Friday, December 10, 2010
My top 11 impact (good or bad) Supreme Court cases
On one of the Professor Discussion Boards I watch, a Prof. asked for people's top 10-15 all-time high impact U.S. Supreme Court decisions--whether or not you agree or disagree with the decision. My list is below. Are there any you would add or subtract?
Top 11 U.S. Supreme Court decisions in terms of impact/potential impact (whether or not I agree with the result) in no particular order. Everybody has a top 10 or Dirty Dozen--I just have to be different some times!
1. Dred Scott v. Sanford (expression of white supremacy, highly controversial at time, factor in triggering Civil War)
2. Brown v Bd. of Education (beginning of the end separate but equal and de jure racial discrimination, spurred Civil Right Revolution, highly controversial at time)
3. Mapp v. Ohio (4th Amend. Exclusionary rule applies to states, states now have to take Fourth Amendment seriously, great increase in police training on search and seizure, great increase in litigation in criminal cases, highly controversial)
4. Reynolds v. Sims (requires one-man one-vote in state legislatures, major shift in power from rural to urban in many states,highly controversial, very unpopular in rural circles)
5. Griswold v. Conn. (birth or substantive due process right to privacy, led to Roe and Lawrence, most people liked result, Court's methodology controversial)
6. Roe v. Wade (woman’s right to abortion under right to privacy; highly controversial to this day)
7. Marbury v. Madison (established principle of judicial review)
8. Miranda v. AZ (warnings required before police can interrogate suspect in custody, major change in required police procedures, helps make privilege against self-incrimination a viable right when dealing with police, promoted police professionalism and improved respect for suspects, controversial at time)
9. Gregg v. Ga. (allowed reinstatement of death penalty)
10. McDonald v. Chi. (Individual rights interpretation of 2nd Amendment binding on states, spurred gun-rights movement, lawsuits and legislative proposals, highly disliked by many on the Left, Full impact still to be played out)
11. Lawrence v. Texas (right to engage in adult consensual homosexual activity in private; will spurred more gay rights cases, e.g., right of gays to marry, “don’t ask, don’t tell, highly disliked by many on the Right)
Being a CJ Professor, my list might be biased in that direction. What are your top 10-15 Supreme Court decisions in terms of impact (whether you like them or not)
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I'll begin with Texas verses White. This case basically supports my contention with an all powerful politicized judiciary crushing basic republican values as these relate to individual states' rights.
ReplyDeleteThe irony is that Judge Hudson of Virginia's U.S. District court decided Obamacare's individual mandate was unconstitutional. The supreme court will be hearing this case. There are times when the court correctly sides with our chartered independence, as documented by Philadelphia's constitutional convention. Other times when judicial activist give aid to evermore federal overreach and empowerment, at the demise of states' self-governance, prosperity and their residents' cherished freedoms.
ReplyDelete44:
ReplyDeleteThanks for the comments. See new post re the Va. Dist. Ct. decision on Obamacare. Texas v. White really had little impact. The issue of state power to secede was really settled earlier by the surrender of the Confederacy. Recent polls show that a majority of Texans and U.S. citizens do not believe there is a constitutional right to secede. IMHO, Texas v. White was properly decided.
Overall I agree with your view of Texas verses White. But in regard to states' rights, I believe a person's state residence takes precedence over national citizenship. Constitutionally, the latter was only to make secure the prior. Government closest to the people begins at home, be that state and local government.
ReplyDelete44:
ReplyDeleteThanks for the comment. Yes, government closest to the people begins at home (state & local) but state and local politicians, and many voters have sold out to the feds. Unfortunately, for most people when it comes to problems, they look to the feds. For too many people, federal $ talks, the theory of federalism walks.
Those talking federal dollars are but a fractional return of what was demanded from our own pockets. Not to mention the irresponsible borrowing from foreign nations that would happily celebrate the demise of our country. You're absolutely right. Until a majority of Americans understand our dual sovereign design, we're going to end as just another overextended society gone bad, like Rome and others.
ReplyDelete