U.S. Government and Politics
Judicial Restraint and Judicial Activism
U.S. Government and Politics Points Possible: 20
For this assignment, you will complete the following steps:
To get the best grade possible, follow the instructions in the assignment closely and answer all of the questions completely. This assignment is worth 20 points.
On the Internet or in a library, gather information about the following Supreme Court decisions that have been overturned:
As you research each case, make sure you find information about the background of the case, the original court decision, and how the ruling was later changed. Use this information to respond to the following questions. This section is worth 12 points. 1. Briefly describe the background of Dred Scott v. Sandford. (1 point)
Dred Scott, a black slave who lived in the free state of Illinois and the free territory of Wisconsin appealed to the Supreme Court in an attempt to be granted his freedom before moving back to the slave state of Missouri. The controversy surrounding the case was that slaves were property, they were not citizens and held no rights to sue. While the language of the Constitution 'all men were created equal' was challenged, the case had a disappointing outcome for Dred Scott. On the positive side, the case brought slavery to the attention of the nation.
The immediate effect of the Dred Scott decision was to convince abolitionists that the South and the Supreme Court planned to impose slavery throughout the Union. With the start of the U.S. Civil War in 1861, it became clear that Roger Taney decision had failed in its essential purpose
the U.S. Supreme Court on March 6, 1857, ruled 7–2 that a slave who had resided in a free state and territory ,where slavery was prohibited was not thereby entitled to his freedom
Kevin Stanford was 17 year old when arrested for murder, sodomize, and robbery with a 20 year old codefendant. The victim was Barbel Poore who work at the gas station. Kentucky juvenile court made the conclusion based on crimes and his past criminality that decision should be upheld by the trial for adults of general jurisdiction. The Kentucky Supreme court condemned Stanford to 45 years in prison and the death penalty.
Stanford was sentenced to death and 45 years in prison.
Lilly Ledbetter started working at Goodyear tire in 1979, at first she made as much as the male workers but by the time of retirement she was making $3,727 a month male workers made $4,289 to $5,236 a month Raise were given and denied based on evaluations and recommendations on worker performance. Between 1979 and 1981 Ledbetter had a series of negative evaluations, which she later claimed were discriminatory.
This Case was decided by the U.S. Supreme Court on August 23, 2005 as an employment discrimination case. Title VII of the Civil Rights Act of 1964 states employees can’t be sued over race or gender pay discrimination if claims are based on decisions made by the employer 180 days or more.
There have been several controversial Supreme Court decisions in the past 50 years that many people believe should be overturned. Select one of the three cases listed below, and write a one- or two-paragraph response explaining how the decision in that case could be overturned. In your response, be sure to briefly describe the background of the case and which of the three ways — congressional statute, constitutional amendment, or subsequent Supreme Court ruling — you believe would be the most probable way the decision could be reversed. This section is worth 8 points.
Select one of these cases: