Supreme Court Cases

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Supreme Court Cases
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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.

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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

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McCulloch Vs Maryland (1819)

• Whether the Government had the authority to
  establish a National Bank
• Not amongst its Enumerated Powers not
  specified in the Constitution
• The Court decided the Govt. should use its
  Implied Powers as it was necessary and proper

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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. 

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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

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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

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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

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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.

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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 re-instating the death
  penalty in many States Gregg vs Georgia (1976)

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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 1970s and
  1980s The court just reflected this

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The Rehnquist Court 1986-2005

• Reagans 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

13
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

14
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.

15
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

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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

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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

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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
  OConnor

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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.

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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

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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?

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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 counter-revolution?
• How Conservative is the Rehnquist Court?