The Burger Court 1969-1986 Membership, 1969 & 1986 Burger (1969) R-MN Black (1937) D-AL Douglas (1939) D-WA Harlan (1955) R-NY Brennan (1956) D-NJ.

Slides:

Advertisements

Similar presentations

The Judiciary. Is the Judiciary a political branch of the government? Should it be? What are the dangers of an unelected, activist judiciary? What are.

Advertisements

Equal Protection of the Law.

Entrance Procedures  Turn in homework to the box  Be in your seat with a sheet of paper, ready to begin the Do Now  Turn in homework to the box  Be.

Class 11: The Fourteenth Amendment

I. Proliferation of Government Regulation. II. State Regulation A. State power 1. To regulate intrastate commerce 2. limited by the federal gov'ts power.

14 th amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.

What does it really do?. What does the 14 th Amendment do? What important legal principals are found within the 14 th Amendment? When Was the 14 th Amendment.

CIVIL RIGHTS & PUBLIC POLICY. CIVIL RIGHTS Policies designed to protect people against arbitrary or discriminatory treatment by government officials or.

Date: April 8, 2013 Topic: Civil Liberties and The Incorporation Doctrine. Aim: How has the incorporation doctrine extend civil liberties to the states?

Constitutional Law for Business and Online Commerce.

COMPARATIVE CONSTITUTIONAL LAW Class 7 – September CANADA: Limitations on Rights and Proportionality.

As an American citizen, what is your most important right? Why?

Copyright © 2006 by Pearson Prentice-Hall. All rights reserved Slides developed by Les Wiletzky PowerPoint Slides to Accompany ESSENTIALS OF BUSINESS AND.

The 14 th Amendment and Incorporation. 1-What lies at the heart of the American political system? §The belief in human rights.

Bill of Rights First order of business for new government Compromise between Federalists and Anti- Federalists James Madison author Received hundreds of.

American Government Fall 2007 Civil Liberties. Freedoms from arbitrary government interference Found in Bill of Rights (first 10 amendments) –Speech –Press.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall. 5-1 Chapter 2 Constitutional Law for Business and E-Commerce.

CITIZENSHIP UNIT ONE: DAY ONE. LEARNING TARGETS FOR UNIT ONE I can: describe duties of citizenship describe responsibilities of citizenship compare and.

Objective 1. Bellringer  What does it mean to be an American? What kind of rights do you receive as an American?

Equality of Results vs Equality of Opportunity Andrew Adair x Michael Dotson.

Mr. Homburg American Studies

Citizenship Natural rights do not depend on citizenship Important legal rights do come with citizenship Citizenship = determines nationality and defines.

Unit 3 Reconstruction Essential Questions What laws changed in America after the Civil War and why? How did the Reconstruction of the South.

Plessy V. Ferguson 1892 Homer Plessy 1/8 black, looked white Under state law he is black Bought train ticket and tried to sit in white section Arrested.

“A Bill of Rights is what the people are entitled to against every government on earth, general or particular, and what not just government should refuse,

Constitutional Law Spring 2008 Class 26: Dormant Commerce Clause II.

The Paralegal Professional PA101.  the power to govern is shared by one central or federal government and the 50 state governments.

Unit 4 Lesson 3: Reconstruction.  Created to help freed slaves and poor whites after the Civil War  Morehouse College.

Civil Liberties Personal rights & freedoms that cannot be abridged Limits governments power to restrain or dictate how we act Conflict occurs when individuals.

 Government, including states, cannot unreasonably discriminate against individuals; the government must treat people equally.

SOURCES OF LAW AND THE COURTS A NATION OF LAWS EDUCATIONAL GOVERNANCE.

CONSTITUTIONAL LAW SPRING 2008 PROF. FISCHER Class 25 The Dormant Commerce Clause Part I.

CONSTITUTIONAL LAW PROF. FISCHER Class 14: Feb 8, 2008 Congressional Power under the XIII and XIV Reconstruction Amendments.

Civil Liberties & Rights

NOTES 2 & TEST REVIEW CIVIL RIGHTS AND LIBERTIES.

Commerce Power Champion v. Ames (1903) Shreveport Rate Case (1914) Hammer v. Dagenhart (1918) Stafford v. Wallace (1922) NLRB v. Jones & Laughlin Steel.

1 ST Amendment Power Point Slides AP Government – Spring 2012.

13 th, 14 th, and 15 th Amendments SICK CATS VOMIT S=Slavery 13 th C=Citizenship 14 th V=Voting 15 th 13 LETTERS IN THE PHRASE.

Analyzing Constitutional law Issues -There must be government action that violates the Constitution. -Private citizens may commit crimes or torts but.

Are Immigrants Covered By The U.S. Constitution?

Incorporating the Bill of Rights

Learning Target: Today we will analyze the significance the 13th, 14th, 15th amendments had on the United States. Do Now: What is an amendment? Answer.

The Civil War Amendments

Civil Rights: Overview

Due Process: Due process is a judicial constitutional guarantee that no judgment can be made without a just legal proceeding. The Constitution guarantees.

SOME OF YOUR READING QUESTIONS

Constitutional Law for Business and E-Commerce

California Content Standard

Equal Protection & the 14th Amendment

C H A P T E R 7 Constitutional Law Chapter ??

Chapter 4 Constitutional Law for Business and E-Commerce

Supreme Court Nomination process

What does it mean to be a citizen of a country?

Equal Protection and Civil Rights

Equal Protection Clause

Lecture 36 Unit IV Introduction

Lecture 45 Discrimination IX

What does it mean to be a citizen of a country?

Civil Rights: Overview

The Bill of Rights and Civil Liberties

Due process of law Against arbitrary denial of life, liberty (emprisonment), property outside the sanction of law (ie if it is not decided by a court after.

Supreme Court – Scrutiny Tests

The 14th Amendment How the Supreme Court and Congress Have

Content Specialist, Florida Joint Center for Citizenship

Unit One: Day One Citizenship.

The 14th Amendment and Incorporation

Amendment 14 Citizenship Rights

Warm-Up How does this apply to cases of criminal law?

What we have covered so far

Presentation transcript:

The Burger Court

Membership, 1969 & 1986 Burger (1969) R-MN Black (1937) D-AL Douglas (1939) D-WA Harlan (1955) R-NY Brennan (1956) D-NJ Stewart (1958) R-OH White (1962) D-CO Fortas (1965) D-TN Marshall (1967) D-NY Burger (1969) R-MN Powell (1972) R-VA Stevens (1976) R-IL Rehnquist (1972) R-AZ Brennan (1956) D-NJ O’Connor (1982) R-AZ White (1962) D-CO Blackmun (1970) R-MN Marshall (1967) D-NY

Generalizations A preference for government over the individual? A preference for executive over legislative power? An enhanced concern for property rights? A diminished concern for political rights?

14th Amendment, ¶§ 1 [1868] 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.

Key Burger Court Cases Gravel v. United States (1972) Doe v. McMillan (1973) United States v. Nixon (1974) City of New Orleans v. Dukes (1976) City of Philadelphia v. New Jersey (1978) Penn Central Transportation Co. v. City of New York (1978) Goldwater v. Carter (1979) Hutchinson v. Proxmire (1979) Kassel v. Consolidated Freightways Corp. (1981) Minnesota v. Clover Leaf Creamery Co. (1981) Nixon v. Fitzgerald (1982) City of Los Angeles v. Lyons (1983) Immigration & Naturalization Service v. Chadha (1983) Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commission (1983) Allen v. Wright (1984) Bowsher v. Synar (1986)

Equal Protection Tests Rational Basis – applicable to most governmental classification, including economic. The burden of proof is on the challenging party to demonstrate that the government could have no rational basis for its discrimination–that it is arbitrary, capricious, and patently discriminatory. Strict Scrutiny – applicable to suspect classifications, like race. [See Korematsu] The burden of proof is on the government to demonstrate that its regulation is essential to a compelling governmental interest. As a practical matter, the burden is never met. Scalia has said the only circumstances he could imagine would be a race riot in a prison, where government might find it necessary on a temporary basis to separate inmates by race. Intermediate Scrutiny – applicable to semi-suspect classifications, like sex. Here the burden of proof is on the government to demonstrate that its regulation is substantially related to an important governmental interest, but “separate, but equal” is permissible.

Preferred Freedoms All constitutional rights are not equal. Rights of speech, press, association, and assembly are so fundamental to democratic processes that any legislation infringing them must be accorded strict scrutiny [judicial activism]. Preference for the individual over the government when government action intrudes on fundamental rights. Particular solicitude toward (a) individual political rights, (b) the processes of democratic government, or (c) the well-being of persistent minorities. Fundamental rights don't include the economic rights, which were the darlings of the Lochner Court.