Supreme Court Cases: The Contrast in the Constitution and Constitutional Law

1145 Words 5 Pages
This paper discusses the contrast of two landmark United States (U.S.) Supreme Court cases that helped to clearly define how the Fourth and Fifth Amendments of the U.S. Constitution is interpreted, and analyzes the difference between the “Constitution” and “Constitutional Law.” Two cases that are referenced in this analysis are (1) Katz v. United States, 386 U.S. 954 (U.S. March 13, 1967), and (2) Olmstead v. United States, 277 U.S. 438 (U.S. June 4, 1928), which differed in ruling; one eventually overturning the other. Finally, a conclusion is drawn as to the importance of these case decisions in the lives of Americans.

Constitution v. Constitutional Law The Fourth (4th) Amendment of the U.S. Constitution provides that “the
…show more content…
So, the court has set precedence to interpret this amendment as to assure fair administration of due process prescribed by the 4th, 5th, and 6th Amendments.
Olmstead - Search Interpretations In the case of Olmstead v. United States, Olmstead and seventy two (72) co-conspirators was accused and convicted for selling liquor, which was in violation of the Eighteenth (18th) Amendment, the National Prohibition Act, which made it illegal to possess or sell liquor anywhere in the country (Olmstead v. United States, 1928). The defendants were also charged with selling and trading liquor with other people for profit while not paying income tax, which violated the U.S. Federal Income Tax Code constituting income tax evasion, though not formally charged. Some of the defendants confessed to guilt, some were tried and convicted, and others acquitted (Olmstead v. United States, 1928). Because of the interpretation of the 4th Amendment at that time, the evidence used for prosecution was collected primarily by wiretapping. In that, there was no physical intrusion on property, persons, or papers that would violate the 4th Amendment freedoms. Hence, search was defined as legal because of the method used to gather evidence needed for federal prosecution (Olmstead v. United States, 1928). However, the

Related Documents

Haunted Joker Theme | [FRENCH-POP]-Françoise Hardy - Partir quand même - EP(2017)(WEB.flac.16bit)(onasimlap) | Read more