Transcript Supreme Court Cases

Supreme Court Cases
Cases in American Courts
• 10 000 are tried annually in the
various American Courts
• 2% of these are Federal Cases
• In an average year of the 160 heard –
90 are subject to Oral Argument, 70 or
80 are decided by a signed written
opinion.
Maybury Vs Madison (1803)
• Decided upon Judicial Review
• The power of any federal court to
refuse to enforce a law, because in the
views of the judges it conflicts with the
Constitution
• Around 80 Federal Statutes and 700
pieces of State Legislation have been
struck down as ‘unconstitutional’
McCulloch Vs Maryland (1819)
• Whether the Government had the
authority to establish a National Bank
• Not amongst it’s ‘Enumerated
Powers’ – not specified in the
Constitution
• The Court decided the Govt. should
use it’s ‘Implied Powers’ as it was
necessary and proper
Gitlow vs New York (1925)
• Ruling established that the States
aswell as the Federal Government
must respect the guarantees of free
speech and freedom of the Press.
• This judgement marked the adoption
of the incorporation doctrine
• By its express terms, the Bill of Rights applies only to the federal
government. However, the 1st Amendment and most of the
remaining amendments in the Bill of Rights apply to state
governments today because of the judicially created “Incorporation
Doctrine”.
Youngstown Steel and Tube Company vs
Sawyer (1952)
• Using an Executive Order, President
Truman had ordered the Federal
Government to take-over strike hit
Steel Plants – Critical to the Korean
War effort
• The Court decided that his powers did
not extend to such a large scale
confiscation of property
Warren Court 1953-1969
• Noted for Judicial Activism
• Rights of individuals, equal representation
and equality before the law
• Plessey vs Ferguson (1896) – OK to
segregate as long as facilities were equal in
quality
• Brown vs Board of Education (1954)
Segregation in schools was unconstitutional
– a breach of the 14th amendment
The Warren Court cont…..
• The Court rather than Congress
• ‘led the fight for progressive
change in public policy on matters
such as race and sex equality,
abortion, political and religious
dissent, censorship and the rights
of the criminally accused’ – Robert
McKeever
Burger Court
• Roe vs Wade (1973) – Ruled in favour
of Women being allowed to be in
control of their own bodies
• A blow to anti-abortionists
• Also ruled against President Nixon in
the Watergate case. The President
tried to claim Executive privilege,
denied by Burger.
Furman vs Georgia (1972)
• All existing Death Penalty laws were struck
down.
• Those who faced the executioner were
disproportionately African-American, poor,
had been poorly defended or simply unlucky
• Many states then re-wrote their laws, four
years later the court accepted the
constitutionality of these laws, thereby reinstating the death penalty in many States
Gregg vs Georgia (1976)
Burger Court – Not Consistent
• The Supreme Court thinks in judicial
not politcal ways
• The court is influenced by stare decisis,
past precedents and also Interest
groups in amicus curiae briefs
• Judges committed to interpretvist
theories were appointed
• Public opinion shifted to the right in
1970’s and 1980’s – The court just
reflected this
The Rehnquist Court 1986-2005
• Reagan’s appointment, deeply
Conservative
• Ruled in the 2000 Presidential Election
• Also the court has been involved in
• Broadening the power of police
• Prohibiitng abortion counselling
• Limiting use of habeus corpus by Prisoners
Agostini vs Felton (1997)
• Reversed an earlier court ruling to all
federally funded schoolteachers to
provide remedial assistance to
students attending church run schools
• A highly Conservative decision
Clinton vs Jones (1997)
• Presidents were not protected from
civil action brought against them
• Paula Jones sought compensation from
President Clinton, whom she alleged
had sexually harassed her whilst
Governor of Arkansas.
Planned parenthood of South Eastern
Pennsylvannia vs Casey (1992)
• Allowed states to impose 24-hour
waiting periods for those seeking an
abortion
• Essentially disappointed Conservatives
as it upheld the Roe judgement
2000 Presidential Election
• George W Bush vs Albert Gore jnr
• An appeal by Bush to the ruling in Florida Supreme
Court – ordering a manual recount of votes
• For Bush – Votes are clearly marked, so to include
other votes is a departure (Justices Rehnquist,
Scalia and Thomas)
• For Gore – Issuing guidance on how this recount
should proceed (Justices Breyer and Ginsburg)
• Compromise – Sent back to Florida Supreme Court
for further proceedings. The FSC had to have to
votes counted and allow time for Judicial Review, as
this was impossible by Mid-night 12th Dec (2 hours
after ruling) they effectively handed victory to Bush
2000 Presidential Election cont..
• 7 justices had found flaws in the way
the manual recounts had been counted
• Even Justice Ginsburg (Democrat)
found the system ‘flawed’
• Unease as decisions about conduct of
election taken away from election
officials and given to Judiciary
• However Republican dominated court
risked eroding public confidence in its
collective wisdom and fairness
OCTOBER 3rd 2005
• Expected time when George W Bush
will name the replacement for
Rehnquist as Chief Justice
• John Roberts Jnr replaced the retired
Sandra Day O’Connor
Conclusions…..
• As Judges invariably survive the
President who put them there, there is
continuity
• But, should judges just interpret the
constitution or should they broaden
their horizons to redress grievances?
• Judicial restrain is the norm, but as
shown in the Warren Court Judicial
Activism can be triumphant.
Constructionism
• Strict Constructionism – The words of
the Constitution should follow their
literal meaning, what were the authors
intentions? Thereby acting in an
ideologically neutral way
• Loose Constructionism – The courts
should apply the broad principles of
the Constitution into modern life
Questions….
• Would the Founding Fathers be
troubled by the role of the Supreme
Court in 2005?
• Do Supreme courts follow popular
opinion? Should they?
• Is it true that the actions of Supreme
Court have a greater pact on American
Society than the President or
Congress?
Specific Questions…….
• The Warren Court transformed
American Society. Discuss
• Did the Burger Court extend the
judicial revolution that started during
the Warren years or begin a counterrevolution?
• How Conservative is the Rehnquist
Court?