" This opinion is critical in understanding the Chief Justice's conception of "cruel and unusual" as it applies to the Eighth Amendment. He also writes passionately that "his [an expatriate] very existence is at the sufferance of the country in which he happens to find himself he has lost the right to have rights he may be subject to banishment, a fate universally decried by civilized people" . It was with these quotes in mind that he found the statute to be cruel and unusual punishment.
Justice Black wrote a concurring opinion, but added his comments about the overreaching power 401(g) gave to the military. "Nothing in the constitution or its history lends the slightest support for such military control over the right to be an American citizen" . The problem with the military having that power [401(g)], he added, is that it would have serious consequences resulting from the expansion of the statue to cover crimes other than desertion. He also offered more comments about the threat to national security that denationalization might pose. "It is perfectly obvious that it [denaturalization] constitutes the very antithesis of rehabilitation I can think of no more certain way in which to make a man in whom, perhaps, rest the seeds of serious antisocial behavior more likely to pursue further a career of unlawful activity than to place him on the stigma of the derelict certainly it will not insulate society from the deserter." .
Justice Frankenfurter, joined by Justice Burton, Clark, and Harlan dissented from the majority. Frankenfurter wrote for the minority, and gave two reasons to disagree with the Chief Justice. Firstly, he felt that it was not the business of the Court to pronounce policy, and that ruling 401(g) unconstitutional threatened the balance of power in the United States Government. He also argued compellingly that denaturalization is not any more "cruel and unusual" than the death penalty, and that there was no Eighth Amendment violation.
A United States citizen has duties they should participate in for their country. A few examples of duties are: serving in a jury if called upon, staying informed about the community in which a citizen lives, and participating in the Democratic process. A part of the Democratic process is having the ...
better or for worse the constitution often uses vague wording to state a law. This may have very well been intentional. Perhaps the framers of the constitution wanted to establish a belief but allow it to adjust to the interpretations of the times. What exactly did the framers have in mind when they...
Case Name, Number and Date Miller v. Alabama, 132 S. Ct. 2455, No. 10-9646 (2012) Jackson v. Hobbs, 132 S. Ct. 2455, No. 10-9647 (2012) Parties Miller (defendant, appellant, petitioner) and Alabama (plaintiff, appellee, respondent) Jackson (defendant, appellant, petitioner) and Hobbs (plaintiff, ap...
Near Reeds Spring, Missouri, a 69-year-old man, the man's wife, and their 19-year-old paraplegic grandson were walking along a path. All of a sudden a man in camouflage jumps out of the woods and shoots each of them at point-blank range. The man confessed to the murder and was convicted. If this...
The question that my group chose to investigate was, what makes a paper airplane fly best? ... The results of this investigation are useful to our understanding of aqua dynamics and the four forces of flight. ... Also, different heavier material should be used during the investigation because of the thickness of water. The investigation can be improved by using more prior knowledge of the lab and understanding that not every piece of data will prove your hypothesis. ... We worked together as one and we each had responsibilities during this lab investigation. ...
As stated by fellow student Melissa Devault "Due process begins when an investigation of a particular suspect related to a crime begins. ... The exclusionary rule derived from Mapp v. ... California, 110 U.S. 516 (1884); Palko v. Connecticut, 302 U.S. 319, 323 (1937); Alexander v. ... This principle is seen and cited in cases such as Murphy v. ...
After the disaster, President Kennedy ordered a full investigation. ... Before the invasion took place, Director Dulles shows how little he thought of the brigade. Dulles displays the same attitude during the investigation: Statement: Without training and instruction, they would never have gone guerilla. Dulles: I wouldn't wholly buy that. ... Dulles did not mind sacrificing the Cubans. ...
This group is who performed the investigation, the federal government. ... Callahan stated "Even when the commission would bring this topic up, Allen Dulles, former director of The Central Intelligence agency, would try to get the investigation of the committee away from the subject of Cuba,"(Callahan 128). The actions of Dulles lead one to think that the CIA was involved in something with Cuba. The way Dulles skirted around the topic of Cuba could be read to different ways according to Callahan: the first was that he feared the international repercussions. ... If the second of these two ways...
With the advent of more modern technology, a lot of the stress and time required for an investigation is reduced, while the skills of an investigator can be aided so they can work more efficiently. ... With the new facts, the investigator can make new speculations that can aid in the investigation and the investigation process. ... The use of these two senses are vital in an investigators career, and is a great skill set to have, and will aid tremendously in your investigations. ... First and foremost, an investigator needs to be an active learner. ... The investigator will need to be a crit...
