INTL3540 Lecture Notes - Arthur Goldberg
11 Mar 2014
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Document Summary
Trop v. dulles (1958: soldier deserted base in north africa: punishment included the loss of citizenship for desertion, secretary of state is dulles. Justice warren says: we are going to talk about the 8th. Amendment but not about the death penalty (doesn"t cut it. It is cruel and unusual punishment: the 8th amendment as they interpret it is an invitation to come on the supreme court and challenge the death penalty. Warren"s statement is an echo of time works changes and the evolving standards of decency that mark the progress of a maturing society: the statement is a way to call for lawyers to challenge the death penalty. Incorporates the 8th amendment using the 14th amendment. Following that the naacp gets involved in death penalty cases, brown v. board had opened the way to school integration and bringing about school inequality.
