The Judicial System Landmark Cases Chapter 16 Pages 386-408 Marbury v. Madison (1803) The establishment of Judicial Review. “It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.” Chief Justice John Marshall Background Thomas Jefferson, a member of the Republican Party, won the election of 1800. The outgoing President, John Adams, proceeded to rapidly appoint 58 members of his own party to fill the government posts created by Congress. It was the responsibility of the Secretary of State, John Marshall, to “deliver the commissions,” finish the paperwork, and give it to each of the newly appointed judges. Although Marshall signed and sealed all of the commissions, he failed to deliver 17 of them to the respective appointees. Marshall assumed that his successor would finish the job, but when Jefferson became President, he told his new Secretary of State, James Madison, not to deliver some of the commissions, because he did not want members of the opposing political party to take office. Those individuals couldn’t take office until they actually had their commissions in hand. Background William Marbury, whom Adams had appointed as justice of the peace of the District of Columbia, was one of these last-minute appointees who did not receive his commission. Marbury sued James Madison and asked the Supreme Court of the United States to issue a writ of mandamus, a court order that would require Madison to deliver the commissions, appointing the judges. Marbury argued that he was entitled to his commission and that the Judiciary Act of 1789 gave the Supreme Court of the United States original jurisdiction to issue a writ of mandamus. Madison disagreed. When the case came before the Court, John Marshall—the person who had failed to deliver the commissions in the first place—was the new Chief Justice. What was to be decided? 1. Does the applicant have a right to the commission that he demands? 2. If he does have a right, then how does the laws of this country afford him a remedy? 3. If a remedy is needed, is a writ of mandamus the remedy for this situation? The Dilemma How would the decision be enforced? ◦ Marshall knew that President Jefferson would ignore an order to put Marbury in the seat. The Constitution states that it is the President’s job to enforce court’s decision, so what happens when the President says no? ◦ Marshall also knew that this situation could take away power from the court’s and upset the balance of power. If the court’s rulings are not enforced, then the delicate balance of power between the three branches is lost and the courts are weakened. So, what decision will provide for justice and protect the court’s power? The solution The court ruled that the appointment was valid and should go to Marbury, BUT… ◦ The Judiciary Act of 1789 changed the Constitution by giving the Courts powers not found in the Constitution, which since the Constitution can only be changed by an Amendment the Judiciary Act of 1789 was Unconstitutional. What did this do? The Supreme Court did not decide Marbury’s case, he had to sue in lower courts and never did receive his commission. Congress had to change the Judicial Act of 1789. Supreme Court now had the power of “Judicial Review” and it was accepted and enforced by the President. ◦ The power struggle was over and the Judicial Branch was accepted as an equal branch. Questions for discussion 1. Is this too much power for the Federal Courts, considering that judges are appointed for life? 2. What happens if a court decision is not enforced by the President? 3. Why have we not had an issue of a major power struggle? McCulloch v. Maryland (1819) Establishment that “necessary and proper clause” of Congress is above state’s powers. “…Although, among the enumerated powers of government, we do not find the word “bank” or “incorporation,” we find the great powers to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies…But it may with great reason be contended, that a government, entrusted with ample means for their execution. The power being given, it is the interest of the nation to facilitate its execution…” -Chief Justice John Marshall Background In 1791, the first Bank of the United States was established to serve as a central bank for the country. It was a place for storing government funds, collecting taxes, and issuing sound currency. At the time it was created, the government was in its infancy and there was a great deal of debate over exactly how much power the nation government should have. Some people, such as Alexander Hamilton, argued for the supremacy of the national government and a loose interpretation of its powers, which would include the ability to establish a bank. Others, such as Thomas Jefferson, advocated states’ rights, limited government, and a stricter interpretation of the national government’s powers under the Constitution and, therefore, no bank. While Jefferson was President, the Bank’s charter was not renewed. After the War of 1812, President James Madison determined that the country could utilize the services of a national bank to help fulfill its powers listed in link to Article 1, Section 8, Clause 18 of the Constitution. In response to his suggestion, Congress proposed a Second Bank of the United States in 1816. Background President Madison approved the charter and branches were established throughout the United States. Many states opposed opening branches of this bank within their boundaries for several reason. 1. The Bank of the United States Competed with their own Banks 2. States found many of the managers of the Bank of the United States to be corrupt 3. States felt that the federal government was exerting too much power over them by attempting to curtail the state practice of issuing more paper money than they were able to redeem on demand Background One state opposed to the Bank of the United States was Maryland. In an attempt to drive the Baltimore branch of the Bank of the United States out of business, the Maryland State Legislature required that all banks chartered outside of Maryland pay an annual tax of $15,000. There was a $500 penalty for each violation of this statute. James McCulloch, cashier of the Baltimore branch of the Bank of the United States, refused to pay the tax. Maryland took him to court, arguing that because Maryland was a sovereign state, it had the authority to tax businesses within its border, and that because the Bank of the United States was one such business, it had to pay the tax. The attorneys for Maryland reasoned that because the federal government had the authority to regulate state banks, Maryland could do the same to federal banks. Besides, they argued, the Constitution does not give Congress the power to establish a Bank of the United States. McCulloch was convicted by a Maryland court of violating the tax law and was fined $2,500. Background McCulloch appealed the decision to the Maryland Court of Appeals. His attorneys asserted that the establishment of a national bank was a “necessary and proper” function of the Congress. They stated that many powers of the government are implied rather than specifically stated in the Constitution. Furthermore, Maryland did not have the authority to levy the tax, because doing so interfered with the workings of the federal government. After the Maryland Court of Appeals upheld the original decision against McCulloch, he appealed again. The case was heard by the Supreme Court of the United States, headed by Chief Justice John Marshall What was to be decided? 1. Does Congress have the power to incorporate a bank? 2. Does a state have any power (in this case to tax) over any aspect of the federal government? What was the decision? 1. Under the “Necessary and Proper Clause” Congress has the power to take any and all actions necessary, including establishing a bank, to fulfill the job of the Government. 2. Under the “Supremacy Clause” State government do not have any power over the federal government, it is very clear they are under the power of the federal government. Questions still debated…. 1. Is there a limit to what could be considered “necessary and proper”? 2. What is the impact of the “supremacy clause” on the future of America? ◦ Should the federal government always have supremacy? Abortion, gay marriage, drinking laws, etc. Plessy v. Ferguson (1896) "The object of the [Fourteenth] Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either.“ -Justice Henry Billings Brown Background In 1890, Louisiana passed a statute called the Separate Car Act, which stated "that all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races, by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations. . . . " The penalty for sitting in the wrong compartment was a fine of $25 or 20 days in jail. The Plessy case was carefully orchestrated by both the Citizens' Committee to Test the Constitutionality of the Separate Car Act, a group of blacks who raised $3000 to challenge the Act, and the East Louisiana Railroad Company, which sought to terminate the Act largely for monetary reasons. They chose a 30-year-old shoemaker named Homer Plessy, a citizen of the United States who was one- eighth black and a resident of the state of Louisiana. On June 7, 1892, Plessy purchased a first-class passage from New Orleans to Covington, Louisiana and sat in the railroad car designated for whites only. The railroad officials, following through on the arrangement, arrested Plessy and charged him with violating the Separate Car Act. Well known advocate for black rights Albion Tourgee, a white lawyer, agreed to argue the case without compensation. Background In the criminal district court for the parish of Orleans, Plessy argued that the Separate Car Act violated the Thirteenth and Fourteenth Amendments to the Constitution. Thirteenth Amendment Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Fourteenth Amendment Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Background John Howard Ferguson was the judge presiding over Plessy's criminal case in the district court. He had previously declared the Separate Car Act "unconstitutional on trains that traveled through several states." However, in Plessy's case he decided that the state could choose to regulate railroad companies that operated solely within the state of Louisiana. Therefore, Ferguson found Plessy guilty and declared the Separate Car Act constitutional. Plessy appealed the case to the Louisiana State Supreme Court, which affirmed the decision that the Louisiana law as constitutional. Plessy petitioned for a writ of error from the Supreme Court of the United States. Judge John Howard Ferguson was named in the case brought before the United States Supreme Court (Plessy v. Ferguson) because he had been named in the petition to the Louisiana Supreme Court and not because he was a party to the initial lawsuit. What was to be decided? Are separate, but equal facilities allowed under the 13th and 14th Amendment or are separate facilities unconstitutional? What is the government’s role in dealing with racial prejudice? What was decided? 7-1 decision The 13th Amendment did not apply to this case according to the court. The 14th Amendment was only concerned with the legal, not social, equality. The courts said the law did not impact racial equality, so as long as the separation was equal and fair, it was up to the states. In this case Louisiana was keeping peace and good order. What was decided? The majority believed that the government had no power to do anything about “social equality.” They stated “if one race be inferior to the other socially, the Constitution cannot put them upon the same plane.” The sole dissenting judge felt that these laws were based on the wrong belief that “colored citizens are so inferior…” and because of this the laws should be struck down because the government cannot contribute to the seeds of hate. Questions still debated What is the long term impact this ruling had on American society? What issues do we still see today because of this ruling? Stats: Blacks are -twice as likely to be unemployed -three times as likely to live in poverty -six times as likely to be imprisoned -80% graduate high school (90% whites) -17% have bachelor’s degree (30% whites) -55% rent (35% whites) How much of this is because of Plessy v. Ferguson? What do we do about it now? Brown v. Board of Education (1954) "We conclude that the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal.“ —Chief Justice Earl Warren Background In the early 1950s, Linda Brown was a young African American student in the Topeka, Kansas school district. Every day she and her sister, Terry Lynn, had to walk through the Rock Island Railroad Switchyard to get to the bus stop for the ride to the all-black Monroe School. Linda Brown tried to gain admission to the Sumner School, which was closer to her house, but her application was denied by the Board of Education of Topeka because of her race. The Sumner School was for white children only. Background Under the laws of the time, many public facilities were segregated by race. The precedent-setting Plessy v. Ferguson case, which was decided by the Supreme Court of the United States in 1896, allowed for such segregation. In that case, a black man, Homer Plessy, challenged a Louisiana law that required railroad companies to provide equal, but separate, accommodations for the white and African American races. He claimed that the Louisiana law violated the Fourteenth Amendment, which demands that states provide "equal protection of the laws." However, the Supreme Court of the United States held that as long as segregated facilities were qualitatively equal, segregation did not violate the Fourteenth Amendment. In doing so, the Court classified segregation as a matter of social equality, out of the control of the justice system concerned with maintaining legal equality.The Court stated, "If one race be inferior to the other socially, the constitution of the United States cannot put them on the same plane." Background At the time of the Brown case, a Kansas statute permitted, but did not require, cities of more than 15,000 people to maintain separate school facilities for black and white students. On that basis, the Board of Education of Topeka elected to establish segregated elementary schools. Other public schools in the community were operated on a nonsegregated, or unitary, basis. At the time of the Brown case, a Kansas statute permitted, but did not require, cities of more than 15,000 people to maintain separate school facilities for black and white students. On that basis, the Board of Education of Topeka elected to establish segregated elementary schools. Other public schools in the community were operated on a nonsegregated, or unitary, basis. Background The Browns felt that the decision of the Board violated the Constitution. They sued the Board of Education of Topeka, alleging that the segregated school system deprived Linda Brown of the equal protection of the laws required under the Fourteenth Amendment. No State shall . . . deny to any person within its jurisdiction the equal protection of the laws. —Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution Thurgood Marshall, an attorney for the National Association for the Advancement of Colored People (NAACP), argued the Brown's case. Marshall would later become a Supreme Court justice. Background The three-judge federal district court found that segregation in public education had a detrimental effect upon black children, but the court denied that there was any violation of Brown's rights because of the "separate but equal" doctrine established in the Supreme Court's 1896 Plessy decision. The court found that the schools were substantially equal with respect to buildings, transportation, curricula, and educational qualifications of teachers. The Browns appealed their case to the Supreme Court of the United States, claiming that the segregated schools were not equal and could never be made equal. The Court combined the case with several similar cases from South Carolina, Virginia, and Delaware. The ruling in the Brown v. Board of Education case came in 1954. What was to be decided? Does “Separate, but equal” really create an equal situation? If not, then what has it really created? Can we have a segregated society? What was the decision? The courts focused on the effects of a separate education on the individual children. They found that even when the facilities were the same, the black students had an overall sense of being inferior to the white students. They decided to study the affect of this inferiority complex. They found that it significantly and permanently damaged these students and limited their success for the rest of their life. What was the decision? In a unanimous decision: The court found that education was too important to be limiting any students and their future. They ruled that “separate, was inherently unequal” and that this system was discriminating against black people. All schools were to desegregate and allow ALL students, regardless of ethnicity, into the school. This was one of the early cases that started the Civil Rights movement. Questions still debated? What was the long lasting effect of segregation? Do we do anything about “natural segregation”? Is education equal today or do some children (students in wealthier areas) receive better education? If so, what can be done about it? Miranda v. Arizona (1966) ". . . the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self- incrimination.“ —Chief Justice Earl Warren speaking for the majority Background Ernesto Miranda was a poor Mexican immigrant living in Phoenix, Arizona, in 1963. Miranda was arrested after a crime victim identified him in a police lineup. Miranda was charged with rape and kidnapping and interrogated for two hours while in police custody. The police officers questioning him did not inform him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of an attorney. As a result of the interrogation, he confessed in writing to the crimes with which he was charged. His written statement also included an acknowledgement that he was aware of his right against self- incrimination. During his trial, the prosecution used his confession to obtain a conviction, and he was sentenced to 20 to 30 years in prison on each count. Background Miranda's defense attorney appealed to the Arizona Supreme Court. His attorney argued that his confession should have been excluded from trial because he had not been informed of his rights, nor had an attorney been present during his interrogation. The police officers involved admitted that they had not given Miranda any explanation of his rights. They argued, however, that because Miranda had been convicted of a crime in the past, he must have been aware of his rights. The Arizona Supreme Court denied his appeal and upheld his conviction. Background The case comes down to this fundamental question: What is the role of the police in protecting the rights of the accused, as guaranteed by the Fifth and Sixth Amendments to the Constitution? The Fifth Amendment states that no person "shall be compelled in any criminal case to be a witness against himself. . . ." The Sixth Amendment states that, "In all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his defense." The Supreme Court of the United States had made previous attempts to deal with these issues. In Brown v. Mississippi (1936), the Court had ruled that the Fifth Amendment protected individuals from being forced to confess. In Gideon v. Wainwright (1963), the Court held that persons accused of felonies have a fundamental right to an attorney, even if they cannot afford one. In 1964, after Miranda's arrest, the Court ruled that when an accused person is denied the right to consult with his attorney, his or her Sixth Amendment right to counsel is violated (Escobedo v. Illinois). But do the police have an obligation to ensure that the accused person is aware of these rights? If so, at what point in the criminal justice process must the defendant learn of these rights? Background In 1965, the Supreme Court of the United States agreed to hear Miranda's case. At the same time, the Court agreed to hear three similar cases, Vignera v. New York, Westover v. United States, and California v. Stewart. The Court combined the four cases. Since Miranda was listed first among the four cases considered by the Court, the decision came to be known by that name. The decision in Miranda v. Arizona was handed down in 1966. What is to be decided? What role do police have in protecting the rights of the accused that are guaranteed in the bill of rights? -Do police have to make sure that the accused are aware of all their rights? -If so, when do police have to notify the accused of their rights? If “”innocent until proven guilty,” how much responsibility does the system have to ensure this? What was decided? 5-4 decision The Constitution guarantees rights to the accused in the Bill of Rights, additionally a person is always innocent until proven guilty. These rights must be protected by our government, in this case the police are representing our govenrment. The arrested had to be notified of their rights before any chance that they could violate those rights. -The issue was that it was too easy for police to cross the line without a clear limit to ensure their rights. Miranda rights These have to be read before any questioning or at the time of arrest. -You have the right to remain silent -Anything you say can and will be used against you in a court of law -You have the right to have an attorney present before any questioning -If you cannot afford an attorney, one will be appointed to represent you before any questioning -Do you understand these rights? Questions still debated? Do the “Miranda Rights” limit police officer from being able to catch criminals and allow guilty criminals to go free? ◦ If so, do we want these limits? How much responsibility do we have as citizens to know our rights? ◦ Does the government need to protect us? Tinker v. Des Moines (1969) Established students rights to protest. “…In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views.” Background John and Mary Beth Tinker were public school students in Des Moines, Iowa in December of 1965. As part of a group against American involvement in the Vietnam War, they decided to publicize their opposition by wearing black armbands to school. Having heard of the students' plans, the principals of the public schools in Des Moines adopted and informed students of a new policy concerning armbands. This policy stated that any student who wore an armband to school would be asked immediately to remove it. A student who refused to take off his or her armband would be suspended until agreeing to return to school without the band Two days later and aware of the school policy, the Tinker children and a friend decided to wear armbands to school. Upon arriving at school, the children were asked to remove their armbands. They did not remove the armbands and were subsequently suspended until they returned to school without their armbands. Background The children returned to school without armbands after January 1, 1966, the date scheduled for the end of their protest. However, their fathers filed suit in U.S. District Court. This suit asked the court for a small amount of money for damages and an injunction to restrain school officials from enforcing their armband policy. Although the District Court recognized the children's First Amendment right to free speech, the court refused to issue an injunction, claiming that the school officials' actions were reasonable in light of potential disruptions from the students' protest. The Tinkers appealed their case to the U.S. Court of Appeals but were disappointed when a tie vote in that court allowed the District Court's ruling stand. As a result they decided to appeal the case to the Supreme Court of the United States. Background The case came down to this fundamental question: Do the First Amendment rights of free speech extend to symbolic speech by students in public schools? And, if so, in what circumstances is that symbolic speech protected? The First Amendment states "Congress shall make no law . . . abridging the freedom of speech." The Fourteenth Amendment extends this rule to state governments as well, of which school systems are a part. The First Amendment, however, does not identify which kinds of speech are protected. For example, it is not clear whether hate speech against an individual or group is protected. Neither does the First Amendment specify what types of expressive actions should be considered as speech. Background The Supreme Court of the United States has made many attempts to determine what types of symbolic speech are protected under the First Amendment. In 1919, the Court decided in Schenck v. United States that the right of an individual to protest World War I by distributing pamphlets urging draftee non-compliance was unconstitutional because the distribution "create[ed] a clear and present danger that . . . will bring about . . . substantive evils." The Court wrestled with the issue of the right to symbolic speech again in the case of Thornhill v. Alabama (1940) when the Court ruled that picketing was a form of symbolic speech protected by the First Amendment because no clear and present danger of destruction of life or property or of breach of the peace was inherent in the action. Three years later in West Virginia v. Barnette (1943), the Court extended the First Amendment protection of symbolic speech to students in public schools. In Barnette, the Court held "[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion. . . ." Background In 1968 the Supreme Court of the United States agreed to hear Tinker's case and consider the constitutionality of the Des Moines principals' anti-armband policy. The Court's decision in Tinker v. Des Moines was handed down in 1969. What was to be decided? Does the First amendment right of free speech extend to symbolic speech by students in public schools? If so, then what exactly is protected? ◦ How do we protect the “authority” structure of public schools so that they can stop disruptive behavior? If the purpose of school is learning, then schools must be able to stop all possible distractions..right? What was the decision? It was a split decision. Students and teachers are protected under the First Amendment, as all people are, but… ◦ The school does have the authority to stop/punish disruptive speech/behavior if it has no real purpose. Schools cannot pick and choose sides of issues to stop, it is an all or nothing approach. The goals of public school is to educate, any action that would interfere with education can be stopped. Questions still debated… Is there a line of freedom of speech in the classroom? ◦ Both by teachers and students Is something disruptive just because it is an unpopular opinion? How far can students go to express themselves if they feel that there is a purpose to what they are expressing Roe v. Wade (1973) Sets the standards for abortion “We … acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires.” -Justice Blackmum Majority Opinion Background In the latter part of the nineteenth century and the first half of the twentieth century, most states adopted laws strictly regulating the availability of abortions. Many states outlawed abortion except in cases where the mother’s life was in jeopardy. Illegal abortions were widespread and often dangerous for women who undertook them because they were performed in unsanitary conditions. The sexual revolution that began in the second half of the twentieth century resulted in public pressure to ease abortion laws. As some states began to relax abortion restrictions, some women found it relatively easy to travel to a state where the laws were less restrictive or where a doctor was willing to certify medical necessity. Background However, poor women often could not travel outside their state to receive treatment, raising questions of equality. Statutes were often vague, so that doctors did not really know whether they were committing a felony by providing an abortion. In addition, government interference in sexual matters was beginning to be called into question by a changing conception of privacy. There is no right to privacy explicitly guaranteed in the Constitution. However, the Supreme Court has long acknowledged some right to privacy. In earlier rulings about privacy, the Supreme Court seemed to connect the right to privacy to location, with a particular emphasis on a person’s home. This association stemmed from notions of property rights and centered on people’s personal property. Background However, in the second half of the last century, the Court’s position on privacy came to be seen as a right connected to a person, not to a location. The change in conceptions of privacy can be seen clearly in the landmark decision of Griswold v. Connecticut (1965). The Supreme Court ruled that a Connecticut statute outlawing access to contraception violated the U.S. Constitution because it invaded the privacy of married couples to make decisions about their families. In that ruling, the Court identified privacy as a transcendent value, fundamental to the American way of life, and to the other basic rights outlined in the Bill of Rights. Though the decision focused on the fundamental nature of privacy associated with marriage, the case set the stage for the Court to proceed further in its protection. Seven years later, the Court decided a case that extended access to contraception to unmarried persons, as well. Background While the word privacy does not appear in the Constitution, the argument for protecting privacy is based on the Due Process Clause of the 14th Amendment. That clause has been found to protect certain fundamental rights against government action. Jane Roe, a pseudonym used to protect her identity, was an unmarried and pregnant Texas resident in 1970. She wanted to have an abortion, but Texas abortion law made it a felony to abort a fetus unless “on medical advice for the purpose of saving the life of the mother.” Roe filed suit against Wade, the district attorney of Dallas County,Texas to challenge the statute outlawing abortion. Background Roe contested the statute on the grounds that it violated the Fourteenth Amendment mandating equal protection of the laws and the guarantee of personal liberty, and a mother’s right to privacy implicitly guaranteed in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. The state argued that “the right to life of the unborn child is superior to the right to privacy of the mother.” The state also argued that in previous decisions where the Court protected individual or marital privacy, that right was not absolute. The state argued that this is a policy matter best left to the legislature to decide. A three-judge federal district court ruled the Texas abortion law unconstitutional, and the case was then appealed directly to the U.S. Supreme Court. What was to be decided? The Texas anti-abortion law had been ruled unconstitutional by the lower courts, so it was the state of Texas appealing the decision. Does the state legislature have the right to regulate abortion policies? How much of a right to “privacy” does a pregnant women have to her body? What was the decision? 9th Amendment, all rights not found in the constitution are reserved to the people and states accordingly, comes to play. ◦ This is an issue that is reserved to both the people and the states. ◦ It is a right to privacy issue under the 4th Amendment to a point. ◦ It is a state’s responsibility to protect life (state’s interest) to a point. The key aspect of the ruling is a balance of the respective interests of both the individuals and the state. ◦ First trimester abortion is the decision of the pregnant woman and her physician, not to be regulated by the state. ◦ Second trimester abortion can be regulated (not illegal) to promote the health of the mother and reasonable to maternal health. ◦ Third trimester abortion can be made illegal by the state, with the exception of the mother’s life being in jeopardy without an abortion. Issues still today Pro-Life v. Pro-Choice still heavily argued today. Anti-abortion extremist violence against doctors. States like North and South Dakota are trying to pass laws against abortions to challenge the ruling. Should any health insurance be used to pay for abortions? The Death Penalty Several cases have made it to the U.S. Supreme Court to deal with the use and implementation of the death punishment. The main issue deals with the 8th Amendment and what qualifies as cruel and unusual punishment. Supreme Court Cases Furman v. Georgia (1972) ◦ Said that death penalty was cruel and unusual punishment that violated Constitutional rights when states are not consistent in the application of it. In several states, minorities were getting the death penalty for the same crimes that whites were getting life. This caused a temporary halt in executions while the states tried to figure out how and if they could use the death penalty Supreme Court Cases Gregg v. Georgia (1977) ◦ This case started the executions back again. ◦ The ruling was that as long as it was applied fairly and consistently, the death penalty was a reasonable punishment. Coker v. Georgia (1977) ◦ Ruled that the death penalty is an excessive penalty for rape. Supreme Court Cases Atkins v.Virginia (2002) ◦ Ruled that the death penalty can not be used for people that are mentally retarded. Ring v. Arizona (2002) ◦ A judge changed a juries life sentence decision to the death penalty. The Supreme Court said that the only way a sentence can be changed to the death penalty is by a jury or by the request of the defendant. Supreme Court Cases Roper v. Simmons (2005) ◦ This decision ruled that the death penalty cannot be applied to people who were under the age of 18 when the crime was committed. Pro Death Penalty Proponents of capital punishment say it is an important tool for preserving law and order and that the death penalty deters additional crime thereby saving innocent lives. They argue that the death penalty costs less than life imprisonment because it prevents needing to house and feed the criminal for so many years and that life - even in prison - is a privilege that some people should not have. They believe that retribution or "an eye for an eye" is often the most appropriate action because some crimes are so horrible and some criminals so callous that execution is the only way to prevent future tragedy. Con Death Penalty Opponents of capital punishment say it has no deterrent effect on crime and wrongly gives governments the power to take human life making them no better than the murderers they execute. They argue that serving a lifetime jail sentence is a worse punishment than death, and that life imprisonment costs less than capital punishment because death penalty cases are expensive to prosecute and usually result in numerous appeals. They believe the death penalty perpetuates social injustices by disproportionately targeting people of color (racist) and people who cannot afford good attorneys (classist). They say it creates a system whereby innocent people are sometimes executed. State of Ohio stance on the death penalty Affirmative Action Origins of Affirmative Action The banning of discrimination in the workplace on the basis of race started under President Roosevelt in 1941. This was strengthened by the successive presidents into and past the Civil Rights movement. It becomes clear, that simply banning discrimination is not enough The problem Due to the years of discrimination, the people that have been discriminated against are not qualified to compete with the people that were not discriminated against. So, by ending discrimination, but having only the most “qualified” get the job, the discrimination continues, even if it is unintentional. The question How do we create a fair system of employment opportunity that not only eliminates discrimination, but also eliminates the after affects of past discriminations. For every dollar a white man earns: Asian men earn .99$, black men earn .74$, Hispanic men .58$, Asian women .78$, White women .73$, Black women .63$, and Hispanic women .52$ The Solution Affirmative Action This is the set of positive steps that employers use to promote the equal employment opportunity and to eliminate discrimination in the workplace. This includes racial, gender, and all other possible types of discrimination. How does it work Any situation where there are fewer women and/or minorities than would be expected based on the available workforce, then the employer must look at the situation and create a goal to create a diverse workforce. Quotas are illegal, but are often used as a complaint against Affirmative Action 3-Steps under Affirmative Action 1. Problem Identification 2. Self-Analysis 3. Action-Oriented Programs The Cases Regents of the University of California v. Bakke (1978) Allowed for “race” to be a positive consideration in acceptance to college, but there could not be quotas. Grutter v. Bollinger (2003) Upheld the Bakke ruling and stated that race could be used in acceptance, especially to increase the benefits created by a more diverse learning environment . Issues around Affirmative Action Does Affirmative Action conflict with the principles of merit? How does Affirmative Action deal the “Glass Ceiling” that is currently viewed as an issue in the workplace? Is Affirmative Action “reverse discrimination” against white men? Is Affirmative Action hurting minorities by creating a situation where they need “special help” to achieve success, not allowing them to demonstrate what they can do on their own? When are we past this and can allow people to get what they earn, without regard to discrimination?