3.2.6 Practice: Overturning a Supreme Court Decision, Essays (high school) of Political studies

Download 3.2.6 Practice: Overturning a Supreme Court Decision and more Essays (high school) Political studies in PDF only on Docsity! r fp ,i 3.2.6 Practice: Overturning a Supreme Court Decision Practice U.S. Government and Politics Points Possible: 30 For this assignment, you will complete the following steps: 1. Research: On the Internet or in a library, gather information and answer questions about three Supreme Court decisions and the congressional statute, constitutional amendments, and later Supreme Court ruling that overturned each of these decisions. 2. Analyze: From the options provided, select one case that hasn't been overturned and write a short response explaining how this decision could be reversed in the future. To get the best grade possible, follow the instructions in the assignment closely and answer all of the questions completely. This assignment is worth 30 points. On the Internet or in a library, gather information about the following Supreme Court decisions that have been overturned: • Dred Scott v. Sandford, which was overturned by the Thirteenth and Fourteenth amendments • Stanford v. Kentucky, which was overturned by Roper v. Simmons • Ledbetter v. Goodyear Tire & Rubber Co., which was overturned by the Lilly Ledbetter Fair Pay Act of 2009 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) Dredd Scott was a slave in Missouri, a state where the slaves were considered their owners' property. He shifted in Illinois, another state of United States, where the law forbade slavery — in Illinois, he was considered a free man. After living in Missouri as a free man, Dredd Scott returned to his native place, Missouri, where he claimed that he should no longer be considered a slave because he already gained a free man's status while residing in Missouri. The case is interesting because, in the 1850s, different United States states have different laws regarding slavery (and on other various topics). Since the case was judged in Missouri Court, the Missouri laws applied, and Dredd Scott lost the case, being considered a slave and not a free man, as he claimed. Furthermore, Dredd Scott filed the same case to the federal court, hoping that he will receive a different reply — a federal court decision that will prove him right. Sadly, the federal court decided that Dredd Scott doesn't have the right to present his case in the United States' federal court because he was not an American citizen. More than that, the Supreme Court decision was that the Missouri Compromise (the law that uniform regarding capital punishment for a juvenile offender; hence the local law should apply. 6. The decision in Stanford v. Kentucky was overturned by the Supreme Court's ruling in Roper v. Simmons. Describe how this later ruling overturned the earlier decision. (2 points) In 2002, the Missouri Supreme Court ruled that the execution of mentally disabled teenage (Christopher Simmons was sentenced to death in 1993 when he was 17 years old, but continuously appealed the court's decision until the Supreme Court accepted his arguments) offenders is unconstitutional, violating the Eighth and Fourteenth amendment. The main argument was that most Americans found the execution of mentally disabled people to be an act of cruelty. Based on the same argument — that the American society no longer accepts the cruelty against disabled offenders, but this time applied to the juvenile that was not yet fully conscious of their crime — the Missouri Court of Justice decided to overturn Stanford's initial decision v. Kentucky case. The U.S. Supreme Court finally decided that the death penalty for juvenile offenders is unconstitutional based on the new public opinion and international laws development. 7. Briefly describe the background of Ledbetter v. Goodyear Tire & Rubber Co. (1 point) Lilly Ledbetter sued her employer, Goodyear Tire & Rubber Co., for gender discrimination (she believes that she was paid less than her colleagues because she is a woman), based on the Civil Rights Act of 1964. The lower court awarded monetary compensation to Ledbetter, but the U.S. Supreme Court overruled the court decision. Supreme Court main argument was the fact that Ledbetter waited too long for her claim (she claimed for discrimination and asked for compensation after 19 years of working for Goodyear Tire & Rubber Co., while the Civil Rights Act of 1964 stated that a complaint should be filled up in within 180 days period). 8. What decision did the Supreme Court reach in Ledbetter v. Goodyear Tire & Rubber Co.? (1 point) The Supreme Court decided that Lilly Ledbetter should not be compensated under the Civil Rights Act of 1964 because the time limit of 180 days period has passed. 9. The decision in Ledbetter v. Goodyear Tire & Rubber Co. was overturned by the Lilly Ledbetter Fair Pay Act of 2009. Describe how this congressional statute overturned the earlier decision. (2 points) Lilly Ledbetter Fair Pay Act of 2009 is an Act that amended the title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 by modifying the time limit period of 180 days to fill-up a complaint based on gender discrimination. The act was enacted by the United States Congress and was effective starting with 29th January 2009, when President Barack Obama signed it. Because time and circumstances change, judges may overturn a precedent, and Congress may overturn a law that becomes obsolete and needs renewal or adjustment to apply to the present time. The new law modifies the earlier law, meaning that the new rule applies now, including retroactive cases. 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 18 points. Select one of these cases: • Kelo v. City of New London • Massachusetts v. Environmental Protection Agency • Citizens United v. Federal Election Commission The Kelo v. City of New London case is a case judged by the Supreme Court of the United States when the land from a private owner was transferred to another private owner under the City of New London administration. Susette Kelo and other landowners sued the City of New London to the court, hoping that the court decision will stop the New London administration from taking their properties. Susette Kelo's main argument was based on the Fifth Amendment of the United States Constitution and the Fourteenth Amendment's clarifications. It is mentioned that the government could take private property from its owners for public use with proper compensation. Despite all arguments provided by Kelo and other landowners, the