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01:790:104 (22)

Strangers on a Hill

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Rutgers University
Political Science
Anna Mahoney

William Rehnquist • 16 Chief Justice of the Supreme Court • Died in office in 9/3/2005 • Considered conservative • Specifically known for favoring state power Ties in the Court • Go to the previous ruling Baker’s Strangers on a Hill • Tensions exist between Congress and the Courts on moral issues due o Constitutional differences o Because of separation of powers and checks and balances o Role differences between judge and member of Congress • How have Congress and the Court dealt with freedom of religion? o Supreme Court judges have the job for life and Congressmen have to be reelected so that influences how they behave o Congress has the obligation to defend the people o Judges can protect minority rights while Congress will go for the majority so they can be reelected • FirstAmendment o “Congress shall make no law repsecting an establishment of religion, or prohibiting the free exercise thereof” • Marbury v. Madison 1803 o Established judicial review- because it is not in the Constitution! o Marshall: If I decide my party on the way the federalists want me to decide it I’ll be humiliated because executive branch will never carry out this decision. To preserve o William Marbury was appointed Justice of Peace byAdams midnight appointment. Appointment was not delivered. Jefferson, anti-federalist became president and ordered that Madison not deliver the confirmations. Marbury sued, based on JudiciaryAct of 1789. Marshall, a Federalist, ruled against Marbury, saying the Congressional statute was unconstitutional o 160 cases • Humiliating judicial hearings in Senate • Accusations of judges legislating o Accusation that they’re overstepping their bounds, making laws instead of interpreting them • Congress changing size of court • Congress decide on Court arises • Congress passing legislation to contradict court ruling What should you know about the cases? • Who are each of the parties? What do they want? • What does the Court decide? • Why does it decide that way? • What are the practical consequences of the decision? • LOOK OVER SIERRACLUB CASE Chapter 2 • Reynolds v. US (1878) o Religious observation is not an excuse for violating the law (MorrillAct) o Distinguishes between thought and action o Practicing polygamist, says it’s for his religion, US does not want him to do that so passes the MorrillAct. Reynolds says that it is a violation of 1 amendment. o 1 amendment protects the right to believe in whatever you want, but not act in whatever way you want • Cantwell v. Connecticut (1940) o Bureaucrats determining legitimate religious solicitations violated the First and Fourteenth Amendments o Selectively incorporated the 1 Amendment to the states o Affirmed again the absolute freedom of thought but the ability of the state to regulate action o Connecticut wants to regulate solicitor  Everyone who is a solicitor needs a permit o Cantwell is a Jehovah’s Witness and says that Catholics are bad people in a Catholic neighborhood, charged for disturbing the peace o Cantwell says that he should be able to go door to door without a permit o Cantwell won • Sherbert v. Verner o Denial of unemployment benefits restricts her free exercise of religion o Undercut distinction between belief and action laid down in Reynolds o Moved from concept of rational justification to restrict religious practice (by state) to a compelling state interest o Greatly reduces state power • Yoder v. Wisconsin (1972) th o Amish man who does not want his kids to go to school after 8 grade o FirstAmendment rights outweighed the state’s need to ensure education for childr
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