Lee vs. Tam
The case between Lee and Tam are important because
of their ability to challenges the constitution in the aspects of the
government‘s ability to protect the good of all citizens and at the same time
make sure the right of expression and speech is upheld by all citizens.it is a
case involving Simon Tam who is a member of a band called The Slants. This is a
music band from America that wishes to register itself with the United States
Patent and Trademark Office. However, the basis of the band is based on based
on stereotypical aspects based on Asians on the society. Based on a perspective
of the band the stereotypical nature of the name of the band, as well as the
message they put across to the public, are aspects of a cultural and racial
pride that they wish to put across. The band wishes to capitalize of the
stereotypes that the society has used against the Asian community as points of
strength to encourage and stand above in the society. However, based on the
constitution, the government cannot endorse such a registration because it
would be going against the wishes and the good of the rest of the Asian
community. The needs of jut a group cannot be put forward against of the rest
of the society and be backed by the American government.
According to the petitioner Lee, the registration of
the band, The Slants is disparaging and would go against the constitution
because of it would legitimize a government program and in this case the
trademark for the band which will put the government in a position supporting
something that goes against the values of the Asian society.
Hernández v. Mesa
The case between Hernandez and Mesa is one that is
associated with problems with the American and Mexican border patrol for which
the two countries share. Hernandez was a teenager that together with some
friends of his were playing close to a bridge along the Mexico Us border. The
incident occurred when Mesa, an American border patrol apprehended the
teenagers but Hernandez escaped back to the Mexican side. Mesa drew out his
gun, shot it and the bullet hit Hernandez on the head killing. The case was
therefore against Mesa and was based on the fourth amendment of the United
States Constitution. The case was placed forward by the parents of Hernandez
who were Mexicans and were not citizens of the United States. On the other
hand, Mesa and his legal side filed against the motion stating that he was
immune from the convictions and it was because of immunity backed by the
sovereignty.
The case saw the parents of Hernandez try to charge
Mesa against the death of their son. However, the parents charged Mesa based on
the Constitution of the United States and themselves were not citizens of the
United States. Based on the constitution of the United States, Mesa was
protected based on the aspect of the sovereignty of the United States. The case
is based on how the plaintiffs brought forward the case, and they did so based
on a backing associated with the laws of the United States, and they were
foreigners. The constitution could not, therefore, back the claims of a
foreigner against its own citizens. The actions of Mesa could not be
legitimized, but the problem was based on how the case was presented. The issue
of the case on the legal characteristics between Mexico and the United States.
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