Tuesday, November 26, 2019

Prejudice essays

Prejudice essays Watkins v. United States (1957) 354 U.S. 178 Facts: Watkins was subpoenaed to testify in a congressional hearing to investigate alleged wrong doings of the Attorney General and the department of justice. Throughout the questioning the congressional committee asked questions that could result in Watkins incriminating himself because of his political beliefs. Due to this Watkins evoked his 5th Amendment right not to answer the question. By doing so the congressional committee indicted him and the Court of appeals upheld Congress's claim. Question: Does Article one of the Constitution bestow to congress the power to interrogate citizens out of a court of law? And can the 5th amendment be used in a congressional committee hearing? Decision: The decision was to reverse the judgement of the Court of Appeals and to dismiss the indictment. Reason: Congress must be able to conduct investigations especially into "surveys of defects in our social, economic, or political system," claimed Chief justice Warren, in order to allow congress to relive those issues. With that in mind Congress has no authority to expose private affairs of persons without it being pertinent to the legislation in question. The Bill of Rights was applied to the Constitution to ensure safety of individual rights from and overbearing Congress. Congress can not ask vague questions to accidentally fall onto the answer(s) they want, specific questions must be used to retrieve the needed information. Barenblatt v. United States (1959) 360 U.S. 109 Facts: Lloyd Barenblatt was a college professor called to testify before the congressional subcommittee House of Un-American Activities. When questioning began Barenblatt refused to answer regarding any past involvement with the Communist Party, firmly believing that past political beliefs are protected under the 1st Amendment of the Constitution. The Supreme Court vacated hi ...

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