Supreme court

About: Supreme court is a research topic. Over the lifetime, 41858 publications have been published within this topic receiving 306787 citations. The topic is also known as: court of last resort & highest court of appeal.

Vote Fraud in the Eye of the Beholder: The Role of Public Opinion in the Challenge to Voter Identification Requirements

Abstract: I. THE FAMILIAR PLACE OF PERCEPTIONS IN THE DEBATE OVER ELECTION FRAUD 1740 II. SURVEY METHODOLOGY 1742 III. BELIEFS IN THE FREQUENCY OF VOTER FRAUD, VOTER IMPERSONATION, AND VOTE THEFT 1744 IV. PERCEPTIONS OF FRAUD AND THE LIKELIHOOD OF VOTING 1750 V. VOTER IDENTIFICATION AND FEARS OF FRAUD 1754 VI. CONCLUSIONS 1758 APPENDICES 1761 APPENDIX A 1761 APPENDIX B 1765 APPENDIX C 1768 APPENDIX D 1770 APPENDIX E 1772 APPENDIX F 1773 The current debate over the constitutionality of laws mandating photo identification for voters presents a series of largely unanswered, and in some respects, unanswerable, empirical questions. For the most part, the parties to the litigation culminating in the case currently before the Supreme Court, Crawford v. Marion County Elections Board, (2) have speculated about the number of illegal votes cast and the number of legal voters who would be prevented from voting were voting conditioned on the production of a driver's license or some other form of state-issued voter identification. When critics of voter ID requirements point to the lack of prosecutions or reported incidences of voter impersonation fraud, defenders of such laws reply, in part, that successful fraud goes undetected. When defenders of voter ID argue that such laws lead to very few people being turned away from the polls or having their votes go uncounted, critics respond that even a violation of the voting rights of a few is constitutionally impermissible, and that precious little data exist to assess the impact of such laws on the currently voting population or the deterrent effect it might have on future voters. With the scarcity of empirical findings to settle some of the factual issues central to this debate, (3) there is great risk that the Court will resign itself--as it hinted it might in Purcell v. Gonzalez, (4) quo-ted above--to its intuition that "fear" of election fraud "drives honest citizens out of the democratic process." This intuition, however, presents a testable empirical proposition, which this Essay attempts to evaluate based on new survey data that assess the popular perception of election fraud and the likelihood that such beliefs lead to voter disengagement. We begin this Essay in Part I by situating the argument about fears of fraud within the debate over voter identification requirements and election law more generally. The argument follows a path familiar to campaign finance law, in which the Court elided difficult questions about the empirics of campaign contributions and corruption by relying on the prevention of the appearance of corruption as a state interest sufficient to justify restrictions on campaign contributions and expenditures. (5) Part II describes the unique national survey we conducted to assess how widespread popular fear of two different types of election fraud is, and the relationship between such fear and the likelihood of people turning out to vote. Part III discusses our findings about the prevalence of perceptions of vote fraud and how those perceptions vary among political, racial, and other demographic subgroups. In Part IV, we present findings suggesting that such fears of fraud, while held by a sizable share of the population, do not have any relationship to a respondent's likelihood of intending to vote or turning out to vote. …

Constitutional Law for a Changing America: Rights, Liberties, and Justice

Abstract: Part I: The Supreme Court and the Constitution The Living Constitution The Road to the Bill of Rights The Amendment Process The Supreme Court and the Amendment Process Chapter 1: Understanding the U.S. Supreme Court Processing Supreme Court Cases Supreme Court Decision Making: Legalism Supreme Court Decision Making: Realism Conducting Research on the Supreme Court Annotated Readings Chapter 2: The Judiciary: Institutional Powers and Constraints Judicial Review Marbury v. Madison (1803) Constraints on Judicial Power Ex parte McCardle (1869) Annotated Readings Chapter 3: Incorporation of the Bill of Rights Must States Abide by the Bill of Rights? Initial Responses Barron v. Baltimore (1833) Incorporation through the Fourteenth Amendment: Early Interpretations Hurtado v. California (1884) A Standard Emerges Palko v. Connecticut (1937) Incorporation in the Aftermath of Palko Duncan v. Louisiana (1968) Annotated Readings Part II: Civil Liberties Approaching Civil Liberties Chapter 4: Religion: Exercise and Establishment Defining Religion Free Exercise of Religion Cantwell v. Connecticut (1940) Sherbert v. Verner (1963) Wisconsin v. Yoder (1972) Employment Division, Department of Human Resources of Oregon v. Smith (1990) City of Boerne v. Flores (1997) Religious Establishment Everson v. Board of Education (1947) School District of Abington Township v. Schempp Murray v. Curlett (1963) Lemon v. Kurtzman Earley v. DiCenso (1971) Zelman v. Simmons-Harris (2002) Edwards v. Aguillard (1987) Town of Greece v. Galloway (2014) Van Orden v. Perry (2005) Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (2012) Annotated Readings Chapter 5: Freedom of Speech, Assembly, and Association The Development of Legal Standards: The Emergence of Law in Times of Crisis Schenck v. United States (1919) Abrams v. United States (1919) Gitlow v. New York (1925) Dennis v. United States (1951) Brandenburg v. Ohio (1969) Contemporary Tests and Constitutional Guidelines Content and Contexts United States v. O'Brien (1968) Texas v. Johnson (1989) Chaplinsky v. New Hampshire (1942) Cohen v. California (1971) McCullen et al. v. Coakley, Attorney General of Massachusetts et al. (2014) Snyder v. Phelps (2011) United States v. Alvarez (2012) Tinker v. Des Moines Independent Community School District (1969) Morse v. Frederick (2007) West Virginia State Board of Education v. Barnette (1943) Rumsfeld v. Forum for Academic and Institutional Rights, Inc. (2006) Bates v. State Bar of Arizona (1977) Central Hudson Gas and Electric Corporation v. Public Service Commission of New York (1980) Boy Scouts of America v. Dale (2000) Annotated Readings Chapter 6: Freedom of the Press Prior Restraint Near v. Minnesota (1931) New York Times v. United States (1971) Hazelwood School District v. Kuhlmeier (1988) Government Control of Press Content News Gathering and Special Rights Branzburg v. Hayes (1972) Annotated Readings Chapter 7: The Boundaries of Free Expression: Libel, Obscenity, and Emerging Areas of Government Regulation Libel New York Times v. Sullivan (1964) Hustler Magazine v. Falwell (1988) Obscenity Roth v. United States (1957) Miller v. California (1973) New York v. Ferber (1982) Cruelty and Violence Brown v. Entertainment Merchants Association (2011) Annotated Readings Chapter 8: The First Amendment and the Internet Shielding Children from Access to Sexually Explicit Material Reno v. American Civil Liberties Union (1997) Prohibiting Child Pornography United States v. Williams (2008) Emerging Issues Annotated Readings Chapter 9: The Right to Keep and Bear Arms Initial Interpretations The Second Amendment Revisited District of Columbia v. Heller (2008) Heller and the States Annotated Readings Chapter 10: The Right to Privacy The Right to Privacy: Foundations Griswold v. Connecticut (1965) Reproductive Freedom and the Right to Privacy: Abortion Roe v. Wade (1973) Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) Private Activities and the Application of Griswold Lawrence v. Texas (2003) Same-Sex Marriage Obergefell v. Hodges (2015) Cruzan v. Director, Missouri Department of Health (1990) Annotated Readings Part III: The Rights of the Criminally Accused The Criminal Justice System and Constitutional Rights Overview of the Criminal Justice System Trends in Court Decision Making Chapter 11: Investigations and Evidence Searches and Seizures Katz v. United States (1967) United States v. Jones (2012) Illinois v. Gates (1983) Florida v. Jardines (2013) Safford Unified School District #1 v. Redding (2009) Terry v. Ohio (1968) Enforcing the Fourth Amendment: The Exclusionary Rule Mapp v. Ohio (1961) United States v. Leon (1984) Hudson v. Michigan (2006) The Fifth Amendment and Self-Incrimination Escobedo v. Illinois (1964) Miranda v. Arizona (1966) Missouri v. Seibert (2004) Annotated Readings Chapter 12: Attorneys, Trials, and Punishments The Right to Counsel Powell v. Alabama (1932) Gideon v. Wainwright (1963) The Pretrial Period and the Right to Bail The Sixth Amendment and Fair Trials Batson v. Kentucky (1986) Sheppard v. Maxwell (1966) Richmond Newspapers v. Virginia (1980) Trial Proceedings Final Trial Stage: An Overview of Sentencing The Eighth Amendment Gregg v. Georgia (1976) Atkins v. Virginia (2002) Posttrial Protections and the Double Jeopardy Clause Postrelease Protections Annotated Readings Part IV: Civil Rights Civil Rights and the Constitution The Fourteenth Amendment The Fifteenth Amendment Chapter 13: Discrimination Race Discrimination and the Foundations of Equal Protection Plessy v. Ferguson (1896) Sweatt v. Painter (1950) Brown v. Board of Education (I) (1954) Brown v. Board of Education (II) (1955) Swann v. Charlotte-Mecklenburg Board of Education (1971) Parents Involved in Community Schools v. Seattle School District No. 1 Meredith v. Jefferson County Board of Education (2007) Modern-Day Treatment of Equal Protection Claims Rational Basis Scrutiny Cleburne v. Cleburne Living Center (1985) Strict Scrutiny and Claims of Race Discrimination Loving v. Virginia (1967) Regents of the University of California v. Bakke (1978) Grutter v. Bollinger (2003) Heightened Scrutiny and Claims of Gender Discrimination Reed v. Reed (1971) Craig v. Boren (1976) United States v. Virginia (1996) Discrimination Based on Sexual Orientation Romer v. Evans (1996) Discrimination Based on Economic Status San Antonio Independent School District v. Rodriguez (1973) Discrimination against Aliens Plyler v. Doe (1982) State Action Requirement Shelley v. Kraemer (1948) Burton v. Wilmington Parking Authority (1961) Moose Lodge No. 107 v. Irvis (1972) Contemporary Developments in Discrimination Law Annotated Readings Chapter 14: Voting and Representation Elections and the Court Bush v. Gore (2000) Voting Rights South Carolina v. Katzenbach (1966) Shelby Country, Alabama v. Holder, Attorney General, et al. (2013) Crawford v. Marion County Election Board (2008) Regulation of Election Campaigns Citizens United v. Federal Election Commission (2010) McCutcheon, et al. v. Federal Election Commission (2014) Political Representation Reynolds v. Sims (1964) Miller v. Johnson (1995) Annotated Readings

Litigation as a Form of Pressure Group Activity

Abstract: The important place of judicial review in the American system of government and the attention demanded by litigation dealing with large issues of public law have drawn organizations into many important court cases. In Supreme Court cases, organizations have participated openly by filing briefs as "friend of the court." They have also played a less noticed role either by aiding individuals in whose name "test cases" have been brought or by providing assistance to govern ment attorneys defending a statute in which the organization has an interest. Particular attention is drawn to the activities of the American Liberty League, the National Consumers' League, and the National Association for the Advancement of Colored People. The practices of these and other organiza tions have led to controls designed to assure the integrity of the judicial process. It is contended that controls must be applied with caution lest there be interference with freedom of associa tion and with the concomitant rights of access to t...

Sui Generis and Treaty Citizenship

Abstract: This article, written from an Aboriginal perspective, explores the problematic invitation to federal citizenship in Canada for Aboriginal peoples. Its focus is on the deficits of such an offering for the constitutional rights of Aboriginal peoples, which is characterized by sui generis and treaty citizenship. Informed by Aboriginal and intercultural perspectives, the article argues that the offerings of statutory citizenship for Aboriginal peoples inverts rather than respects the constitutional relationship. It looks at how the Supreme Court of Canada has located and structured sui generis Aboriginal orders, the concepts of sui generis citizenship, treaty federalism, and constitutional supremacy as compared with the idea of federal citizenship, concluding that such 'invitations' to Canadian citizenship are inconsistent with and infringe upon the constitutional rights of Aboriginal peoples. By understanding the prismatic nature of Canadian federalism in a postcolonial context, this article aims at reconcep...