The Supreme Court
Who Are They ? John Roberts (Chief Justice) Clarence Thomas (2nd African American) Elena Kagan Sonia Sotomayer (1st Latino) Samuel Alito Antonin Scalia ( Catholic) Ruth Bader Ginsburg (Jewish) Stephen Breyer Anthony Kennedy
Recent Cases: 2014 Riley VS. California - Police need warrants to check cell phones when arrest. (privacy issue) Burwell VS. Hobby Lobby - Courts ruled companies owned by religious families canot be required to pay for contraceptive coverage of female employees. (Affordable Health Care Act)
2014 Decisions Harris VS. Quinn: Some government workers are NOT required to pay union dues. (1977, last time issue examined) Town of Greece VS. Galloway: Town boards may start meetings with prayer: Opens up larger role of religion in public life.
2014 Decisions Hall VS. Florida: Death penalty to mentally disabled. States can decide, but cannot have, an IQ cutoff score. Must look at all mental aspects of perpetrator.
Key Issues in America 2nd Amendment : As it reads in the constitution. “A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”.
Key Issues in America 4th Amendment. - “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”.
Supreme Courts worst decisions Scott V. Sanford (1857) African Americans are not citizens, but property. Deepened divisions within a fragile union. Hostilities grow, precipiates civil war.
Bradwell V. Illinois (1873) Applied to state bar admissions to become a lawyer. Denied women right to bar exam. “The paramount destiny and mission of women are to fulfill the noble and benign offices of wife and mother”.
Minor V. Happersett (1875) Virginia Minor, 21, wanted to vote in 1872 presidential election. (Missouri)
Plessy V. Ferguson (1896) Separate but equal is the law of the land. Racial segregation is legal (until 1954)
Buck V. Bell (1927) Virginia law mandating sterilization of mentally impaired individuals. Social improvement through government intervention – Eugenics or selective reproduction!
Korematsu V. U.S. (1944) Japanese Americans forced into “internment camps” after Japan attacked Pearl Harbor. 1980 overturned, U.S. pays each 40,000 dollars.
Interpretation of Constitution * Look primarily to the intent of the founders when you interpret the words of the constitution.
Interpretation of Constitution * The Constitution is a “living” document. One that is shaped by history and current social and political issues.
Cases to be examined Citizens United V. Federal Election comm. Safford Unified School Dist.V Redding. Burwell V. Hobby Lobby Harris V. Quinn Schuette V. BAMN ABC V. Aereo McCullen V. Coakley Florida V. Harris (Jardines) Riley V. California
Supreme Court Cases Beth El V. Fraser ISD No.92 V. Earls Texas V. Johnson Elonis V. U.S.