Goldberg v. Kelly Supreme Court Case, Arguments, Impact

Goldberg v. Kelly (1970) asked the Supreme Court to determine whether the Due Process Clause of the Fourteenth Amendment applies to welfare recipients who are about to lose their benefits. The landmark case hinged on whether or not public assistance could be considered â€Å"property† and whether the interests of the state or the individual took precedence. Fast Facts: Goldberg v. Kelly Case Argued: October 13, 1969Decision Issued: March 23, 1970Petitioner: Jack R. Goldberg, Commissioner of Social Services of the City of New YorkRespondent: John Kelly, on behalf of NY residents receiving financial assistanceKey Questions:  Can state and city officials terminate welfare benefits without providing recipients with an evidentiary hearing? Are welfare recipients protected under the Due Process Clause of the Fourteenth Amendment?Majority: Justices Douglas, Harlan, Brennan, White, MarshallDissenting: Justices Burger, Black, Stewart  Ruling: Procedural due process applies to welfare recipients at risk of losing their benefits. Welfare is a statutory entitlement and can be considered property. State officials must conduct an evidentiary hearing prior to ending someones benefits. Facts of the Case New York State terminated the benefits of New York City residents receiving assistance from the Aid to Families with Dependent Children program and New York States home relief program. John Kelly, who had been stripped of his benefits without notice, acted as the lead plaintiff on behalf of about 20 New York City residents. At the time, there was no procedure in place for notifying welfare recipients in advance that their benefits would be stopped. Shortly after Kelly filed suit, city and state officials adopted policies for notifying an individual about the loss of benefits pre-termination and included a hearing option post-termination. Under the new policies, state and city officials were required to: Give notice seven days before terminating benefits.Notify the residents that they may request a review of the decision within seven days.Task a reviewing official with â€Å"expeditiously† deciding whether or not to suspend or discontinue aid.Prevent aid from being discontinued prior to entering a finding.Explain that a former recipient may prepare a written letter for a higher official to take into consideration while reviewing the decision to terminate benefits.Offer the former-recipient a â€Å"fair hearing† post-termination in which the former recipient may give oral testimony and present evidence before an independent state hearing officer. Kelly and the residents alleged that the policies were not enough to satisfy due process. The United States District Court for the Southern District of New York found in favor of the residents. Cutting off a welfare recipient in desperate need of public assistance without a prior hearing would be unconscionable, the District Court found. The state appealed the decision and the Supreme Court took on the case to settle the dispute. Constitutional Issues The Due Process Clause of the Fourteenth Amendment reads, â€Å"nor shall any State deprive any person of life, liberty, or property, without due process of law. Can public assistance be considered â€Å"property?† Can a state terminate public assistance without an evidentiary hearing?   Arguments The residents focused on the pre-termination procedure, arguing that it violated the due process clause by not allowing them to advocate on their own behalf. Public assistance was more than a privilege and suddenly terminating it, with or without notice, could jeopardize their ability to provide for themselves and their families. Attorneys on behalf of city and state officials argued that providing due process hearings pre-termination would create too great a burden on the state. Stopping benefits was a matter of cutting costs. A hearing could be triggered post-termination, to allow former recipients to advocate for the reinstatement of benefits. Majority Opinion Justice William J. Brennan, Jr. delivered the 5-3 decision. The majority found that public assistance is closer to property than a privilege and therefore covered under the due process clause of the Fourteenth Amendment. Justice Brennan, on behalf of the majority, weighed the state interest of cutting costs against the recipient’s interest in receiving a fair hearing. The recipients interest carried more weight, the Court found, because public assistance beneficiaries could undergo significant harm when losing aid. Justice Brennan wrote: â€Å"For qualified recipients, welfare provides the means to obtain essential food, clothing, housing, and medical care. Thus, the crucial factor in this context ... is that termination of aid pending resolution of a controversy over eligibility may deprive an eligible recipient of the very means by which to live while he waits.† Justice Brennan emphasized the importance of providing someone with the â€Å"opportunity to be heard.† The process offered by New York State officials prior to terminating benefits did not offer the recipient the chance to speak to an administrator, cross-examine witnesses, or present evidence on their behalf. These three elements were essential to ensuring due process in pre-termination proceedings, Justice Brennan wrote. Dissenting Opinion Justice Hugo Black dissented. The majority had stretched the Fourteenth Amendment too far in granting procedural due process to welfare recipients pre-termination, he argued. Decisions about state and federal programs like the Aid to Families with Dependent Children program should be left to the legislators. Justice Brennans reasoning was suitable for a report from the House Committee on Education and Labor but woefully insufficient as a legal opinion from the Supreme Court, Justice Black wrote. The Courts findings amounted to a decision about what would be fair and humane procedure for terminating benefits, rather than an exercise in applying the text of the Constitution or past decisions. Impact Goldberg v. Kelly was the start of an era of procedural due process rulings from the Supreme Court. At Justice Brennans retirement, he reflected on Goldberg v. Kelly as the most important ruling of his career. It was the first Supreme Court ruling to broaden the concept of procedural due process and impacted millions of people by revolutionizing the system for terminating public assistance. It also provided the Court with a basis for future opinions weighing government interests against the interests of an individual. Sources Goldberg v. Kelly, 397 U.S. 254 (1970).Greenhouse, Linda. â€Å"New Look at an Obscure Ruling, 20 Years Later.†Ã‚  The New York Times, The New York Times, 11 May 1990, www.nytimes.com/1990/05/11/us/law-new-look-at-an-obscure-ruling-20-years-later.html.

Roles And Missions Of Mental Health Counselors - 2092 Words

The Roles and Missions of Mental Health Counselors A mental health counselor provides services to those who are experiencing emotional or mental issues. They work with individuals, groups, and families of all ages and diversity to prevent mental and emotional health issues that affect an individual’s overall well-being. The mental health professionals’ overall goal for any client is optimal mental health. Principles resulting from the examination of human development, has helped mental health counselors with being able to diagnose and treat mental and emotional disorders through the use of efficient techniques aimed at prevention. The perspective of Counseling varies depending on the specialized field but the main mission aims to increase an individual’s sense of his/her own well-being. The various roles and responsibilities performed by clinical mental health counselors become important in strengthening an individual’s ability to gain and maintain control of their lives as a means to independently manage their disorder. The American Mental Health Counselors Association website states under the mission section â€Å"to enhance the profession of clinical mental health counseling through licensing, advocacy, education and professional development.† (2013). Its’ code of ethics addresses the following: 1. Commitment to Clients, 2. Commitment to Other Professionals, 3. Consultation Commitment to Students, 4. Supervisees and Employee Relationships, 5. Commitment to the Profession, 6.Show MoreRelatedThe Professional Identity of a Mental Health Counselor1583 Words   |  7 Pagesï » ¿ The Professional Identity of a Mental Health Counselor Trineequa Gilbert Capella University Introduction The professional identity of a mental health counselor is extremely important. 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Early Railroad Regulatory Developments

Question: Discuss about the Early Railroad Regulatory Developments. Answer: Introduction The early development of industrialisation was accompanied by the growth of Railroads as a service industry. (Garrison Levinson, 2014). Due to its importance to the citizens of the US, the government took huge interest in its operations which included regulations of its operations to try meet the demand of the citizens. (Jerry, 2002). Problem In the course of time, the regulations no longer corresponded to the economic condition of the railroads thus they developed into a serious barrier. A factor which led to collapse of several railroads with majority of remaining ones operating while bankrupt as others earned serious losses. Between 1966 and 1976 the number of accidents due to poorly maintained equipment increased rapidly. (Jerry, 2002). The regulations hampered the efficiency of operating the rails with the government fixing charges and even restricting change of routes and introduction or abandonment of services. As a result the railroad operators ended up maintaining loss making routes and charging economically unrealistic prices. (Jerry, 2002). As a way of resurrecting the dying industry it thereby become very important to try review the regulations and come up with acts to help solve the current problem facing the industry. Main purpose being maximization of the railroad operations benefits to both the shippers as well as the railroad corporations. (Jerry, 2002). Actions In the spirit of reform, the US government adopted the Staggers act in 1980 which eventually deregulated the railroad operations causing significant improvement in economic welfare due to reduction in real rates and service improvement. (Hendricks, 1994). The maximum and minimum rate regulation prevented the corporations from altering their rates as a way of improving their efficiency, deregulation allowed them to change rates to attract more shippers in a certain region hence maximising their activities in certain places. (Hendricks, 1994). Additionally, the railroads were now permitted to charge high rates for more efficient services something which improved service delivery. They increased their rates in unprofitable routes hence forcing the shippers who were previously enjoying the maximum fixed price remedy to pursue other alternative routes. (Jerry, 2002). This way, the railroads could control their operations in areas of maximum return. With the power to abandon the uneconomical routes the railroads demand for labour was significantly reduced. Even though it led to increased length of trains and shipment sizes, the result was a less labour intensive operation whose result was reduced cost of operation. (Hendricks, 1994). To the shippers, the freedom to alter rates by the rails enabled them to receive customised serviced at pre-negotiated rates. (Hendricks, 1994). Recommendation Based on the great improvement brought about by the deregulation of railroads it is therefore reasonable to allow market forces be the major determinant factor affecting industrial organisation and operation. The Staggers Rail Deregulatory Act indicated improvement in service delivery, more efficient operation of the rails as well as growth in firms which were previously dying. This is a proof that government legislative acts regarding industrial operations should be based on a well-researched recommendation and should be frequently altered to reflect the changes in the market (US Department of Transportation, 1978). References Garrison, L., Levinson, M. (2014). The transportation Experience: Policy, Planning, and Development. 2nd edn. London: Oxford University Press. Jerry, E. (2002), Rail Deregulation and Consumer Welfare, Springer Link, Volume 21, Issue 2, pp143-167, https://link.springer.com/article/10.1023/A:1014331206366 Hendricks, W. (1994). Deregulation and Labour Earnings, Springer Link, Volume 15, Issue 3, PP207-234, https://link.springer.com/article/10.1007/BF02685767 United States Department of Transportation, (1978), Prospectus Change in the Freight Railroad Industry, Washington DC, P. L. 94-210

International Law Essays - International Trade, International Law

International Law International law is the body of legal rules that apply between sovereign states and such other entities as have been granted international personality (status acknowledged by the international community). The rules of international law are of a normative character, that is, they prescribe towards conduct, and are potentially designed for authoritative interpretation by an international judicial authority and by being capable of enforcement by the application of external sanctions. The International Court of Justice is the principal judicial organ of the United Nations, which succeeded the Permanent Court of International Justice after World War II. Article 92 of the charter of the United Nations states: The International Court of justice shall be the principal judicial organ of the United nations. It shall function in accordance with the annexed Statute, which is based upon the Statute of the Permanent court of International Justice and forms an integral part of the present Charter. The commands of international law must be those that the states impose upon themselves, as states must give consent to the commands that they will follow. It is a direct expression of raison d'etat, the "interests of the state", and aims to serve the state, as well as protect the state by giving its rights and duties. This is done through treaties and other consensual engagements which are legally binding. The case-law of the ICJ is an important aspect of the UN's contribution to the development of international law. It's judgements and advisory opinions permeates into the international legal community not only through its decisions as such but through the wider implications of its methodology and reasoning. The successful resolution of the border dispute between Burkina Faso and Mali in the 1986 Frontier Dispute case illustrates the utility of judicial decision as a means of settlement in territorial disputes. The case was submitted to a Chamber of the ICJ pursuant to a special agreement concluded by the parties in 1983. In December 1985, while written submissions were being prepared, hostilities broke out in the disputed area. A cease-fire was agreed, and the Chamber directed the continued observance of the cease-fire, the withdrawal of troops within twenty days, and the avoidance of actions tending to aggravate the dispute or prejudice its eventual resolution. Both Presidents publicly welcomed the judgement and indicated their intention to comply with it. In the Fisheries Jurisdiction case (United Kingdom v. Iceland , 1974) the ICJ contributed to the firm establishment in law of the idea that mankind needs to conserve the living resources of the sea and must respect these resources. T he Court observed: It is one of the advances in maritime international law, resulting from the intensification of fishing, that the former laissez-faire treatment ofthe living resources of the sea in the high seas has been replaced by a recognition of a duty to have due regard of the rights of other States and the needs of conservation for the benefit of all. Consequently, both parties have the obligation to keep inder review the fishery resources in the disputed waters and to examine together, in the light of scientific and other available information, the measures required for the conservation and development, and equitable exploitation, of these resources, taking into account any international agreement in force between them, such as the North-East Atlantic Fisheries Convention of 24 January 1959, as well as such other agreements as may be reached in the matter in the course of further negotiation. The Court also held that the concept of preferential rights in fisheries is not static. This is not to say that the preferential rights of a coastal State in a special situation are a static concept, in the sense that the degree of the coastal State's preference is to be considered as for ever at some given moment. On the contrary, the preferential rights are a function of the exceptional dependence of such a coastal State on the fisheries in adjacent waters and may, therefore, vary as the extent of that dependence changes. The Court's judgement on this case contributes to the development of the law of the sea by recognizing the concept of the preferential rights of a coastal state in the fisheries of the adjacent waters, particularly if that state is in