Dennis vs US essays

Dennis vs US essays This case focuses on the Smith Act, which was passed in the late 1940s. Under this act It shall be unlawful for any person to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of the overthrowing or destroying any government in the United States by force or violence... It also targets organizers of groups intending to commit such acts, as well as people who publish or in any other way support a movement with the end goal being the actions described above. In particular, this case focuses around the 11 members of the Communist Party of the United States who were planning the violent overthrow of the United States government, which is prohibited under the Smith Act. [Section 3] The communists are convicted and appeal, contending the Smith Act is unconstitutional. The Supreme Court, in the end sides with the government based on a series of reasoning. First they agree with the Court of Appeals, which finds that the Marcist-Leninist doctrine the Communist Party subscribes to, in itself, states that a violent overthrow of government in an existing democratic state is necessary because the ruling classes would not allow any other method of revolution. They also found Communists tolerate no dissension from the policy laid down by the guiding forces, but that approved program is slavishly followed by the members of the party. The Supreme Court also argues that many laws require an evil intent and that the petitioners are wrong in saying there is no evil intent. If that precise mental state [must] be an essential element of a crime, surel an intent to overthrow the Government of the United States by advocacy thereof is equally susceptible of proof. The Court continues by saying that change to the government and constitution is all right, as long as it is done legally, but that Congress has a right to protect the Government ...