Lecture Notes 2/22/16
Lecture Notes 2/22/16 POLS 341
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This 3 page Class Notes was uploaded by Abby Kienle on Sunday February 21, 2016. The Class Notes belongs to POLS 341 at California Polytechnic State University San Luis Obispo taught by Professor Denbow in Spring 2016. Since its upload, it has received 77 views. For similar materials see American Constitutional Law in Political Science at California Polytechnic State University San Luis Obispo.
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Date Created: 02/21/16
Judicial Power & Constitutional Authority: School Desegregation Background: Brown v. Board of Education (1954) o Court rules that segregation in school is unconstitutional and a violation of the Equal Protections Act o Brown II All public schools must integrate with deliberate speed Met w/ extreme resistance in the South o Deemed these null and void o Nullification: the states have the right to interpret the Constitution and declare decisions void Beginning of the Equality Liberalism Era o Southern Manifesto States accuse SC of judicial activism Calling for resistance Rights to educate children the way they see fit States established habits and custom “Constitution and the 14 amendment do not mention education” o Established State police power Plessy precedent o Eisenhower’s Address Affirming judicial review and the supremacy of the judiciary If states can always take it upon themselves to challenge the courts all our nights are in danger Recognizing Court authority Not defending Civil Rights Cooper v. Aaron o Supremacy clause o 14A and the Equal Protection Clause Asserting the right of Equal Protection of all laws -> constitutional right o Who has the authority to interpret the Constitution? The USSC Marbury v. Madison; judicial review and supremacy If the states are allowed supremacy, the constitution itself means nothing Nullification not allowed Other Cases Involving State Resistance o Worcester v. Georgia Deals with state policy, executive and state resistance to a Supreme Court decision Jackson refused to enforce the court’s ruling o Ex Parte Merryman Lincoln’s refusal to listen to the Court’s decision that stated that his suspension of habeus corpus was unconstitutional Powers of the National Government: Enforcing Civil Rights o 1963, Kennedy introduces Civil Rights Act 1964 Congress passes Civil Rights Act under Johnson Title II: prohibits discrimination in places of public accommodation o In 1883 Civil Rights Cases, State Action Doctrine interpretation of 14A (Congress cant prohibit private actions o In 1964 cases, Congress sites the Interstate Commerce Clause and the 14A o Heart of Atlanta Motel vs. United States (1964) Heart of Atlanta refuses to rent rooms to blacks and argues that the CRA 1964 is unconstitutional for infringing on private ownership rights The Court focuses on the ICC o Does Congress have the authority to implement integration in public accommodations through ICC? No Heart of Atlanta Ctd. Does Congress have the power to pass Title II? Yes. o Under the interstate commerce clause Court distinguishes to the Title II from the Civil Rights Act of 1875 This means that the civil rights cases of 1883 aren’t controlling here o Court limits the scope on their decision by deeming that Congress has this right under ICC & not giving any further explanation for the decision o How does Congress have this power under ICC? Court cites Gibbens v Ogden and says that transportation must be a part ICC Key questions: Does the commerce of traffic and transportation include more than one state? o Important traffic of persons from other states Is there a real and substantial relation to national interest? (rationality review) o Moral national interest This is an important case decision as it is the beginning of Congress using the Interstate Commerce Clause to achieve goals that are not related to the economy Expansion of congressional power under the ICC