Supreme Court Decisions

About: Supreme Court Decisions is a research topic. Over the lifetime, 1804 publications have been published within this topic receiving 17066 citations.

From Normative Debates to Comparative Methodology: The Three Waves of Post-Charter Supreme Court Scholarship in Canada

Abstract: This article surveys the literature on the Supreme Court of Canada following the 1982 introduction of the Canadian Charter of Rights and Freedoms, and argues it has taken place in three distinct “waves.” The first involved tentative, prospective, and normative arguments about the impact of the Charter on national unity and Canada’s political institutions. The second was characterized by the legitimacy debate, the dialogue debate, and qualitative examination of how other political actors responded to Supreme Court decisions. By contrast, the third wave, initiated by American scholars drawing from American research, has been less normative, more comparative, and methodologically rigorous. While this comparative shift has been beneficial, the retreat from normative questions contributes to a misplaced sense that important debates are now settled. We urge scholars to engage in intellectual cross-fertilization by drawing from third-wave contributions to address normative questions about the Supreme Court’s inc...

Reconstruction and Black Suffrage: Losing the Vote in Reese and Cruikshank

Abstract: On Easter Sunday in 1873, more than one hundred black men were gunned down in Grant Parish, Louisiana, for daring to assert their right to vote. Several months earlier, in Lexington, Kentucky, another black man was denied the right to vote for simply failing to pay a poll tax. Both events typified the intense opposition to the federal guarantee of black voting rights. Both events led to landmark Supreme Court decisions. And, as Robert Goldman shows, both events have much to tell us about an America that was still deeply divided over the status of blacks during the Reconstruction era. Goldman deftly highlights the cases of United States v. Reese and United States v. Cruikshank within the context of an ongoing power struggle between state and federal authorities and the realities of being black in postwar America. Focusing especially on the so-called Reconstruction Amendments and Enforcement Acts, he argues that the decisions in Reese and Cruikshank signaled an enormous gap between guaranteed and enforced rights. The Court's decisions denied the very existence of any such guarantee and, further, conferred upon the states the right to determine who may vote and under what circumstances. In both decisions, lower court convictions were overturned through suprisingly narrow rulings, despite the larger constitutional issues involved. In Reese the Court justified its decision by voiding only two sections of the Enforcement Acts, while in Cruikshank it merely voided the original indictments as being "insufficient in law" by failing to allege that the Grant Parish murders had been explicitly motivated by racial prejudice. Such legalistic reasoning marked the grim beginning of a nearly century-long struggle to reclaim what the Fifteenth Amendment had supposedly guaranteed. As Goldman shows, the Court's decisions undermined the fledgling efforts of the newly formed justice department and made it increasingly difficult to control the racial violence, intimidation, poll taxes, and other less visible means used by white southern Democrats to "redeem" their political power. The result was a disenfranchised black society in a hostile and still segregated South. Only with the emergence of a nationwide civil rights movement and the Voting Rights Act of 1965 did things begin to change. Readable and insightful, Goldman's study offers students, scholars, and concerned citizens a strong reminder of what happens when courts refuse to enforce constitutional and legislated law - and what might happen again if we aren't vigilant in protecting the rights of all Americans.

Federal Farm Promotion ("Check-off") Programs

Abstract: The U.S. Supreme Court in 2005 affirmed the constitutionality of the so-called beef check-off program, one of the 18 generic promotion programs for agricultural products that are now active nationally. Supporters view check-offs as economically beneficial self-help activities that need minimal government involvement or taxpayer funding. Producers, handlers, and/or importers are required to pay an assessment, usually deducted from revenue at time of sale - thus the name check-off. However, some farmers contend they are being "taxed" for advertising and related activities they would not underwrite voluntarily. The Supreme Court's decision to uphold the beef check-off is considered significant for the future of the other programs, although the Court left open the possibility of additional challenges.

The Progression of “Evolving Standards of Decency” in U.S. Supreme Court Decisions

Abstract: The non-static interpretation of the Eighth Amendment was first introduced by the U.S. Supreme Court in Weemsv.United States. It was further named “evolving standards of decency,” in Tropv.Dulles. ...

The Constitution of the United States: A Primer for the People

Abstract: A masterly introduction to the United States Constitution, this slim book leads the reader through a concise overview of the document's individual articles and amendments. With clear and accessible language, Currie then examines each of the three branches of the federal government and explains the relation between the federal and state governments. He analyzes those constitutional provisions that are designed to protect citizens from governmental interference, such as the due process and equal protection clauses and the confusing first amendment provisions respecting the separation of church and state, and includes discussions of judicial review and freedom of speech and of the press. A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation. "Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution." "Appellate Practice Journal and Update""