are progressive and needed to correct past errors oThe 10thamendment: powers not specifically said in federal documents should be up to the states. Conservatives say that everything not mentioned is indeed up to the states; liberals say it is not ideal that the founders were supposed to know all the laws we need now ●Balance of power is very important 2.Judicial Review ●The authority the SC has to review any law to determine whether a law is constitutional ●law against burning American Flag during protest: odallas man burns flag in protest oarrested in texas otook case to supreme court oruled that it violates free speech to make burning the flag an illegal crime ●If you don’t like the supreme courts decision…1.wait until there is an unbalance of power 2.amend the constitution a.2/3 of House on board b.2/3 of Senate on board too c.3/4 of the States (38 out of 50) 3.FDR’s court packing plan a.He was trying to fix the economy (great depression) so implemented many programs but the SC at the time had a 6:3 conservative control and made it very difficult to make anything happen b.1937- a certain fireside radio chat he announced the Court Packing plan; “very concerned about aging SC justices”; “concerned about workload”; suggests that an associate junior justice should be appointed for each justice over 70 (constitution does not specify how many there are supposed to be) c.Basically threatens to flood the court with liberal associates d.Two of the conservative justices flipped their vote and FDR got some of his plans implemented e.By the end of FDR’s terms, 8 of the 9 justices were liberal 3. Burton Case- Burton v. Willington 1961 ●Racism case- would not serve black man in a restaurant ●Burton could only build his case off the constitutional law of equal protection since there was not much discrimination law at this time; but the restaurant
was a private entity so his lawyers weren’t confident ●When do constitutional rights apply in the first place? 1.If the government does something to you you’ll have a pretty good case; If someone or something does something unconstitutional, it is much more likely- “the constitution was created to protect people from the government, not other people” 2.State action doctrine; if it applies you might have case. If you have money or benefit going directly from the government to a private entity. The restaurant owner was being given a lot of freebies from the government so it applied to burtons case 4. Due Process ●You have been treated wrongfully by the government ●Two types: two bc of lots of old laws have been interpreted many different ways 1.Procedural a.When the gov’t is going to take away life, liberty or property then they must abide by procedural DP 2.Substitutive a.A more vague constitutional right, the notion that you can challenge the substance of any government action on fairness ground b.The substance of this law is so fundamentally unfair that it cannot possibly go along with the 5th
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Supreme Court of the United States, Appellate court