Transcript Document

THE
JUDICIARY
Early Days of the Supreme
Court
• The Founders expected that the courts
would have “judgment” about cases,
that is, the power to resolve disputes
brought before them; thus:
• The courts were to be the “least
dangerous” branch;
• The Supreme Court was not given a
formal home until 1935
Establishing Judicial
Review
• Marbury v. Madison (1803) sets the
precedent for the court to declare laws or
actions of government officials
unconstitutional:
• The Constitution is seen as the
supreme law of the land and
contradictory laws are unconstitutional;
• Judges can be trusted to interpret the
Constitution because they take an oath
to uphold it
National Supremacy
• McCulloch v. Maryland (1819) – the
Court interprets the “necessary and
proper” clause to allow Congress to
legislate where its powers are not clear.
A Changing Court, I
• The Court reflected where its justices
came from in the period of
industrialization; thus the Court:
• invalidated laws regulating child labor,
maximum hours of work, and
minimum wages;
• limited both workers joining unions
and unions from striking;
• also limited antitrust laws
A Changing Court, II
• Roosevelt’s court-packing plan (1936)
causes the Supreme Court to protect
itself by going along with presidential
initiatives.
A Changing Court, III
• The Warren Court (1953-1969) –
brought about significant changes in:
• civil rights and liberties;
• criminal defendants’ rights;
• reapportionment
A Changing Court, IV
• The Burger (1969-1986) and
Rehnquist courts (1986-2005) proved
to be more conservative:
• Uncertain about whether to eliminate
liberal doctrine;
• Conflicts among conservatives led to
a divided court;
• Changes made to legal doctrine
instead
Structure of the Courts, I
• The District Courts:
• 94 courts, 1 for each state;
• Multiple judges, although only one
judge or jury decides a case;
• Trial-level courts
Structure of the Courts, II
• The Courts of Appeal:
• 12 courts based on regions of the
country called circuits;
• Intermediate appellate courts;
• Panels of three judges decide cases
Jurisdiction
• The authority to hear and decide cases:
• Federal courts – cases in which the
subject involves the US Constitution,
statutes, or treaties; maritime law;
cases in which litigants include the
US government, state governments,
and/or citizens;
• State courts – cases involving
criminal matters in the states
Judges
• Senatorial courtesy – senators of the
president’s party recommend or veto
candidates from their state for
judgeships in their states;
• The Senate Judiciary Committee – the
battleground for controversial
nominations
Presidential Criteria
• Usually someone from the president’s
party;
• Ideological views of the candidate;
• Diversity on the courts
Tenure of Judges
• Serving “during good behavior” judges
and justices can only be removed by
impeachment for “high crimes and
misdemeanors”
Independence of Judges
• Presidents may try to influence
individual judges/justices but generally
judges/justices vote as they see fit:
• One-quarter of judges/justices deviate
from presidential expectations;
• Presidents who carefully search for
candidate usually get who they want
Access to the Courts
• Types of court cases:
• Criminal cases – those in which
government prosecutes persons for
violating the law;
• Civil cases – those in which persons
sue others for denying their rights and
causing them harm
Wealth Discrimination in
Access
• Money often determines whether you
have sufficient or effective
representation in court.
Interest Groups Help in
Access
• About half of all Supreme Court cases
involve a liberal or conservative interest
group. Types of groups:
• The ACLU;
• The NAACP;
• The Rutherford Institute
How a Case Gets to the
Courts
• Cases usually start in district courts;
• Cases then may proceed on appeal to
the Appellate courts;
• Appeals may be taken to the Supreme
Court;
• Or, the Supreme Court may decide to
hear a case itself and issue a writ of
certiorari
Deciding Cases
• Courts may either interpret statutes or
interpret the Constitution;
• Judges/justices generally exercise
discretion in deciding cases
Approaches to the Law
• Restrained judges – see the judiciary
as the least democratic branch and
therefore accept the laws and actions of
the other branches rather than
substitute their own views;
• Activist judges – less concerned with
deference and proper procedures, do
not see the courts as undemocratic, and
claim that declaring laws
unconstitutional enhances the law
Following Precedents
• Stare decisis – “stand by what has
been decided”, meaning that the courts
goes along with decisions from previous
cases:
• Provides stability in the law;
• Judges/justices still exercise
discretion in choosing which
precedents to follow
Cases at the Supreme Court
• Briefs, or written arguments are
submitted;
• The Court holds oral arguments;
• Lawyers present their arguments with
justices frequently interrupting;
• Each side has a half hour
• Friday conferences are held to discuss
cases;
• Opinions are assigned and written to try
and influence supporters;
• Votes are eventually taken and other
opinions written
The Use of Judicial Review
• Over 150 provisions of federal laws;
• Over 1,200 provisions of state and local
laws;
• Judicial review has been used sparingly
and the Court has ignored many issueareas
Checks on the Courts
• Presidents may appoint new judges
when vacancies occur;
• Presidents may refuse to enforce court
rulings but also may run into public
pressure to do so;
• Congress may overturn court rulings
through constitutional amendments, but
this is difficult
• The Founders did not intend for the
courts to be responsive to the public;
• The courts are part of the political
process, and are sensitive to it
Role of the courts in American
government
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Make policy
Can undo work of representative institutions
Judicial Activism or Judicial Restraint?
Constitutional advocates?
Bush v. Gore
Citizens United v. FEC
Conferral of power on federal
courts
• Constitution
• Judiciary Act of 1789
– The Act set the number of Supreme Court
justices at six: one Chief Justice and five
Associate Justices.
– The Act also created 13 judicial districts
within the 11 states that had then ratified
the Constitution
– This Act established a circuit court and
district court in each judicial district
• The Act created the Office of Attorney General,
whose primary responsibility was to represent
the United States before the Supreme court. The
Act also created a United States Attorney and a
United States Marshal for each judicial district
– A clause granting the Supreme Court the power to issue
writs of mandamus (we command) outside its appellate
jurisdiction was declared unconstitutional by Marbury v.
Madison 5 U.S. 137 (1803), one of the seminal cases in
American law. Thus, the Judiciary Act of 1789 was the
first act of Congress to be partially invalidated by the
Supreme Court.
– The Judiciary Act of 1789 included the Alien Tort Statute
which provides jurisdiction in the district courts over
lawsuits by aliens for torts (civil wrongs) in violation of
the law of nations or treaties of the United States.
• Marbury v. Madison
• Judicial review
Judicial review of presidential
actions
• U.S. v Nixon
• U.S. v. NYT
• Gitmo?
Judicial review of state laws
Organization of Federal Courts
today
U.S. District Courts
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Trial court
Civil cases
Criminal cases
Most settle out of court
Federal Circuit Court of Appeals
• 12 regional courts
• 13th court
Federal court of appeals(cont.)
• Panel of 3
• Opinion writing
• Stare decisis
Supreme Court
• Equal justice under the law while making justice
the guardian of liberty
• Jurisdiction: original and appellate
Supreme Court (continued)
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Control over docket (rule of four)
Solicitor general
Amicus curiae brief
Grant review
Oral arguments
Conference
Judgment
Chief justice
COURT SYSTEM
How does a person become a
judge?
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Nominations - Senate Judiciary committee
Senatorial courtesy
Political ideology
Supreme Court Justices
SCOTUS
U.S. Supreme Court 2010
Supreme Court of the United States
• Supreme Court is the ultimate court of appeals in
the United States.
• Usually this is determined by the rule of law or
process..not the merit of the case.
• Their power to hear a case is discretionary and
they do not have to give any reason for refusing
to hear a case from their docket.
SCOTUS
• If the Supreme Court chooses to hear a case, the
lower court ruling stands.
• If they chose to not a hear a case, they do not
have to give any rationale for why why they have
chosen not to hear the case..but sometimes they
do.
Session
• First Monday of October each year and usually
continues in session through June.
• Receives and disposes of approximately 5,000
cases a year.
– A) Subject matter is not proper.
– B) Subject matter is not sufficient to warrant a
review of the full Court.
Session
• Cases are heard with all the Justices sitting
together in open court.
• Each year the Supreme Court hears about 150
cases of national importance and 3/4ths of such
decisions are announced in full published
opinions.
• Majority, Concurring, and Dissenting Opinions
U.S. Supreme Court
• Located in back of the U.S. Capitol Building
U.S. Supreme Court
John G. Roberts, Jr.
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Chief Justice
Born in 1955 (54)
J.D. Harvard Law
U.S. Court of Appeals
for DC in 2003 (GWB)
• George W. Bush
nominated him C.J in
2005 [78-22]
• Roman Catholic
Antonin Scalia
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Associate Justice
Born in 1936 (73)
LL.B Harvard
U.S. Court of Appeals
D.C. in 1982 (Reagan)
• Ronald Reagan
nominated him in 1986
[98-0]
• Roman Catholic
Anthony M. Kennedy
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Associate Justice
Born in 1936 (73)
LL.B Harvard
U.S. Court of Appeals
9th Circuit in 1975
(Ford)
• Ronald Reagan
nominated him in 1988
[97-0]
• Roman Catholic
Clarence Thomas
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Associate Justice
Born in 1948 (61)
J.D. Yale
U.S. Court of Appeals
D.C. in 1980 (GHWB)
• George H.W. Bush
nominated him in 1991
[52-48]
• Roman Catholic
Ruth Bader Ginsburg
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Associate Justice
Born in 1933 (76)
LL.B Columbia
U.S. Court of Appeals
D.C. in 1980 (Carter)
• Bill Clinton nominated
her in 1993 [96-3]
• Jewish
Steven G. Breyer
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Associate Justice
Born in 1938 (71)
LL.B. Harvard
U.S. Court of Appeals
D.C. in 1980 (Carter)
• Bill Clinton nominated
him in 1994 [87-9]
• Jewish
Samuel A. Alito, Jr.
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Associate Justice
Born in 1950 (59)
J.D. Yale
U.S. Court of Appeals
3rd Circuit in 1990
(GHWB)
• George W. Bush
nominated in 2006 [5842]
• Roman Catholic
Sonia Sotomayor
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Associate Justice
Born in 1954 (55)
J.D. Yale
U.S Court of Appeals
2nd Circuit in 1998
(Clinton)
• Barack Obama
nominated in 2009 [6831]
• Roman Catholic
Elena Kagan
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Associate Justice
Born in 1960 (50)
J.D. Harvard
Initially appointed but not
confirmed to U.S. Court of
Appeals (D.C.) (Clinton)
expired
• U.S Solicitor General of the
U.S. (Obama)
• Barack Obama nominated in
2010 [63-37]
• Judaism
U.S. Supreme Court 2010
The Roberts Court, 2010
Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan.
Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and
Ruth Bader Ginsburg
Justices of the Supreme Court
• Nine Justices led by a Chief Justice of the
Supreme Court. His/her main duty is
administrational and ceremonial.
• Nomination and confirmation can sometimes
become very “political”
• Conservative, Moderate, Liberal
• Republican to Republican appointees
• Democrat to Democrat appointees
• Almost always…
Federal system
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94 district courts: criminal and civil cases
13 appeals courts: appellate
Justices - on for life
1 Supreme Court - Judicial review
– Marbury v. Madison
SCOTUS
Consequences of Judicial
Decisions
• Others to implement its policies
• Longest legacy of U.S. President?
• John Paul Stevens appointed by Ford and
recently resigned under Obama
• Liberal and Conservative Cycles
School prayer
• Engle vs. Vitale
• Wallace v. Jaffree
• Pledge of Allegiance
Desegregation of Schools
• Brown vs Board of Education
• Swann v. Charlotte-Meckelennburg Board of Ed.
Abortion
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Roe v Wade
Webster v Reproductive Services
Planned Parenthood v Casey
Partial birth abortion
Jurisdiction
Unit IV
U.S. Constitution
• Constitutional right violation such as
freedom of speech, religion, or other
related to Constitutional Articles I-VII
and Amendments
• Examples–
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Flag Burning
Executive Branch
Mall of America
Capital punishment of 8 year-old
Federal Laws
• Federal crimes such as tax evasion,
kidnapping, bank robbery or any laws
created by Congress or Executive
Agencies
• Examples– Crime crossing a state or international border
– Checking constitutionality of local, state, and
federal laws
Admiralty and Maritime Laws
• Concerns or crimes that occur on the high
seas, related to the seas, or international
waters
• Examples–
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Shipwrecks
Pirates
Drug traffic
Zebra Mussels
Asian Carp
Disputes where the U.S. is
involved
• Examples
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Violation of government contracts
Involvement of government property
Italian Gondola Accident
Nuclear Testing
Japanese Internment
IRS
Controversies between States
• Examples–
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Disputes over milk prices
Pollution from factories
Interstate system
Hwy 36 Bridge
Asian Carp
Controversies between Citizens of
different States
• Examples– Interstate commerce
– Product bought somewhere else in U.S.
– Jurisdiction limit to case involving $50,000
or more
Disputes involving Foreign
Governments
• Examples– Case involving international law
– Citizen or company
* However, American businesses and U.S.
Citizens and Permanent Residents must
respect laws and practices of other nations as
they do ours
U.S. Ambassadors, Ministers, and Consuls
serving in Foreign Countries
• American citizen working for the
American government violates American
law in a foreign country
• May be legal in respective country but
employee may be liable for actions in
U.S. Court system
• Usually high civilian officials
Jurisdiction
• Under most of these situations, the
Federal Court System has Exclusive
Jurisdiction
• Eight District Courts- Downtown Mpls.
• SCOTUS has the final say…if they want
to…
Functions of Judicial Branch
• Guardian of & interprets U.S.
Constitution
• Make sure laws applied fairly
• Help preserve order in society
• Goal of the court
system is to provide
equal justice for all.
• Some more equal
than others?
Landmark Cases
Unit IV
Marbury v. Madison 1803
• Created the concept of “judicial review”
which allows the Supreme Court to
declare the actions or Acts of Congress as
unconstitutional
• 9-0
• Federal separation of powers and checks
established
Fletcher v. Peck 1810
• Supreme Court ruled a state law
unconstitutional, the decision also helped
create a growing precedent for the
sanctity of legal contracts, and hinted that
Native Americans did not hold title to
their own lands [9-0]
• Georgia claimed possession of the Yazoo
lands, a 35-million-acre region of the
McCulloch v. Maryland 1819
• McCulloch, head of the Baltimore Branch
of the Second Bank of the United States,
refused to pay the tax. State of Maryland
argued that "the Constitution is silent on
the subject of banks.” [9-0]
• Court invoked the Necessary and Proper
Clause of the Constitution which allowed
the Federal government to pass laws not
Johnson v. M’Intosh 1823
• U.S. Supreme Court that held that private
citizens could not purchase lands from
Native Americans.
• Doctrine of aboriginal title in the United
States, and the related “discovery
doctrine”
• Marshall traced the outlines of the the
United States government inherited the
Indian Removal Act of 1830
• The Removal Act paved the way
for the reluctant—and often
forcible—emigration of tens of
thousands of American Indians
to the West.
• Cherokee Nation v. Georgia
(1831)
• Worcester v. Georgia (1832) –
Dred Scott v. Sanford 1857
• Ruled Congress could not prohibit slavery in the
United States territories and that enslaved AfricanAmericans and their descendants were not U.S.
Citizens. [7-2]
• Dred Scott traveled into a “free soil” state with his
master. The issues for the Supreme Court were
citizenship and property rights.
• Impact– Struck down Missouri Compromise Act
– “ Free soil” unconstitutional
– State’s Rights
Civil Rights Act of 1875
• Supreme Court strikes down as
“unconstitutional”
• 14th Amendment prohibits States from
equal protection
• No protection from private discrimination
Plessy v. Ferguson 1896
Established the “separate but equal”
doctrine making public segregation of
Blacks and Whites legal. [8-1]
• Impact– Legalized separation of everything
– Schools, public buildings, hotels, etc.
– Reaffirmed unconstitutional elements of
Civil Rights Act of 1875 (private)
Lochner v.NY 1905
• Supreme Court case that held a "liberty of
contract" was implicit in the due process
clause of the 14th Am [5-4]
• NY law limited the number of hours that
a baker could work each day to ten, and
limited the number of hours that a baker
could work each week to 60.
• Labor law attempting to regulate the
Schenck v. United States 1919
• Held that free speech could be limited if there was a
“clear and present danger” that illegal action might
result from speech. [9-0]
• Conspiracy to violate 1917 Espionage Act by causing
and attempting to cause insubordination and
obstruction of recruitment and enlistment service.
• Impact– Declaration of war suspends certain civil liberties
Adkins v. Childrens Hospital
1923
• Supreme Court opinion holding that
federal minimum wage legislation for
women was an unconstitutional
infringement of liberty of contract, as
protected by the due process clause of the
Fifth Amendment.
• Adkins was overturned in West Coast Hotel
Co. v. Parrish (1937)
New Deal Acts
• "First New Deal" (1933) and a "Second
New Deal" (1934–36). Supreme Court
declared some unconstitutional and
others were repealed during World War
II. [5-4]
• "First New Deal" (1933) dealt with
groups; from banking and railroads to
industry and farming
West Coast Hotel v. Parrish
1937
• Supreme Court upholds Washington
minimum wage law [5-4]
• Court surrenders to New Deal
• Constitutional Revolution
• Government can regulate
• People legislate, not courts
Brown v. Board of Ed. 1954
• Established precedent that “separate but equal”
doctrine of Plessy v. Ferguson (1896) was not equal.
[9-0]
• NAACP case in Topeka, Kansas
• Impact– Desegregation of all public schools and later public spaces
– Civil Rights Movement
– Bussing and Affirmative Action
Griffin v. Prince Edward
County 1964
• Supreme Court ruled that the County
School Board of Prince Edward County's
decision to close all local, public schools
and provide vouchers to attend private
schools were declared constitutionally
impermissible and violations under the
Equal Protection Clause of the 14th
Amendment. [9-0]
Baker v. Carr
1962
• Deciding that reapportionment issues
present justiciable questions, thus
enabling federal courts to intervene in
and to decide reapportionment cases.
The defendants unsuccessfully argued
that reapportionment of legislative
districts is a "political question", and
hence not a question that may be
resolved by federal courts. [6-2]
Engel v. Vitale
1962
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Determined that it is unconstitutional for state officials to compose an
official school prayer and require its recitation in public schools. [6-1]
Opening the school day with such a prayer violates the Establishment
Clause of the First Amendment to the United States Constitution (as
applied to the states through the Fourteenth)
"Congress shall make no law respecting an establishment of religion."
The governments of twenty-two states signed on to an amicus curiae
(friend of the court) brief.
Wallace v. Jaffre (1985)
Gideon v. Wainwright 1963
• Declared that a person accused of a crime
regardless of the offense had right to legal
counsel during a trial. The Supreme
Court previously in Betts v. Brady (1942)
ruled that counsel only was for federal
courts and capital punishment. [9-0]
• Clarence Gideon broke into a pool hall
and stole some food and coins. Gideon
was sent to prison.
Gideon (continued)
• Impact–
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Sixth Amendment reaffirmed
Everyone is entitled to legal defense
Economic discrimination?
Escobedo v. Illinois (1964) would make it
possible for legal defense from the
questioning phase. Discretionary…
– $$$
Miranda v. Arizona 1966
• Ruled that police must inform you of
your Constitutional Rights at the time of
arrest. [5-4]
• Impact– “Miranda Law” --You have the ….
– Supreme Court recently revised but very few
police departments have changed their
processing for fear of losing a conviction
Tinker v. Des Moines 1969
• Ruled three public school students were
able to wear armbands to protest the
Vietnam War as long as the protest did
not “materially and substantially interfere
with appropriate discipline and operation
of school.” [7-2]
• Impact– Student speech (Public schools)
Swann v. Charlotte-Mecklenburgh 1970
• Reinforced the Brown v. Board decision to
integrate students of color into neighboring schools.
Public schools can and must according to Swann
make strides to achieve racial balance of a school’s
population. [9-0]
• Impact– Bussing of students
– Integration of students (urban to suburban)
– Northwest Suburban Integration
NY Times v. United States
1971
• Held that prior restraint or censorship was
unconstitutional unless the government could prove
serious and immediate harm to nation. [6-3]
• The Pentagon Papers
• The Government wanted to stop the Washington
Post and NY Times from publishing contents of a
classified study on Vietnam
• Impact– First Amendment
– Immediate harm to nation
Furman v. Georgia 1972
• Death penalty was found to be applied in
a discriminatory manner against ethnic
minorities and indigents and Court barred
states from carrying out any further
executions. [5-4]
• See Gregg v. Georgia 1976
• Impact– Limitation of 8th Amendment
Roe v. Wade 1972
• Legalized the right of women to an
abortion under certain circumstances.
States were allowed to regulate in later
trimesters. “Viability” is the determining
factor. [5-4]
• Impact– Pro-Life
– Pro-Choice
U.S. v. Richard M. Nixon 1974
• Established that the President’s claim of Executive
Privilege in cases of military or national security issues
is acceptable but it cannot be used to conceal a crime.
[8-0]
• The Watergate Tapes
• Impact–
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Resignation of Nixon
Executive Immunity checked
Pardon by Ford
Abuse of Power defined…
Gregg v. Georgia 1976
• Court ruled that rewritten capital
punishment were constitutional if and
only if A) Juries/ Judges allowed to
consider character and circumstances of
crime and B) Death penalty cannot be
made mandatory. [7-2]
• Impact– States would reform their death penalty
statutes and capital punishment returns to
States
Wallace v. Jaffree 1985
• Court ruled that moments of silence in
public schools are in and of themselves
constitutional but may not be a “favored
practice.” Courts must look at
legislative/ district intent. [6-3]
• Impact– Helped to define public and private speech
– Court cases are currently in the courts
Thompson v. Oklahoma 1988
• Court ruled that applying the death penalty to a 15-year
old was prohibited under the 8th Amendment. [5-3]
• William Thompson murdered his brother-in-law who
had been abused his sister.
• Impact– Juveniles under 16 would not be given capital punishment
– Courts applied later to mental deficiency but age-based
punishments are being tested
Texas v. Johnson 1989
• Texas law made desecration of U.S. or Texas flags
crimes. Supreme Court ruled that this mode of “selfexpressionism” was protected under the 1st
Amendment. State cannot “force” patriotism. [5-4]
• Thompson burned the Flag in protest of Ronald
Reagan’s policies at the RNC
• Impact– Flag desecration amendment bills in State legislatures and
Congress
Planned Parenthood v. Casey
1992
• Pennsylvania state regulations regarding
abortion were challenged. Upheld the
constitutional right to have an abortion
but lowered the standard for analyzing
restrictions [5-4]
• Informed Consent, Parental Notification,
24-hour wait, not Husband Notification
• Impact
Reno v. Shaw
1993
• Redistricting and racial gerrymandering.
The court ruled that redistricting based on
race must be held to a standard of strict
scrutiny under the equal protection
clause. [5-4]
• Legislatures must be conscious of race to
the extent that they must ensure
compliance with the Voting Rights Act.
Bush v. Gore 2000
• Supreme Court of Florida ordered the Circuit Court of
Leon County to tabulate by hand 9,000 votes. It also
ordered the inclusion of 215 and 168 votes in nearby
counties. Issue is the recount in select areas and equal
treatment. Ruled to reverse and remand [5-4]
• Punch cards, hanging chads, etc.
• Impact–
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–
–
Florida recount stopped
George W. Bush becomes 43rd president
Election reform?
14th Amendment
Citizens United v. FEC 2010
• Overrulling two previous cases
• First Amendment rights of corporations
• Government may not ban political
spending by corporations in candidate
elections [5-4]
• Impact– Basic free speech
– Donations are equal to speech
– Hard money…
Salazar v. Buono 2010
• Former National Park Ranger (Frank
Buono) thought 1934 cross erected for
WWI Vets on Mojave National Park was
a violation of First Amendment
• Kenneth Salazar, Dept of Interior
• Doesn’t violate separation of church and
state [5-4]
• Impact
– Public support for religious symbols?
Landmark Cases
Unit IV