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Complete Lecture 23 Notes

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Political Science
POLI 2327
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11/21/13 Lecture 23 • Felix frankfurter believed himself to be protector of civil liberties o Believed it was the place of the courts to be divergent to the democratic majorities  Never changed that view o Notorious for his Flag Salute Cases from the late 30s and early 40s  Involve Jehovah’s Witnesses • Law required that all students in public school salute the flag o Some JW students didn’t salute the flag and were expelled from school  Didn’t salute the flag because it was against their religion • Court upheld their expulsion from school • Frankfurter = not his place as a judge to place his own personal views in place of the legislature o State/legislature should and is in control of repealing the law, not him o West Virginia v. Barnett – court overrules this opinion  Majority opinion written by Robert Jackson • Said that the role of the court is to protect minorities against powerful majorities who violate their rights • Conservatives are condemning judicial activism o Frankfurter voted with them a lot of times but was also the voice for judicial restraint  Progressive in a liberal era • Supreme Court is a moving target and different relations of institutional power are constantly shifting • Plessy v. Ferguson o desgregation o Justice Harlan  Dissented saying that this is true despite the fact that the white race itself is the dominant race in the USA in education, wealth, power • Doesn’t doubt that it will continue that way for a long time o Firm believer in white supremacy o Others Saw it as a liberty right  Whether people are inferior, superior, they have an equal right to liberty o Famous doctrine of separate but equal  Each race is put in its own place and is equally separated • Prism of the Supreme Court’s Agenda o Agenda of supreme court switches entirely in early 20 century  After franklin Roosevelt, started taking many cases about civil liberties and civil rights • Court suddenly starts to care a lot about civil rights • What would change a court agenda in that way? o Lobbying?  Lobbying means that you’re in the halls of the congress trying to make them vote a certain way • Appointing people with new views  Civil rights was not on FDR’s agenda • Wasn’t trying to vote in pro-civil rights judges  Amicus Ciraie • Supreme court in the 19 century – would only hear argument of plaintiff and defendant o Then started to let people submit amicus briefs – people who would be affected by case but aren’t involved directly with case  Now courts see themselves as doing public policy  After WWII, nothing says that a democracy is better than communism if our population is not equal. Also, racism is too similar to what happened with Holocaust • In a war against communism o Communism is committed to equality while the United S
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