Problem for his first 5 years was that there was a conservative supreme court that blocked almost all his programs, someone who would lose money from that program would sue and say the federal government cant create that law and conservatives would agree with plaintiff and say its up to states to decide that (10 th Amendment) Went on radio and gave a fireside chat and told public that he is concerned about aging supreme court justices so he proposed congress to create associate junior supreme court justices and they would get a vote Message was that conservatives were making him mad and if they don’t back up then the most liberal people in America will be junior justices Constitution doesn’t say how many supreme court justices there should be 2 conservatives took liberal point of view for the next cases that went to supreme court After radio address every conservative left, and FDR got to replace all 6 of them the normal way By the end of his office 8 out of the 9 were liberal and he kept 1 conservative From 40’s-70’s there was a consistent liberal balance on supreme court
Presidents target small to midsize states because of the 10-20 electoral votes, makes small states matter more If it was vote by person then presidents would focus on bigger states Due Process—5 th amendment (2 parts) You will not be deprived of life, liberty, or property Procedural due process rights Before you are deprived the government has to follow procedures The smaller the thing is taken away the less procedures If he is going be suspended from school warning, hearing Going to jail for murder jury, lawyer, witness, appeal Large crime many procedures delay until verdict Substantive due process rights You can attack the substance or content of anything the government does (law passed, content of any action) on the grounds its fundamentally unfair Must be minimally reasonable Punishment damages If you win a lawsuit you can almost always collect regular damages (money to be paid back) Sometimes there is an intentional wrongdoing in a lawsuit and juries can reward extra rewards in form of punishment damages Pay a whole lot more money to discourage this action in the future Most of the money owed can be in punishment damages BMW vs. Gore (1996) Gore bought BMW, had it for a while, and went to mechanic Mechanic saw water damage to car which couldn’t be possible
Sued BMW because they sold him a previously submerged car without telling him They had done this to a few people and knew about the damage
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- Spring '08