TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P19

Gale Encyclopedia of American Law Volume 2 P19 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 1 68 BUCK V. BELL state s police power to prescribe regulations that promote the health peace morals education and good order of the people. The state s police power said the Virginia high court gives the state legislature authority to make laws that spur industrial growth develop resources and add to Virginia s wealth and prosperity. When the case reached the . Supreme Court Chief Justice william Howard taft assigned the job of writing the opinion to Associate Justice oliver wendell Holmes Jr. then 86-years old. Holmes began his opinion by detailing the procedural safeguards that were afforded Buck though neither Buck nor her representative had taken issue with them. Holmes noted that Buck had received notice of the superintendent s petition for sterilization Buck was given the opportunity to appear at a hearing where the propriety of her sterilization was determined based on the evidence presented and Buck had the right to appeal all the way to the highest court in the United States. There can be no doubt Holmes concluded that so far as procedure is concerned the rights of the patient we re most carefully considered. Holmes next addressed Buck s substantive due process claim that she had a constitutional liberty to procreate. Carrie Buck is a feebleminded white woman . She is the daughter of a feeble-minded mother . and the mother of an illegitimate feeble-minded child Holmes wrote. Then Holmes a Civil war veteran compared Buck s sacrifice of procreative freedom to the sacrifice other . citizens make when called into military duty for their county we have seen more than once that the public welfare may call upon the best citizens for their lives. it would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices often not felt to be such by those concerned in order to prevent our being swamped with incompetence. Noting that once sterilized Buck could be released from the institution to become a .

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