Thursday, December 26, 2019

Dred Scott Decision The Case and Its Impact

Dred Scott v. Sandford, decided by the U.S. Supreme Court on March 6, 1857, declared that black people, whether free or slave, could not be American citizens and were thus constitutionally unable to sue for citizenship in the federal courts. The Court’s majority opinion also declared that the 1820 Missouri Compromise was unconstitutional, and that the U.S. Congress could not prohibit slavery in the U.S. territories that had not attained statehood. The Dred Scott decision was eventually overturned by the 13th Amendment in 1865 and the 14th Amendment in 1868. Fast Facts: Dred Scott v. Sandford Case Argued: February 11–14, 1856; reargued December 15–18, 1856Decision Issued: March 6, 1857Petitioner: Dred Scott, a slaveRespondent: John Sanford, owner of Dred ScottKey Question: Were slaves American citizens under the U.S. Constitution?Majority Decision: Chief Justice Taney with Justices Wayne, Catron, Daniel, Nelson, Grier, and CampbellDissenting: Justices Curtis and McLeanRuling: The Supreme Court ruled 7-2 that slaves and their descendants, whether free or not, could not be American citizen and thus had no right to sue in federal court. The Court also ruled the Missouri Compromise of 1820 unconstitutional and banned Congress from outlawing slavery in new U.S. territories. Facts of the Case Dred Scott, the plaintiff in the case, was a slave owned by John Emerson of Missouri. In 1843, Emerson took Scott from Missouri, a slave state, to the Louisiana Territory, where slavery had been banned by the Missouri Compromise of 1820. When Emerson later brought him back to Missouri, Scott sued for his freedom in a Missouri court, claiming that his temporary residency in the â€Å"free† Louisiana territory had automatically made him a free man. In 1850, the state court ruled that Scott was a free man, but in 1852, the Missouri Supreme Court reversed the decision. When John Emerson’s widow left Missouri, she claimed to have sold Scott to John Sanford of New York State. (Due to a clerical error, â€Å"Sanford† is incorrectly spelled â€Å"Sandford† in the official Supreme Court documents.) Scott’s attorneys again sued for his freedom in a New York district U.S. federal court, which ruled in favor of Sanford. Still legally a slave, Scott then appealed to the U.S. Supreme Court.   A copy of Frank Leslies Illustrated Newspaper has a front page story on the Supreme Court anti-abolitionist Dred Scott Decision of 1857. The story includes illustrations of Dred Scott and his family. Library of Congress / Getty Images Constitutional Issues In Dred Scott v. Sandford, the Supreme Court faced two questions. First, were slaves and their descendants American citizens under the U.S. Constitution? Secondly, if slaves and their descendants were not American citizens, were they qualified to file suit in American courts in the context of Article III of the Constitution? The Arguments   The case of Dred Scott v. Sandford was first heard by the Supreme Court on February 11–14, 1856, and reargued on December 15–18, 1856. Dred Scott’s lawyers reiterated their earlier argument that because he and his family had resided in the Louisiana territory, Scott was legally free and was no longer a slave. Lawyers for Sanford countered that the Constitution did not grant citizenship to slaves and that having been filed by a non-citizen, Scott’s case did not fall under the jurisdiction of the Supreme Court.   Majority Opinion The Supreme Court announced its 7-2 decision against Dred Scott on March 6, 1857. In the Court’s majority opinion, Chief Justice Taney wrote that slaves â€Å"are not included, and were not intended to be included, under the word citizens in the Constitution, and can, therefore, claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States.† Taney further wrote, â€Å"There are two clauses in the Constitution which point directly and specifically to the negro race as a separate class of persons, and show clearly that they were not regarded as a portion of the people or citizens of the Government then formed.† Taney also cited state and local laws in effect when the Constitution was being drafted in 1787 he said demonstrated the framers’ intent to create a â€Å"perpetual and impassable barrier †¦ be erected between the white race and the one which they had reduced to slavery.†Ã‚   While admitting that slaves might be citizens of a state, Taney argued that state citizenship did not imply U.S. citizenship and that since they were not and could not be U.S. citizens, slaves could not file suit in federal courts.   In addition, Taney wrote that as a non-citizen, all of Scott’s previous lawsuits also failed because he did not satisfy what Taney called the â€Å"diversity jurisdiction† of the Court implied by Article III of the Constitution for the federal courts to exercise jurisdiction over cases involving individuals and the states.   While not part of the original case, the Court’s majority decision went on to overturn the entire Missouri Compromise and declared that the U.S. Congress had exceeded its constitutional powers in banning slavery.   Joining Chief Justice Taney in the majority opinion were Justices James M. Wayne, John Catron, Peter V. Daniel, Samuel Nelson, Robert A. Grier, and John A. Campbell.   Dissenting Opinion Justice Benjamin R. Curtis and John McLean wrote dissenting opinions.   Justice Curtis objected to the accuracy of the majority’s historical data, noting that black men were allowed to vote in five of the thirteen states of the Union at the time of the ratification of the Constitution. Justice Curtis wrote that this made black men citizens of both their states and of the United States. To argue that Scott was not an American citizen, Curtis wrote, was â€Å"more a matter of taste than of law.† Also in dissent, Justice McLean argued that by ruling that Scott was not a citizen, the Court had also ruled that it did not have jurisdiction to hear his case. As a result, McLean contended that the Court must simply dismiss Scott’s case without passing judgment on its merits. Both Justices Curtis and McLean also wrote that the Court had overstepped its bounds in overturning the Missouri Compromise since it had not been part of the original case.   The Impact Coming at a time when a majority of the justices came from pro-slavery states, the case of Dred Scott v. Sandford was one of the most controversial and highly criticized in the Supreme Court’s history. Issued just two days after pro-slavery President James Buchanan took office, the Dred Scott decision fueled the growing national divisiveness that led to the Civil War. Slavery supporters in the South celebrated the decision, while abolitionists in the North expressed outrage. Among those most vocally upset by the ruling was Abraham Lincoln of Illinois, then a rising star in the newly organized Republican Party. As the focal point of the 1858 Lincoln-Douglas debates, the Dred Scott case established the Republican Party as a national political force, deeply divided the Democratic Party, and contributed greatly to Lincoln’s victory in the 1860 presidential election.   During the post-Civil War Reconstruction period, ratification of the 13th and 14th Amendments effectively overturned the Supreme Court’s Dred Scott decision by abolishing slavery, granting former slaves American citizenship, and ensuring them the same â€Å"equal protection of the laws† granted to all citizens by the Constitution.   Sources and Further Reference   Primary Documents in American History: Dred Scott v. SandfordU.S. Library of Congress.Missouris Dred Scott Case, 1846-1857. Missouri State Archives. Introduction to the court opinion on the Dred Scott caseU.S. Department of State.Vishneski, John S. III. What the Court Decided in Dred Scott v. Sandford. American Journal of Legal History. (1988).Lincoln, Abraham. Speech on the Dred Scott Decision: June 26, 1857. Teaching American History.  Greenberg, Ethan (2010). Dred Scott and the Dangers of a Political Court. Lexington Books.

Wednesday, December 18, 2019

Cells Make Up Every Living Thing - 1695 Words

Cells make up every living thing. They are mandatory to life and its functions. The cell allows us to do our functions, while doing its own (Cobb, ed., 2009). Inside cells, there are organelles that carry out functions for the cell to live. They have many different kinds of organelles, such as the golgi body, endoplasmic reticulum, and the nucleus (Cellular Transport, 2009). They all have different jobs to allow the cell to function, but the cell membrane has a job that that is done in various different ways. Cell membranes are critical to transporting particles for organelles of the cell. The cell membrane is the exterior layer of the mammalian cell and one of the plant’s outer layers, is a phospholipid bilayer that keeps†¦show more content†¦It goes from high to low. Passive transport requires no energy to do it. Some particles, such as carbon and water, can pass through with no effort on the cell’s part. There are three types of passive transport, such as facilitated diffusion, diffusion, and osmosis. Diffusion has to do with going with the concentration gradient. Facilitated diffusion is diffusion using a protein to help. Osmosis involves water and a selectively permeable membrane. Water is diffused in and out the membrane (Liu, Amagai, Chelen, n.d.). Diffusion is the process of molecules moving from an area of high concentration of the kind of molecule to one of a low concentration (Liu, Amagai, Chelen, n.d.). They are trying to achieve dynamic equilibrium. Dynamic equilibrium is when the concentration outside and inside are equal to one another. An example of diffusion is when someone sprays perfume on in a corner. The perfume will travel to every corner of the room until it is spread evenly across it. Diffusion’s purpose is to have a particle be spread evenly by moving to a high to low concentration (Liu, Amagai, Chelen, n.d.). Facilitated diffusion is diffusion, but has protein to help larger molecules move through the membrane. While it may seem to use energy due to it using a protein, it actually doesn’t require energy. The large particles are going to a lower concentration than what is on the other side of the cell (Cellular Transport, 2009). TheShow MoreRelatedThe Origin Of Small Cells Responsible Of The Life1245 Words   |  5 PagesThe Word cell comes from latin cella, meaning small room. The cell is the basic structural, functional, and biological unit of all known living things. They are the smallest unit of life that can be reproduce independently. The material dedicated to stu dy the characteristics and functions of cells is called cell biology. There is a statement which says that from one cell the many, from many cells the individual. 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In the 1950’s there was a woman named Henrietta Lacks who had a condition of cervical cancer. She went to the doctors and one of them took her cells without her consent. The scientist started to do test on her cells that theyRead MoreBiology : The Scientific Study Of Life1617 Words   |  7 Pagesto perform actions that living things do. There are seven main properties associated with life, we refer to these as; The Properties of Life. Order, regulation, growth and development, energy processing, response to the environment, reproduction, and evolution; these properties are the basis in which we use to determine whether or not something is â€Å"alive† or â€Å"living.† Cells are the composition of all life. Every living thing on our planet is made up of thousands of cells. Within the properties of

Tuesday, December 10, 2019

U.s. Department Of Homeland Security Example For Students

U.s. Department Of Homeland Security 1. Purpose Among one of the missions of The U.S. Department of Homeland Security is to protect and preserve the security of the Cyberspace in the country. The principal objective of this Security Plan is to give instructions and direction for the Department’s workers and help the Homeland Security to create best practices and strategies in the IT security system. 2. Scope This policy needs to be applied to all users, employees, contractors, suppliers and to all IT resources such as e-mails, files, data, messages and documents controlled or administered by The Department of Homeland Security. 3. Policy Intention The Department of Homeland IT security policy must be uniform, stable, consistent, efficient, effective and compatible with best practices Information Security in the Department. It is the purpose of this security policy to create and implement the best security plans, strategies, and practices throughout the Department. Also, it is the intention of this policy to create safe and secure Cyberspace. 4. Protecting Cyberspace Building secure and safe cyberspace and Communications system in the country is the top priority of the department. In its kind the Cybersecurity Framework of the Department is the most comprehensive and efficient one. The Department of Homeland Security performing the following activities to secure the cyberspace efficiently: ïÆ' ¼ Checking and assessing organizations capacity of cyber-attacks defensive mechanisms and potentials. ïÆ' ¼ Evaluate organizations decision making and incident response strategies at the national level. ïÆ' ¼ Validate and confirm communication and information sharing methods. Create awareness about new cyber incidents and way of response, and recovery practices. ïÆ' ¼ Review the way of sharing sensitive and private information without compromising the national security interests. 5. Cybersecurity Framework The Framework is a risk-based strategy for conducting Cybersecurity peril and is comprised of three components: The Framework Core, Implementation Tiers, and Profiles. All the above Framework segment strengthens the relationship between business drivers and cybersecurity activities. ïÆ'Ëœ The Framework Core is a collection of cybersecurity activities, aspired results, and appropriate recommendations that are familiar with significant foundation areas. ïÆ'Ëœ Framework Implementation Tiers present a meaning on how The Department observes cybersecurity risk and what kind of method or processes need to follow to control and handle that risk. ïÆ'Ëœ The Framework Profile describes the consequences depend on the Department demands that already chosen and decided from the Framework segments and Sub-segments. 6. Threat Identification The following Information security risks are identified by The US Department of Homeland Security that can compromise confidentiality, availability, and integrity of the system are: ïÆ'Ëœ Administrative, Maintenance, Software and System Design and User Errors ïÆ'Ëœ Denial of service, virus, spyware, trojan, worm attacks ïÆ'Ëœ Unauthorized modification of data ïÆ'Ëœ Electronic Warfare, ïÆ'Ëœ Terrorist act such as Terrorist cyber-attack, ïÆ'Ëœ Natural disasters such as Hurricane, Lightning, Tornado, Volcano. 7. Risk Management The Department risk management includes the following processes: ïÆ'Ëœ Assessing and evaluating all types of Risks ïÆ'Ëœ Evacuating all kinds of Security Controlling Methods and procedures ïÆ'Ëœ Cost and Benefit Analysis ïÆ'Ëœ Recognize and understand Security Constraints ïÆ'Ëœ Assessing security laws, policies, and regulations 8. Risk Assessment Approach The Department risk assessment approach is used information security system analysis to find out security vulnerabilities and to determine lethal threats to the system. Also, the approach efficiently mitigates chances of risks by evaluating the existing countermeasures and by assessing providing cost effective security strategies. The Approach follows series steps to identify threats and to recommend the best security methods and practices. 9. System Vulnerabilities The primary objective of system vulnerability is to determine the weakness of the Department networking system. The system assessing communications, environmental, personal securities and evaluating significant and specific hardware, to identify the vulnerabilities of information technologies in the department. Also, the approach evaluating security controlling systems to check whether they are properly implemented or not. Drugs And Crime (3258 words) Essayï  ¶ The Department Business Systems should develop information technology and other assets security plan. ï  ¶ The Department Business Systems should develop a consistent policy that can be compatible with the organization’s objective, purpose, and structure. ï  ¶ The security policy must define and show clearly and broadly the authorization boundary of each security and controlling systems and applications. ï  ¶ The Security Policy should be able to describe the operational circumstances of the information security asset regarding its missions and business processes. ï  ¶ The Policy need to provide the different security categories and their level of impact on the information asset. ï  ¶ The vital information, assets, and technologies operational environment need to describe in the security policy. ï  ¶ There should be an indication of relationships, connections, and continuity between all information and systems in the security policy. ï  ¶ The Department security requirement and obligation systems need to be summarized and reviewed. ï  ¶ Planned and existed security control methods that are meet the safety requirements of the department need to describe and discussed. ï  ¶ Before the security plan is implemented or activated, it is crucial and necessary to be reviewed, assessed and approved by authorized officials. ï  ¶ The Department of Homeland Security information should be available to all users with their expected responsibility and the rights and limitations of asset usage. ï  ¶ The Department operating system needs to collect evaluation about information and assets risk classification and their information security status. ï  ¶ The business system of the Department needs to design and organize security associated projects that sway its information assets. 13. Plan of Action and Milestones Following the Federal Information Security Management Act of 2002 (FISMA), every information system is needed to create a Strategy of Action and Milestones (POAM) to explain any specified vulnerabilities by analyzing a memoranda and assessment. POAMs create a framework to minimize weakness, and implement suggested security measures, recognize sources and determine related expenses. The proposed safety measures in this security plan need to be incorporated in the Test_2015-01-15-1052 POAM and excited due to The US Department Homeland Security Plans of action and milestones guide requirement to mitigate the standard and the level of jeopardy that affiliated with the system.

Tuesday, December 3, 2019

Separate Peace And Heart Of Darkness Essays - A Separate Peace

Separate Peace And Heart Of Darkness The Heart of Darkness and A Separate Peace. Most are between the two main characters' friends and how they deal with their situations and problems. The similarities between the two characters are their leadership skills, their expertise, and how their friends affect them. Mr. Kurtz and Finny both have incredible leadership skills. Finny is able to persuade Gene to do practically anything he wants him to do which in the end is his downfall since he convinces Gene to climb the tree with him and do a double jump. He also shows his leadership skills when he gathers a lot of the students and teaches them a new game that is fitted perfectly to his physical abilities. Mr. Kurtz showed these skills when he had the courage to go into the cillages of cannibals and convince them to give him their ivory or to tell them where they knew there was some. He also saved Marlow and his crew's lives when he commanded the natives to stop firing at their steamboat. "Kurtz got the tribe to follow him, did he?" I suggested. He fidgeted a little. "They adored him," he said." At the drop of his finger, he could have had the natives attack Marlow and his crew and kill them. While Mr. Kurtz and Finny are both alive, they are extremely good at what they do. Before his accident, Finney is the most athletic student at his school. After the accident, he tries to help Fene to become more athletic. His dream is for Finny to make the Olympics instead of him. Mr. Kurtz worked for a company that found ivory and then sold it to the public. "The he began again, assuring me Mr. Kurtz was the best agent he had, an exceptional man." Mr. Kurtz also brought back the most ivory then any other employee; "Sends in as much ivory as all the others put together." Both Mr. Kurtz and Finny had friends that had something to do with their deaths. In Finny's case, his friend Gene accidently jarred him off the tree branch that caused him to break his leg. When Finny got a brace on his leg, he tripped and broke it again, but when the doctor tried to mend it, bone marrow escaped and instantly killed him when it reached his heart. In The Heart of Darkness, Marlow forces Mr. Kurtz to leave the forest natives, which speds up his death because Mr. Kurtz wants to stay in the wilderness and live with the natives that he had lived with for so long. In conclusion, the basi of both of these novels is very similar and what happens in each of them is very close to being the same. In each of the novels, the main characters are trying to save their friend. In the end, both of their friends die from something they did to them while trying to save them. In the case of Finny, he dies from a freak accident during his operation and he is not ready to die since he has many great things ahead of him. Mr. Kurtz dies from malnutrition and also from leaving his "friends", the natives. However, he is ready to die because he accomplished a lot in his life.