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The Beautiful 14th 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.
The 14th was written to include the newly freed slaves as citizens of the US • It has also been interpreted to mean corporations as well so they have “due process.” • “Due Process” is continually interpreted. • “Citizens” is also a much used term. • people of color, sex, race, age • now sexual orientation?
“Massive” Decisions • Plessy v Ferguson 1896—Separate doesn’t mean less so is OK. (back of the bus, separate bathrooms, doors, water fountains, schools.) • Yeah, right!!!! • I got land in Arizona for you…. • Brown v. Board of Education 1954—Broke down the last barrier to integration of school. Court ruled that “SEPARATE IS NOT EQUAL.” Judicial Restraint? Judicial Activism?
The rights of same sex couples before the Court 2013! • Case 1: • Uphold/overturn California’s Proposition 8 which bans marriage between same sex couples • Case 2 • Uphold/overturn the Defense of Marriage Act (DOMA), which denies federal benefits to legally married same-sex couples. Remanded—5-4 No legal standing. Allows same sex marriages to resume. (6-26-2013) Overturned—5-4. Fed Gov has no right to arbitrarily deny rights already est. in the states (5th amend) (6-26-2013)
Utah has now asked for the Court to stop same sex marriages. • Courts says ok (Constitution, 5th Amendment, ) • People say they are an affront to their beliefs (Constitution 10th Amendment) • Utah wants them halted until it is straightened out. • Supreme Court says ok….
There’s another section… The argument over the 14th Amendment and the fiscal cliff –the problem with Congress and the President not being able to agree on a budget so we have to borrow more money instead of stop spending money--- goes like this: Section IV says that “…if the government authorizes a public debt—it will not be questioned…” Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
This is what Obama Says… • “This administration does not believe that the 14th Amendment gives the president the power to ignore the debt ceiling–period,” Carney (Obama spokesman)said. • But that doesn’t mean other key Democrats agree with the president….
So can Mr. Obama… • Just keep borrowing money to pay for things (raise the “debt ceiling.”) • The Budget is actually Congress’ job and they authorized it… • Can Congress impeach him if he does/doesn’t? • Would they? • Stay tuned….. • It’s happening up now!
Affirmative Action • After Brown v. Board of Education—separate IS NOT equal--a new age of civil rights (those given to us by the Bill of Rights) began. • In 1964, a Civil Rights Act was passed banning discrimination. • It has been the basis of many laws.
Affirmative Action • Part of the feeling of the courts at this time was to try and balance the ills of racial discrimination that had existed for years (centuries) • Quotas were established—a percentage of all openings in schools or businesses would go to minorities. • By 1978, questions arose on “reverse discrimination”—if preferential treatment was given to one minority, didn’t that violate the rights of the “majority.”
Regents of U. of California v Bakke • Allan Bakke refused admission to med school even though he was (on paper) more qualified than the minority applicants. • 5-4—Yes, Affirmative Action IS (reverse) discrimination • BUT affirmative action can be used as long as there are no rigid quotas or it can be used in programs to END racial injustice (United Steel Workers v Weber 1979)
The Death Penalty • Always a debate. (cruel and unusual, up to the states, wrong in how it’s done, shouldn’t be done, should be done, etc…)
Furman v Georgia • Man breaks into house, is caught in the act. Runs, drops gun. It discharges killing the homeowner. • Even though it was an “accident” it was done in the act of a robbery thus qualifying it for the death penalty. • NOT FAIR!!!!!!!!!!!!!!!!!!!!!!!!!!!!! (racial, random use of law, no real rules when dealing with death penalty)(Furman was black, poor, uneducated and mentally challenged)
Yep—5-4 Georgia Law Unconstitutional. Majority Opinion (Wm. O. Douglas) Each Justice wrote either a Concurrence or Dissent—that’s how strongly each felt about the case. Chief Justice Warren E. Burger said if the public did not like the death penalty or thought it was being used unfairly, they could rewrite the law or get rid of it altogether. In Dissent “…the death penalty was unfair if it was applied unevenly to minorities, outcasts, and unpopular groups. Douglas decided the death penalty in the United States is "unusual" under the Eighth Amendment if it discriminates against a defendant because of his "race, religion, wealth, social position, or class."
Furman v Georgia did not get rid of the death penalty • It required that states better define their laws. • Most have a two stage trial for those death penalty cases • One—the guilt or innocence of the accused • Two—Upon guilt, the sentence—including the death penalty—is determined. • This has been ruled constitutional.
In 2013 • By State • Texas: 17 • Florida: 7 • Oklahoma: 5 • Ohio: 3 • Arizona: 2 • Missouri: 2 • Alabama: 1 • Virginia: 1 • 2013 38 people put to death (45% in Tx.) All but one were men. • All but one were put to death by lethal injection. One, in Virginia, chose electrocution. • Lethal injection has two phases. • The first paralysis the inmate. • The second stops the heart.
Roe v. Wade 1973 • A woman’s right to privacy • Leading to her right to abortion.
