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| 5.18.09 - Supreme Court Wrap-Up | | Synopsis: Our final Bill of Rights in the News eLesson for the 2008-2009 school year focuses on two Bill of Rights-related cases on which the Supreme Court has not yet ruled, as well as the constitutional processes surrounding the nomination of a new Supreme Court Justice. Safford Unified School District v. Redding, concerns the Fourth Amendment rights of public school students. The second, Northwest Austin Municipal Utility District v. Holder, concerns a challenge to the Voting Rights Act as an unconstitutional intrusion into the powers of states. | Resources and discussion questions
- What are the facts of the case in Safford Unified School District v. Redding?
Public school officials suspected a thirteen-year old student of having prescription-strength ibuprofen. The school has a “zero-tolerance” policy towards drugs, including prescription medications. Officials conducted a strip search in an attempt to find the drugs. The student was required to undress to her underwear, and then push aside her undergarments. (No pills were found.)
- What is the constitutional question before the Court?
Does the Fourth Amendment protect public school students’ rights to be free from searches such as the one conducted in this case?
- How do you think the Court should rule?
Some students may say that school officials acted unreasonably, violating the student’s privacy by conducting such an intrusive search on relatively weak evidence. The suspicion, if true, (possessing prescription ibuprofen) was not potentially dangerous enough to justify their actions. Others may argue that since the school is charged with protecting students’ health and safety, the search was reasonable. School officials believed they were enforcing a reasonable policy when they strip-searched the student.
- What change to the Voting Rights Act did Congress make in 2006?
Congress passed an extension to a key provision of the Act, requiring all or part of sixteen states with a history of discrimination to continue to get advance approval from the federal government (preclearance) when they make changes to the way elections are conducted.
- What is the Supreme Court being asked to do in the case?
T
he Court is being asked to strike down the extension of the preclearance requirement as an unconstitutional violation of the powers of state and local governments.
- In the oral arguments at Northwest Austin Municipal Utility District v. Holder, Justice Kennedy said, “Congress has made a finding that the sovereignty of Georgia is less than the sovereign dignity of Ohio…The sovereignty of Alabama is less than the sovereign dignity of Michigan.” How would you respond to this assertion?
Accept reasoned answers.
- Who has the power to nominate Justices to the Supreme Court? Which federal government body has the power to confirm their appointment?
The President; The Senate
- How does this arrangement illustrate the constitutional principles of checks and balances and separation of powers?
The President nominates people to serve as Justices of the United States Supreme Court. Supreme Court Justices must be confirmed by the Senate before they can be appointed; once they are appointed, they serve for life (though they can be impeached.) This arrangement demonstrates the constitutional principle of checks and balances and separation of powers. The person charged with enforcing the laws (the President) nominates individuals to judge the constitutionality of laws (Justices), but those individuals must be approved by lawmakers (Congress.)
- Read Article III of the Constitution. What are the duties of a Supreme Court Justice?
Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;-- between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
- Based on your reading of Article III, what factors should President Obama consider in making his nomination to the Court? What factors should the Senators consider in their decision whether to vote for his/her confirmation?
Students may suggest: understanding of the Constitution; intelligence; experience as a judge; other professional experiences; communication skills; commitment to being impartial; capacity for empathy; life experience, and other qualities.
| | Last Edited On 5/18/2009 1:46:00 PM | | | |
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