Download
1 / 15
150 likes | 277 Views
Legal Analysis & Justices on the Supreme Court. Class Slides from 1/29/09 POL 327, Con Law: Equality & Free Expression. Process for dealing with precedent cases:. Identify appropriate precedent case Identify the legal principle/holding of the case
E N D
Legal Analysis&Justices on the Supreme Court Class Slides from 1/29/09 POL 327, Con Law: Equality & Free Expression
Process for dealing with precedent cases: • Identify appropriate precedent case • Identify the legal principle/holding of the case • Apply the principle to the facts of the case at hand.
Difficulties in Using Stare Decisis • Difficulties of determining what the precedent actually was. • Distinction between: • ratio decidendia decision on the legal issues raised in that specific case • obiter dictum comments the judge makes that are not necessary to the resolution of the issues of the case and are in effect a discussion of a hypothetical situation. • Determining how “broad” the ruling should be. • In Miranda v. Arizona, S.Ct. ruled that police had to warn Miranda of his rights, but should it apply to all forms of questioning or just “custodial” questioning? Should it apply to school teachers or be limited to sworn police officers?
Application of Precedent in Plessy • Court cites Roberts v. City of Boston upholding racial segregation in public schools and • Court distinguishes Strauder v. W. Virginia involving laws prohibiting blacks from serving on juries.
Application of Precedent Cases in Brown v. Bd. of Ed. • Opinion in Brown cites one case upholding racial segregation • Plessy v. Ferguson (1896) held that it was not a violation of equal protection clause for state to segregate on the basis of race with respect to riding on railway cars. • And two cases striking down racial segregation. • Sweatt v. Painter (1950) ruled that separate law school for Blacks was not equal to U of Texas, whites only, law school. • McLaurin v. Oklahoma State Regents (1950) ruled that Black student admitted to graduate student had to be able to stay in the same dorms, eat in the same cafeterias, etc. with the white students.
Application of Precedent Cases in Brown v. Bd. of Ed. • Although Plessy v. Ferguson (1896) upheld segregation, • it is more than 50 years old and • involved railway cars rather than schools. • Sweatt v. Painter (1950) and McLaurin v. Oklahoma State Regents (1950) which ruled that racial segregation violated the equal protection clause were • very recent cases and • dealt with segregation in schools. • Both cases considered the importance of intangible factors such as reputation and interaction with other students.
Labeling Judges with respect to:Regulation of Business CONSERVATIVE JUDGES Favor management over labor Frequently reject government regulations of business activities LIBERAL JUDGES Generally support government regulations of business activities Favor labor over management
Labeling Judges with respect to:Criminal Law and Procedure CONSERVATIVE JUDGES Support death penalty and mandated sentences Support giving more discretionary powers to police in search and seizure, interrogations, etc........ More willing to sacrifice individual rights for public safety and security LIBERAL JUDGES Opposed the death penalty and mandated sentences Require close review of police discretion in search and seizure, interrogations, etc........ Less willing to sacrifice individual rights for public safety and security
Labeling Judges with respect to:Equal Protection and Discrimination CONSERVATIVE JUDGES Favor white males over women and minorities Limit the power of courts to require remedial action. LIBERAL JUDGES Favor women and minorities over white males Support giving courts broad remedial powers.
Labeling Judges with respect to:First Amendment Issues CONSERVATIVE JUDGES Support standards that make it easier for government to limit free speech that is critical of Gov.. policies, or uses offensive words or symbols. Support various forms of government assistance for religion. LIBERAL JUDGES Support standards that make it more difficult for government to limit free speech that is critical of Gov.. policies, or uses offensive words or symbols. Seek to enforce strong separation between church and state.
Labeling Judges with respect to:Personal Privacy Issues CONSERVATIVE JUDGES Reject a existence of a constitutional right for a woman to have an abortion and support government limitations on abortion. Support government regulations on sexual activities between consenting adults. Reject the existence of a constitutional “right to die” and support government prohibitions against all forms of euthanasia. LIBERAL JUDGES Recognize a constitutional right for a woman to have an abortion and oppose government limitations on abortion. Oppose government regulations on sexual activities between consenting adults. Recognize a constitutional right to die and oppose government prohibitions against voluntary euthanasia.
Labeling Judges with respect to:Judicial Roles JUDICIAL SELF-RESTRAINT Courts should defer to majoritarian political branches on questions of interpretation. JUDICIAL ACTIVISM Courts should protect minorities from the tyranny of the majority, and provide check and balance to political branches.
