth. They also use a drug called, soma, to control themselves which illustrate the lack of personal freedom. Everyone in the state world do whatever they were taught since they were growing. For example, one of the tasks they give people is sexuality which is†¦show more content†¦Our civilization has chosen machinery and medicine and happiness. Thats why I have to keep these books locked up in the safe. Theyre smut. -Mustapha Mond (234). Instead of relying on fear to control the people and lettin g them choose from their own perspective, the government controls them through happiness; a fake happiness which is put into their heads as they grow up. In the novel, according to the World State, happiness is combined with stability. The basic goal of the brave new world is, supreme: the happiness of all, even if the consequences lead to the loss of freedom and free will. We can see how important it is for the state to improve happiness upon the people when Mustapha Mond says: The worlds stable now. People are happy; they get what they want, and they never want what they cant get. Theyre well off; theyre safe; theyre never ill; theyre not afraid of death; theyre blissfully ignorant of passion and old age theyre so conditioned that they practically cant help behaving as they ought to behave. And if anything should go wrong, theres soma. (220). The governments goal is to control people but it uses a very inhumane way. People arent experiencing what life is really about because the state wants to keep people away form questioning. The essay Brave New World Societys Moral Decline found in www.123helpme.com, talks about Huxleys beliefs and predictions of the future when he was writing the novel. Some of these, he believed wereShow MoreRelatedObjectification Of Women : Women1377 Words   |  6 PagescResearch Paper Slavens  1 Kayla Slavens Mrs. Wiest English 131 22 October 2014 Objectification of Women The objectification of women can simply be defined as â€Å"seeing and/or treating a [women] as an object† instead of a human being (Papadaki). Women today are portrayed as objects because of the overexposure of erotic images and scenarios in society’s media, social networking and their expectations. Say someone is buying something from the local grocery store. While they are in line they notice magazinesRead MoreThematic Research Paper. 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Everyone wants the newest products, the new iPhone that comes out every year, that new pair of shoes, that new videogame system, that new watch, or that new house, etc. Although we have yet to reach the world described by Aldous Huxley in that of the literary classic â€Å"Brave New World,† which depicts a society constructed upon drowning in excess consumption of sex and soma, where John, the savage, is perceivedRead MoreThe Effectiveness Of The Hpv Vaccine1555 Words   |  7 Pagesrather than cure, future diseases in infants. The MMR and HPV vaccinations have significantly lowered the fatalities per year caused by these diseases. On average, there have been a reported 493,000 new cases of HPV annually in which 274,000 people have died (Vamos, McDermott, and Daley 302). Research has proved that 24.5% of HPV infected patients are between 14 and 19 years of age and 44.8% of HPV infected patients are between ages 20-24 (Vamos, McDermott, and Daley 302). 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Information Systems for Functions - MyAssignmenthelp.com

Question: Discuss about theInforation Systemsfor Administrative Functions. Answer: Most traditional business has lagged behind in the use of information technology. The use of computers in organizations, until recently, have been used primarily to automate business administrative functions. At present, many business functions including technical functions are conducted with the assistance of information communication technology. The most important part of information technology in an organization, is the utilization of the information systems which is necessary for use by majority of employees. As pointed out by Bryant, Black, Land, and Porra, (2013), information systems are necessary for the creation, reception, storage, maintenance and the distribution and communication of information within an organization. However, the users of information systems have depicted resistance to its use. This paper focuses on user resistance to an information systems and the factors that lead to the success of information systems in an organization. Reasons Behind user Resistance to Information Systems Among the many theories that try to explain the reason behind user resistance to information systems, are the ones related to social aspects. Workers reaction to the change in social interaction is part of the reason for the resistance to the information systems (Kishor, 2011). Most of the employees fear the loss of social interaction to fellow workers with the use of information systems. It is evident that employees are social in nature, they are a type of people that prefer to commute from office to office in the process of submitting documents and also to pass information. Having a chance to interact with fellow employees, give them a strong positive attitude towards work. However, the use of information systems in organizations limit this kind of social interaction among employees. The unnecessary cost which will be uncured by the users is also a cause for resistance. Most of the intended users of information systems have no or little knowledge in the use of information systems. As much as an organization try to give training on its uses, it is never enough. For this reason, the employees feel that they dont have the needed skills in handling the information systems thus may cost them their jobs (Davison, 2005).They therefore incur extra and unprecedented cost in private training for the use of information system. As much as it is undoubtedly true that information systems streamline the communication process of business as part information technology, means that many jobs have been lost. This is because information system requires only one person to handle a computer thus leaving out most of the employees. The fear of losing of jobs is another major cause of resistance to information systems. When the benefits of the information system are not clear to the user, it is likely that there will be resistance to the information systems (Alshawi and Arif, 2012). Users are a type of people who need to be given sufficient information so that they can be aware of the importance of information systems. Factors Influencing Information Systems Success in Organizations Information systems success continues to be one of the most interesting research areas. The understanding of the factors influencing the success of information systems in organizations is the most significant. One of the factors is the decision-making structure of an organization. The type of control methodology that an organization employ has an influence on the success of information systems success (Nu?ttgens et al., 2013). Centralized organization structure leads to the success of information system because it will lead to an effective end-user computing and also produce more strategic end user applications. Top management support is one of the influences of the success of any organization's operations. When the top management gives support for information systems, it means that there will be a successful deployment of information system applications. Also, the top management can provide funds for the training of employees so as to have sufficient skills to handle the information systems. According to Beynon-Davies, (2013), the incorporation of organizational goals and information technology goals is one factor that can lead to the success of information systems. To ensure that there is a success in information systems, an organization should ensure that the use information systems is linked to the overall plan of an organization. Management style is important in directing the way people will be directed in the achievement of company goals and objectives. Concerning information systems, people oriented managers ensure there is an interpersonal relationship among the employees. With such management style, a manager can relate with the employee through encouragement in all the stages regarding information system implementation and execution References Alshawi, M. and Arif, M. (2012).Cases on e-readiness and information systems management in organizations. 1st ed. Hershey, PA: Business Science Reference, p.159. Beynon-Davies, P. (2013).Business information systems. 2nd ed. Palgrave Macmillan, p.275. Bryant, A., Black, A., Land, F. Porra, J. 2013, "Information Systems history: What is history? What is IS history? What IS history? ... and why even bother with history?",Journal of Information Technology,vol. 28, no. 1, pp. 1-17. Davison, R. (2005).Information systems in developing countries : Theory and Practice. 1st ed. Hong Kong: City University of Hong Kong Press, p.204. Davison, R. (2005).Information systems in developing countries. 1st ed. Hong Kong: City University of Hong Kong Press, p.204. Kishor, V. (2011).Inter-Organizational Information Systems and Business Management: Theories for Researchers: Theories for Researchers. 1st ed. IGI Global, p.63. Nu?ttgens, M., Gadatsch, A., Kautz, K., Schirmer, I. and Blinn, N. (2013).Governance and Sustainability in Information Systems. Managing the Transfer and Diffusion of IT. 1st ed. Berlin: Springer Berlin, p.240.

The Townshend Act Essays - British East India Company,

The Townshend Act The Townshend Acts' repeal of the Stamp Act left Britain's financial problems unresolved. Parliament had not given up the right to tax the colonies and in 1767, at the urging of chancellor of the Exchequer Charles Townshend, it passed the Townshend Acts, which imposed taxes on lead, glass, tea, paint, and paper that Americans imported from Britain. In an effort to strengthen its own authority and the power of royal colonial officials, Parliament, at Townshend's request, also created the American Board of Customs Commissioners whose members would strictly enforce the Navigation Acts. Revenue raised by the new tariffs would be used to free royal officials from financial dependence on colonial assemblies, thus further encroaching on colonial autonomy. Once again the colonists protested vigorously. In December 1767, John Dickinson, a Philadelphia lawyer, published 12 popular essays that reiterated the colonists' denial of Parliament's right to tax them and warned of a conspiracy by a corrupt British ministry to enslave Americans. The Sons of Liberty organized protests against customs officials, merchants entered into nonimportation agreements, and the Daughters of Liberty advocated the nonconsumption of products, such as tea, taxed by the Townshend Acts. The Massachusetts legislature sent the other colonies a circular letter condemning the Townshend Acts and calling for a united American resistance. British officials then ordered the dissolution of the Massachusetts General Court if it failed to withdraw its circular letter; the court refused, by a vote of 92 to 17, and was dismissed. The other colonial assemblies, initially reluctant to protest the acts, now defiantly signed the circular letter, outraged at British interference with a colonial legislature.In other ways, British actions again united American protest. The Board of Customs Commissioners extorted money from colonial merchants and usedflimsy excuses to justify seizing American vessels. These actions heightened tensions, which exploded on June 21, 1768, when customs officials seized Boston merchant John Hancock's sloop Liberty. Thousands of Bostonians rioted, threatening the customs commissioners' lives and forcing them to flee the city. When news of the Liberty riot reached London, four regiments of British army troops-some 4,000 soldiers-were ordered to Boston to protect the commissioners. The contempt of British troops for the colonists, combined with the soldiers' moonlighting activities that deprived Boston laborers of jobs, inevitably led to violence. In March 1770 a riot occurred between British troops and Boston citizens, who jeered and taunted the soldiers. The troops fired, killing five people. The so-called Boston Massacre aroused great colonial resentment. This anger was soon increased by further parliamentary legislation. Bowing to colonial economic boycotts, Parliament, guided by the new prime minister, Lord Frederick North, repealed the Townshend Acts in 1770 but retained the tax on tea to assert its right to tax the colonies. In order to rescue the British East India Company from bankruptcy, Parliament passed the Tea Act in 1773, reducing the tax on tea shipped to the colonies so that the company could sell it in America at a price lower than that of smuggled tea. The colonists, however, refused to buy the English tea. They viewed the Tea Act as another violation of their constitutional right not to be taxed without representation. Colonial merchants also feared that the act would allow the East India Company to monopolize the tea trade and put them out of business. In Philadelphia and New York City the colonists would not permit British ships to unload tea. In Boston, in the so-called Boston Tea Party, a group of citizens, many disguised as Native Americans, swarmed over British ships in the harbor and dumped the cargoes of tea into the water.

Comparison and Contrast of the Articles of Confederation and the Constitution Essay Example

Comparison and Contrast of the Articles of Confederation and the Constitution Essay Example Comparison and Contrast of the Articles of Confederation and the Constitution Essay Comparison and Contrast of the Articles of Confederation and the Constitution Essay A Comparison and Contrast of the Articles of Confederation and The Constitution To understand what the benefits and drawbacks  Ã‚  were, it is important to compare and contrast the positions in which the documents differ. I believe that they are thus: 1. Taxation The articles allow the congress to levy taxes on each state which means that the taxation burden has to be readjusted within each state among its populace and taxation is not equal Federally whereas in the constitution, the Congress levies taxation individually according to the position of each taxpaying individual making it equal across the board. . Justice there is no central justice system via the articles, there is no system of Federal Courts, each state handles its own courts and justice system and it causes problems with fugitives and inter-state criminal/civic legal issues especially as interstate extradition involved too much red tape hampering justice. This is not the case with the Constitution as it creates a F ederal Court System. 3. Trade The Congress regulates interstate trade whereas with the Articles, there is no existing provision for interstate trade regulation. . Amendments a unanimous 13/13 vote between all states must be imposed in the Articles while in the constitution, the rule of the majority or 2/3 of the Congress allows for amendment. 5. Representation each state in the Articles received 1 vote, 1 voice in the Congress but with the Constitution, representation in the lower house is according to the population of the state (dependent on district divisions) and each state gets 2 Senators. 6. Military the Congress cannot draft military manpower in the Articles it is up to each State to send troops whereas the Constitution allows for Federal Drafting creating a truly national Armed Forces. 7. Interstate Disputes The Articles had a complicated interstate dispute system, literally, each state can declare war on each other whereas the Constitution has a central interstate dispute management system as the Federal Courts handle arbitration. . Sovereignty Legislation The Articles declare that each state is Sovereign and a vote of 9/13 is needed to make a bill a law whereas the Constitution declares that there is one Supreme Law and Supreme Court in the nation and for a bill to be law, 50+1 in each house is what is necessary along with the approval of the Executive Office (President). Opinion/Review The biggest drawback for each of the representatives in the Continental Congress in terms of adopting the constitution and doing away with the Articles is convincing their once sovereign states to submit to one unifying rule of law and leadership that encompasses and is above all State law and rule. Federal means centralization and to adopt to these laws, to make them uniform across the board was a hard task. While the representatives had to convince each other and agree to a consensus that they will do away with each of their States own system of legal, judicial and administrative standards to conform with a universal system, they have had to convince their populace and the politics of doing so is enormous with pressure coming from all sides questions of power and who holds it is something that a lot of people fear and unsure about being unfamiliar with the ways of the other states as well as their politics. Imagine the European Union today the Articles of Confederation is like the EU constitution each country is sovereign. Now imagine them giving up each of their countrys complete independence to be part of a bigger whole, a bigger nation. It is a difficult task economically, socially and politically. Personally though if I lived during this period of history I would have shared the ideals of the colonist American Identity and I would have seen and understood how fully interdependent each state was to each other having shared one history as a British Colony. I would have fully supported the creation of a bigger, singular entity although I would feel a sense of insecurity on how it will pan out in the long run as there is a distinct difference in views and lifestyles between the Northern states and the Southern States. This is where, I think the Constitution triumphs over the Articles. I believe the Lockean principle of equality and I would have thought that to create an independent separate nation from the British Empire was right. The constitution empowers the citizens of the new American nation giving them a unified sense of governance and identity. Word Count: 759 References: (Web) usconstitution. net/constconart. html http://ocw. usu. edu/university-studies/u-s-institutions/comparison-of-constitution-and-articles-of-confederation  Ã‚   usconstitution. net/consttop_arti. html http://avalon. law. yale. edu/18th_century/artconf. asp http://home. earthlink. net/~gfeldmeth/chart. art. html Attachment(s):

Rostrum, As Used in Marine Life

Rostrum, As Used in Marine Life The term rostrum is defined as an organism’s beak or a beak-like part. The term is used in reference to cetaceans, crustaceans and some fish.   The plural form of this word is rostra. Cetacean Rostrum In cetaceans, the rostrum is  the upper jaw or â€Å"snout† of the whale. According to the Encyclopedia of Marine Mammals, the term  rostrum  also refers to the skull bones in the whale that provide support for the rostrum. Those are the forward (anterior) parts of the maxillary, premaxillary and vomerine bones. Essentially, it is made up of the bones we have between the bottom of our nose and our upper jaw, but the bones are much longer in cetaceans, especially baleen whales.   Rostrums look different in toothed whales (odontocetes) versus baleen whales (mysticetes). The toothed whales have a rostrum that is usually dorsally concave, while baleen whales have a rostrum that is ventrally concave.   More simply put, the top part of a toothed whales rostrum is shaped more like a crescent moon, while a baleen whales rostrum is shaped more like an arch. The differences in rostrum structure become pretty evident when viewing images of cetacean skulls, as is shown in the FAO identification guide here. The rostrum in a cetacean is a strong, relatively hard part of the anatomy. Dolphins can even use their rostra to   Crustacean Rostrum In a crustacean, the rostrum is the projection of the animals carapace that extends forward of the eyes. It projects from the cephalothorax, which is present in some crustaceans and is the head and thorax together, covered by a carapace. The rostrum is a hard, beak-like structure.   In a lobster, for example, the rostrum projects between the eyes. It looks like a nose, but it is not (lobster smell with their annentules, but thats another topic). Its function is thought to be simply to protect the lobsters eyes, especially when two lobsters have a conflict. The Lobster Rostrums Contribution to History In the 1630s, European warriors wore a lobster tail helmet that had overlapping plates hanging from the back to protect the neck and a nasal bar in the front, modeled after a lobsters rostrum.   Oddly enough, lobster rostrums have also been used as a cure for kidney stones and urinary diseases.   In shrimp, the rostrum is also known as the head spine, which is a hard projection between the animals eyes.   In barnacles (which are crustaceans but dont have visible eyes like lobsters do, the rostrum is one of the six shell plates that make up the animals exoskeleton. It is the plate located on the anterior end of the barnacle.   Fish Rostrum Some fish have body parts that are referred to as a rostrum. These include billfish such as sailfish (the long bill) and sawfish (the saw). Rostrum, As Used in a Sentence When the minke whale surfaces to breathe, its rostrum usually appears first, followed by the top of its head and its back.I needed to pass a kidney stone, so I roasted a lobsters rostrum and then mashed it up and dissolved it in wine. (Yes, this was purportedly a cure for kidney stones in the Middle Ages and Renaissance).   Sources American Cetacean Society. Cetacean Curriculum.Accessed October 30, 2015.Natural History Museum of Los Angeles County. Crustacean Glossary. Accessed October 30, 2015.Perrin, W.F., Wursig, B. and J.G.M. Thewissen. Encyclopedia of Marine Mammals. Academic Press.  p.1366.St. Lawrence Global Observatory. American Lobster - Characteristics.  Accessed October 30, 2015.The Lobster Conservancy. 2004. Lobster Biology.  Accessed October 30, 2015.University of Bristol. Crustacea.  Accessed October 30, 2015.

Researh paper exploring overtime among salaried government employees Research

Researh exploring overtime among salaried government employees - Research Paper Example The Fair Labor Standards Act also advocates for bonus pay as part of workers’ salary. Extra payment and compensatory time for employees should be discussed by the employee and employer (Stone, 2005). This paper will look at a case involving a director of agency and employees who are demanding compensatory time, Florida administrative codes that focus on overtime, and how the agency can deal with such issues. Question 1 Compensatory time is an alternate method of paying overtime to employees for time worked over 40 hours for nonexempt workers. As a result, compensatory time should be agreed upon in advance as overtime. Moreover, there is a similarity between Compensatory principles and overtime principles. Compensatory time is only given to nonexempt workers as an alternative to compensation for the work they do overtime. In addition, employees are prohibited from working additional hours so that they can attain compensatory time off for utilization in the future. The directors ’ complaints are invalid. This is because workers of local organizations’ do not enjoy the privilege of compensatory time. Compensatory time should be an agreement between employees and employers (Ulrich, 1996). This will facilitate employers to pay employees their compensation in the form of compensatory time instead of actual payment for overtime. Nevertheless, the agreement between employers and employees before the employees engage in overtime work. Additionally, employees must voluntarily and deliberately accept to be paid in compensatory time instead of actual payment in case of overtime work. The employees must also be aware that the compensatory time is not guaranteed; it may be eliminated, preserved, or employed according to the rules on the same. In addition, employees who request compensatory time are the only ones who are permitted to enjoy the benefits. The compensatory time can only be awarded if the request time is appropriate and does not affect the dep artment’s operations (Stone, 2005). From these instances, it is evident that the directors’ claims are invalid. From the different viewpoints, the agency employees have not met the requirements for receiving compensatory time. We are not informed of a contract between the management and workers on compensatory time as a means of compensation for overtime work. Question 2 The directors of the agency do not have a valid claim on compensatory time. According to The Florida Administrative code section 112.061(6), organizations or agencies should pay the employees according to their regular time rate per hour. The normal working hours for excluded employees, including holidays, weekends, and additional time in which the employee receives payment, and time in official, overtime. Moreover, the Florida Administrative code maintain that workers who occupy excluded employment positions in the senior management service and an individual exempt service, for example, the agency adm inistrators, recognized as excluded career service employees, are supposed to perform their duties in relation the rules of the agency (Ulrich, 1996). In this case, the agency does not incorporate compensatory time as a form of overtime payment. Question 3 The agency should create a labor department to examine and compile employee information on working hours, wages, and additional