Supreme Court Cases

1. Supreme Court Cases

2. 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.

3. 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’

4. 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

5. 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”. 

6. 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

7. 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

8. 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

9. 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.

10. 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)

11. 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

12. 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

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

16. 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

17. 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

18. 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

19. 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.

20. 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

21. 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?

22. 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?