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					   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 issue-
  areas
     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

•   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

•   94
•   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)

•   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?

•   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.
          • 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
       • 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
         • 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
        • 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
          • 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
        • 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.
          • 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 [58-
            42]
          • Roman Catholic
Sonia Sotomayor
        • Associate Justice
        • Born in 1954 (55)
        • J.D. Yale
        • U.S Court of Appeals
          2nd Circuit in 1998
          (Clinton)
        • Barack Obama
          nominated in 2009 [68-
          31]
        • Roman Catholic
Elena Kagan
      • 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

•   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

•   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-
  –   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-
  –   Shipwrecks
  –   Pirates
  –   Drug traffic
  –   Zebra Mussels
  –   Asian Carp
      Disputes where the U.S. is
              involved

• Examples
  –   Violation of government contracts
  –   Involvement of government property
  –   Italian Gondola Accident
  –   Nuclear Testing
  –   Japanese Internment
  –   IRS
 Controversies between States


• Examples-
  –   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 African-
  Americans 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

•   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-
  – 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-
   –   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 “self-
  expressionism” 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-
   –   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

				
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