Wednesday, May 6, 2020

Societal Values Of The Buck V. Bell Decision - 998 Words

Societal Values of the Buck v. Bell Decision The Supreme Court decision in Buck v. Bell displays some clues to the values of early twentieth century American society. The interpretation of the 14th Amendment of the United States Constitution is the lynchpin of the decision, and the values of the court can be derived from it. In this essay I will demonstrate that the ambiguity of the Amendment in question has significant consequences, the ethics of the interpretation of the Amendment is derived form the paternalistic nature of the Constitution, and that equality of the law is subservient to the desire for a homogeneous and comfortable cultural environment. Interpretation of the 14th Amendment The central contention of the case is of the interpretation of the 14th Amendment of the US Constitution. The court argued that it was â€Å"within the power of the State under the Fourteenth Amendment† to provide sexual sterilization to those who were found to be â€Å"with an heredity form of insanity or imbecility.† Upon close examination of the 14th Amendment, one can see the ambiguity it contains. The Amendment can be read as really saying that the â€Å"state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; †¦deprive any person of life, liberty, or property† as long as â€Å"due process of law† is followed, and granted â€Å"the equal protection of the laws.† And this seems to be the way the Supreme Court read it. Since due process wasShow MoreRelatedThe Government As An Intermediate Agency2120 Words   |  9 Pagesjustification. The mere fact that the government prescribes something to us does not morally justify our doing it (though it may prudentially justify it, and therefore, in some cases it may morally excuse it). 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