Board of Education where the decision states that segregation in public school

Board of education where the decision states that

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Board of Education” where the decision states that segregation in public school is not allowed → “will desegregate with deliberate speed” however, no set time frame Civil rights movement expect us to obey the Brown decision. Raises a question: why obey the Brown decision but urge people to disobey segregation laws established in Birmingham? Answer : “an unjust law is no law” King raises the question why should they wait until after the election of Bull Connor? Wanted him defeated and thus direction action COULDN’T be delayed Difference between just and unjust laws : Theological distinction: Positive law (man-made law) Just law: consistent with natural law → a known law Unjust law: inconsistent with natural law Psychological distinction: Just law: uplifts human personality Unjust law : degrades human personality Equality distinction (equal treatment) Sameness made legal: just law is one the majority places on the minority but it is equally binding on both Difference made legal: majority inflicts on minority but doesn’t apply to the majority Law-making distinction Just law: law making available to those bound by the law Unjust law: no opportunity (denial of opportunity) to make law Equal application/enforcement of laws Just law: equal application Facial validity: neutral
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Unjust law: unequal application Neutral but when applied is discriminatory i.e. : the parade permit was neutral because everyone had to apply but some things are not applied equally 11. Explain how the separation of powers doctrine limits the authority of the different branches of government. What is the connection, if any, between the separation of powers and “checks and balances”? Provide three examples of how these doctrines apply to issues of judicial independence. Federalist Paper #51 : separation of power + checks and balances checks and balances — rules for coordination between the branches to get things done separation of powers — what each branch can do and cannot do how the Constitution protects the independence of the judiciary? separation of powers Congress determines how many justices serve on the Supreme Court The President nominates judges and the Senate confirms the nominations The Constitution limits the power among different entities → any branch of government CANNOT act unilaterally life tenure removal by impeachment Impeached by the Senate no reduction in salary Federalist Paper #78: the powers of the Supreme Court in the Constitution Article III, Section 1: The Constitution creates ONE federal court Congress creates other lower level courts but doesn’t specify how many Guarantees of the judiciary: Life tenure → judge is appointed for life Guaranteed salary → While a judge is in office, their salary can’t be decreased This is so judges can be impartial Article III, Section 2: jurisdiction of the court Original jurisdiction
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  • Spring '11
  • Andersen

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