THE JUDICIAL BRANCH
CHAPTER 18 AND CHAPTER 24 SECS: 4&5
ARTICLES OF CONFEDERATION
1781-1789
• This had no national courts.
• The states all interpreted laws.
• US realized they needed a national
court.
• Alexander Hamilton said,
• “Laws are dead letters without
courts to expound and define their
true meaning and operation.”
THE CREATION OF THE NATIONAL
JUDICIARY
• Article Three
• “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.”
• Two separate court systems in the US
• National system of courts
• Span the country, more than 100 of them.
• Each of 50 States have their own court system.
• These hear most cases in the country, 1000s of them.
CREATION OF THE NATIONAL
JUDICIARY (CONT.)
• Congress can create inferior courts.
• There are two kinds of inferior courts:
• Constitutional courts (aka: Regular cts.)
• Exercise the judicial power of the U.S.
• Hear federal court cases.
• Include: The Supreme Court, the Court
of Appeals, the District Courts, the Court
of International Trade
CREATION OF THE NATIONAL
JUDICIARY (CONT.)
• Special Courts (aka: Legislative
Courts.)
• Created by Congress
• Hear only a limited range of
specialized cases
• Include: Court of Appeals for
Armed Forces, Court of Veterans
Appeals, Claims Court, Tax Courts,
Courts of Washington D.C.
JURISDICTION
• Jurisdiction is the authority of a ct. to hear &
decide a case; the power “to say the law.”
• Exclusive Jurisdiction
• Cases heard only in federal courts.
• Concurrent Jurisdiction
• A case that can be heard in state/federal
court.
• Original Jurisdiction
• A court hears a case for the 1st time at trial level.
• Appellate Jurisdiction
• A court that hears a case on appeal from a
lower court has this, and can overrule an
original.
JURISDICTION IN THE FEDERAL
COURTS
• Federal courts can hear cases that
deal with the interpretation and
application of a provision of the
Constitution or of any federal statute
or treaty.
• They can also hear cases that arise
on the high seas or in navigable
waters of the United States.
SOURCES OF LAW
• Constitution of the United States
• Statutory Laws – (statutes) laws that
are written by state legislatures and
other lawmaking bodies.
• Common law – origin of stare decisis;
past rulings that are used to make
decisions.
BRANCHES OF LAW
1. Public Law – concerns the relationship
between the government and citizens.
• Criminal Law – the portion of the law that
defines public wrongs and provide for
their punishment.
• Constitutional Law – The written text of the
state and federal constitutions.
• Administrative Law – rules and regs of the
Gov. agencies.
• International Law – rules that guide
relations w/ other countries.
BRANCHES OF LAW (CONT.)
2. Private law – deals with disputes between
individuals, businesses or other organizations.
• Contracts – a legally binding agreement in
which one party agrees to do something with
or for another party.
• Property – someone’s real estate or personal
possessions.
• Torts – wrongful act that injures a person or
someone’s property.
• Domestic Relations – type of law that deals
with relationships between people.
APPOINTMENT OF JUDGES
• Federal judges are nominated by the President
and confirmed by Senate.
• Review Senatorial Courtesy
• Presidents will nominate…
• Someone from their political party
• Someone who shares their legal and political
ideology
• Federal judges have come from:
• Leading attorneys, legal scholars, law school
profs., congressional members, & state justices.
TERMS AND PAY
OF JUDGES
• Most federal judges • Congress sets the judicial
are appointed for life salaries and benefits.
and may be
• Associate Justices of
removed only
Supreme Ct - $244,400.
through the
impeachment
• Chief Justice:
process.
$255,500.
• Only 13 ever
• They can retire at 70, if
impeached and 7
they
served
10
years,
removed.
and receive full salary
for ever! or at 65, with
15 years of service.
COURT OFFICERS
• Each district court has many officials
who assist the district judge.
• These include clerks, bailiffs,
stenographers, magistrates,
bankruptcy judges, United States
attorneys, and federal marshals.
THE FEDERAL DISTRICT COURTS
• 94 District courts (states
have at least 1)
• Cali, NY, Texas – have
four!
• 550 district judges hear
80% of the federal
caseload.
• Trial courts for criminal
and civil federal cases.
• Have original jurisdiction
over most of the cases
heard in the federal courts.
• There are 12 circuits
(regions) in U.S.
• States are divided up into
these. (MD,WV,VA,NC,SC
in circuit 4)
• Use grand and petit juries:
• Grand: 16-23 people,
hear charges against a
person for a crime, if
they feel there is
evidence they issue:
• Indictment – formal
accusation charging
a person with a crime.
• Petit: 6-12 people, trial
jury.
• Weigh evidence
presented at a trial in
a criminal or civil
case.
• Jury duty…
THE COURT OF APPEALS
• Courts of appeals were created in 1891
as “gatekeepers” to the Supreme Court.
• There are now 13 courts of appeals.
• 12 – 1 per each circuit
• #13 – special appeals court, national
jurisdiction
• Usually 3 judges sit per panel.
• 55,000 cases per year.
LEGAL TERMS
• Before we move on to the Supreme
Court, let’s see what we have
learned from Detectives Benson
and Stabler on Law and Order!
• Take five minutes and try to answer
all of the questions on the handout,
individually!
SUPREME COURT
• Court of last resort most appeals come
from the Court of Appeals.
• Currently 8 associate justices and chief
justice.
• Judicial review-declare act
unconstitutional.
• About 6,000 cases apply/yr., only
about 100 get full decision.
THE SUPREME COURT
Back row left to right: Sonia Sotomayor , Stephen G. Breyer,
Samuel Alito, Elena Kagan.
Front row left to right: Clarence Thomas, Antonin Scalia,
*John Roberts, Anthony Kennedy, Ruth Bader Ginsburg
JOHN ROBERTS
NEW CHIEF JUSTICE
Appointed by: President George W. Bush
Appointed in: 2005
Age When Appointed: 50
REPLACED
WILLIAM REHNQUIST
SAMUEL ALITO JR.
NEW JUSTICE
REPLACED
SANDRA DAY O’CONNOR
Appointed by: President George W. Bush
Appointed in: 2006
Age When Appointed: 55
SONIA SOTOMAYOR
NEW JUSTICE
Appointed by: President Obama
Appointed in: 2009
Age When Appointed: 55
REPLACED
DAVID SOUTER
Elena Kagan
Replaced
New Justice
John Paul Stevens
Appointed by: President Obama
Appointed in: 2010
Age When Appointed: 50
ANTONIN SCALIA
• Appointed by: President
Reagan
Appointed in: 1986
Age When Appointed: 50
ANTHONY KENNEDY
• Appointed by: President
Reagan
Appointed in: 1988
Age When Appointed: 52
CLARENCE THOMAS
• Appointed by: President
George H. W. Bush
Appointed in: 1991
Age When Appointed: 43
RUTH BADER GINSBURG
• Appointed by: President
Clinton
Appointed in: 1993
Age When Appointed: 60
STEPHEN BREYER
• Appointed by: President
Clinton
Appointed in: 1994
Age When Appointed: 56
HOW THEY TEND TO VOTE
• Conservative
• Clarence Thomas
• John Roberts (replaced W. Rehnquist)
• Antonin Scalia
• Samuel Alito (replaced O’Connor)
• Liberal/Moderate
• David Souter
• Ruth Bader Ginsburg
• Sonia Sotomayor (replaced Souter)
• Elena Kagan (replace Stevens)
• Swing: votes conservative and liberal *must have *
• Anthony Kennedy
JUDICIAL REVIEW
• The power to decide on the constitutionality
of an act of government.
• The case of Marbury vs. Madison, (1803)
established this concept.
• The Supreme Court has great powers…
• As the ultimate authority on
constitutionality
• As the arbiter of disputes between States
and between States and the Federal
Gov’t.
SUPREME COURT’S
JURISDICTION
• The Supreme Court has both original and
appellate jurisdiction, but most of its cases
are appeals.
• Can’t initiate action, must wait for
Litigants:
• People engaged in a lawsuit to come
before them.
• Today, the Supreme Court has almost
complete control over its own caseload.
MAIN DUTIES:
• Making Decisions:
• Decide which case to hear
• Decide the case itself
• Determine an explanation for the
decision, called the opinion
• Protecting civil liberties.
PROTECTOR OF CIVIL LIBERTIES
• What are civil liberties?
• Where do they come from?
• When learning about various Supreme
Court Cases, please think back to
what civil liberties are involved?
HOW DOES A
CASE GET THERE?
• In 2000, more than 8,900 cases appealed
• “The Rule of Four”
• At least four judges must agree that the Court
should hear a case before that case is selected
for the Court’s docket.
• Writ of Certiorari
• How most cases reach the court.
• An order to a lower court to send up the record
in a given case.
• By Certificate
• When appellate cts, State supreme cts, or others
request a ruling on a particular point of law.
THE SUPREME COURT AT WORK!
• Oral Arguments
• Lawyers speak to the justices, emphasizing the
major points they made in their written briefs.
• Briefs
• Written documents supporting one side of a case,
submitted before oral arguments are held.
• Solicitor General
• Represents the US before the S.Ct. in all cases to
which it is a party.
• The Conference
• The justices meet in secret session to discuss in
depth and vote on the cases they have heard.
OPINIONS
• Justices of the Supreme Court always write the
Opinion of the Courts.
• Majority Opinions: The decision of the court
• Concurring Opinions
• Disagree with reasoning
• Dissenting Opinions
• Disagree w/ major opinion, discusses minority opinion
• Plurality Opinions
• We agree but…, doesn’t rep a majority
• All opinions may have an influence on
subsequent rulings.
SPECIAL COURTS
THE UNITED STATES CLAIMS COURT
• The United States may be sued only if it
gives its consent.
• The Claims Court hears cases from all
over the county in which there are
claims for damages against the
Federal Government.
THE TERRITORIAL COURTS
• Under the Constitution, Congress
created courts for the nation’s
territories.
• The courts operate much like local
courts in the State systems.
THE COURT OF APPEALS FOR
ARMED FORCES
• 5 civilian judges appointed
• 15 year terms
• This court hears appeals from courtmartial convictions and is usually the
court of last resort for members of the
armed forces.
THE COURT OF
VETERANS APPEALS
• 7 judges appointed by President
• Serve 15 year terms
• They hear appeals from veterans who
claim that the Veteran’s Administration
has mishandled their cases.
THE UNITED STATES
TAX COURT
• 19 judges, appointed by President
• 12 year terms
• The Tax Court hears only civil cases
involving disputes over the application
of tax laws.
VIRGINIA’S
COURT SYSTEM
STATE COURTS
• State courts share legal authority with
local governments.
• Judges are selected by the state
legislature to serve terms.
STATE SUPREME COURT
• Highest court in Virginia.
• 7 judges elected by the General Assembly
to 12 year terms.
• Chief Justice selected by the other judges.
• Hear appeal cases and decides if laws
and government action are constitutional.
• Uses judicial review for state actions.
• One of the oldest and continuous courts in
the United States.
COURT OF APPEALS
• These are trial courts and courts of
record.
• Here most criminal case appeals
• Designed to lessen the work of the
state supreme court
CIRCUIT COURT
• These are trial courts and courts of
record.
• There are 31 courts with 2 judges in
each “court”.
• Handle mostly jury trials of felony cases
and large civil cases.
GENERAL DISTRICT COURTS
• These are minor courts without juries–
bench trials.
• These are not considered courts of
record.
• They handle mostly misdemeanors.
JUVENILE AND DOMESTIC RELATIONS
GENERAL DISTRICT COURTS
• JDR courts handle juvenile law cases.
• Also hear cases involving parents and
children.
• Goals of these courts is primarily
rehabilitation.
• These are minor courts and not courts
of record.
• Cases are not open to the public.
OTHER TYPES OF MINOR
COURTS
• Small claims courts
• These are courts for civil law
• Hear cases of suing for damages
• These are bench trials
• Traffic courts
• Probate courts
• These courts deal with wills and property of
deceased.
• Cases are decided by a single judge.
• Justices of the peace and Magistrates work like
judges at the local level.
CIVIL LIBERTIES & CIVIL
RIGHTS
GOVERNMENT
CHAPTERS 19 – 21
CIVIL LIBERTIES & CIVIL RIGHTS
• Definition/Distinction
• 1st Amendment Issues
• Rights of the Accused & Criminal
Justice
• Civil Rights
DEFINITION
• Civil Liberties -- Rights that need
protection from the government
• Civil Rights -- Rights that need
protection by the government
DEFINITION
• Judicial Review
• Marbury v.
Madison (1803)
• Incorporation
Theory
• Gitlow v. New
York (1925)
DEFINITION
• Judicial Review: power of the
Supreme Court to determine the
meaning of the constitution
• Incorporation Theory: applying the
protections of the Bill of Rights to the
actions of state governments via the
14th Amendment’s Due Process
Clause
DUE PROCESS CLAUSES
The Fifth Amendment to the United States
Constitution provides:
• [N]or shall any person . . . be deprived of
life, liberty, or property, without due
process of law . . . .
Section One of the Fourteenth Amendment
to the United States Constitution provides:
• [N]or shall any State deprive any person of
life, liberty, or property, without due
process of law . . . .
1ST AMENDMENT ISSUES
• First Amendment rights include:
• Religious Freedom
• Free Speech
• Free Press
• Free Assembly
• Free petition
1ST AMENDMENT ISSUES
• Religious
Freedom has 2
components
• Antiestablishment
• Free Exercise
RELIGIOUS FREEDOM
• Anti-Establishment clause
• 1971 - Lemon v. Kurtzman (Lemon Test)
1. Aid must be secular in intent
2. Its primary effect can neither
enhance nor inhibit religion
3. Government must avoid “excessive
entanglement” with religion
RELIGIOUS FREEDOM
• Is aid -- tax dollars -- to church related
schools permissible?
Courts have ruled that it is ok for tax
dollars to be spent on: school lunch,
transportation, speech/hearing support,
standardized tests, computer purchases
and internet access, vouchers; subject to
Lemon test restrictions
RELIGIOUS FREEDOM
• School Prayer?
• Mandatory?
No. Engel v. Vitale (1962)
• Daily bible readings?
No. Abington School District v.
Schempp (1963)
• Moment of silent prayer?
No. Wallace v. Jaffree
(1985)
• Moment of silence for nonreligious reasons?
Yes. Brown v. Gwinnett County S.D.
(1997)
RELIGIOUS FREEDOM
• Prayer outside of school
• Permissible to have religious leaders not
affiliated with school at “official” school
events?
No (Lee v. Weisman [1992])
• Permissible to have student led prayer at
official school events?
Yes. Santa Fe Independent S.D. v. Doe (2000)
student led prayer okay, but can’t use PA system
RELIGIOUS FREEDOM
• Permissible to have
school functions
(e.g., graduation) in
a church, with
religious icons on
display?
To be determined; case
from Tennessee working
its way through the
courts now
RELIGIOUS FREEDOM
• Display of Ten
Commandments?
Depends. Stone v.
Graham (1980) -display of Ten
Commandments is
permissible, but cannot
be required or
mandated by the state*
*Permissible if part of other document
display and not given special “pride
of place” treatment (Van Orden v. Perry
[2005])
McCreary County v. ACLU
(2005) -- cannot mandate
display of 10 commandments
in courtrooms
RELIGIOUS FREEDOM
• Evolution vs.
Creationism
• Edwards v.
Aguillard (1987) -states cannot
mandate
teaching of
biblical
creationism
RELIGIOUS FREEDOM
• Kitzmiller et. al. vs
Dover Area School
District (2005)
• State cannot
mandate teaching
of “Intelligent
Design” in the
science curriculum
RELIGIOUS FREEDOM
• Free Exercise
• Distinction between belief and practice
• Courts have upheld state intervention in
religious practices
• Drug Use permissible?
No. Oregon v. Smith (1990)
Yes. Gonzales v O Centro
Espirita Benficiente Unaio
do Vegetal (2006)
RELIGIOUS FREEDOM
• Free Exercise
• Is animal sacrifice permissible?
Yes.
Church of the Lukumi Babalu Aye
v. City of Hialeah (1993)
RELIGIOUS FREEDOM
• Free Exercise
• Distinction between belief and practice
• Exemptions for religious groups for various
regulatory requirements:
• faith healing
• immunization exemption
• reporting infectious disease exemption
• child neglect exemption
• licensing exemption
People vs. Cole, 219 N.Y. 98, 113 N.E. 790 (1916)
People vs. Vogelgesang, 221 N.Y. Reports 290 (1917).
N.Y. Court of Appeals.
FREEDOM OF EXPRESSION
• Free speech provisions
• Permitted Restrictions
• Schenck v. United States
(1919) - “clear and present
danger”
• Gitlow v. New York (1925) “bad tendency”
• Brandenburg v. Ohio
(1969) - “incitement to
imminent lawlessness”
FREEDOM OF EXPRESSION
• “Beyond the Pale”
unprotected speech
• Obscenity
• Fighting Words
• Heckler’s Veto
• Hate Speech
• Slander
• Advocate illegal
activities
FREEDOM OF EXPRESSION
Is this protected speech?
No. Morse v. Frederick
(2007). Students could be
suspended for unfurling
banner held to advocate
the use of illegal drugs
OTHER SPEECH RIGHTS
• “Symbolic” Speech and the First
Amendment... protected or not?
Yes
Tinker v. Des Moines
School District (1969)
OTHER SPEECH RIGHTS
• Symbolic Speech
• Is Flag burning
protected?
Yes Texas v. Johnson (1989)
flag burning as part of a
peaceful protest is protected by
the First Amendment*
*It’s also the official way
of disposing of old flags.
FREEDOM OF THE PRESS
• In general, same
protections as speech
with some permissible
restrictions
• national security
• censorship
permissible if
protects national
security
FREEDOM OF THE PRESS
• “fair trial” issues
• protect witnesses
• protect accused
FREEDOM OF THE PRESS
• Print vs Non-print media
• Print has greater protection
• Non-print, distinction between finite and
non-finite transmission mode
• Broadcast vs cable/satellite
• More restriction on broadcast
• Licensing and rules
FREEDOM OF THE PRESS
• “Beyond the Pale”
unprotected press
• Libel
• Knowingly publish with
reckless disregard for
the truth statements
known to be false and
injurious to person’s
character, reputation
FREEDOM OF THE PRESS
• Pornography/
Obscenity
• Roth v. United
States (1957)
• Miller v.
California
(1973)
FREEDOM OF THE PRESS
• Miller v California (1973)
• Average Person finds it violates
contemporary community standards
• Work taken as a whole appeals to a
prurient interest in sex
• Work depicts patently offensive
sexual conduct
• Work lacks serious redeeming literary,
artistic, political, or scientific merit
FREEDOM TO ASSEMBLE
• Balance right to
free association
with right for public
order
• Permissible for
localities to require
permits in order to
protest
SECOND AMENDMENT
• One of the few
remaining amendments
in the Bill of Rights that
has not been
incorporated
• In District of Columbia v.
Heller (2008) court ruled
for the first time that gun
ownership is an
individual rather than a
collective right.
THIRD AMENDMENT
• This amendment prohibits
the federal government
from commandeering
private homes for the
military in peacetime
without consent of the
owner.
• In time of war, however, it
can happen with
appropriate legislation.
RIGHTS OF THE ACCUSED
• Founders were concerned with crime,
but their concerns were different from
ours
• Wanted to find ways to protect
individuals from overambitious state
activities
• Variety of provisions built into the Bill of
Rights to make it more difficult for
states to deprive people of their liberty
RIGHTS OF THE ACCUSED
• Pretrial Rights
• 4th Amendment protections
• no unreasonable search & seizure
• police need warrant to search
• 5th Amendment protections
• no self-incrimination
• grand jury indictment
RIGHTS OF THE ACCUSED
• Trial Rights
• habeas corpus -- accused
must be brought before
judge and be publicly
informed of charges (Art.
1, sec. 9, clause 1)
• right to counsel (6th
Amendment)
• right to confront witnesses
(6th Amendment)
RIGHTS OF THE ACCUSED
• Trial Rights (continued)
• due process provisions (6th
Amendment)
• speedy and public trial
• jury of peers
• presumption of innocence
• trial conducted in jurisdiction
where crime is alleged
to have occurred
RIGHTS OF THE ACCUSED
• Post Trial Rights
• no double jeopardy (5th Amendment)
• no cruel and unusual punishment (8th
Amendment
RIGHTS OF THE ACCUSED
• Key
additions/amendat
ions to basic rights
• Gideon v.
Wainwright (1963)
-- right to counsel
even if can’t
afford an
attorney; state
must provide one
RIGHTS OF THE ACCUSED
• Mapp v. Ohio (1961) -exclusionary rule; illegally
obtained evidence is
inadmissible at trial. "all
evidence obtained by
searches and seizures in
violation of the
Constitution is, by [the
Fourth Amendment],
inadmissible in a state
court."
RIGHTS OF THE ACCUSED
• Exceptions to Exclusionary Rule
• “Plain sight”:
• evidence not on a warrant but in “plain sight” of the
police is admissible in court
• Alternative means:
• If police can demonstrate they would inevitably
have found the evidence legally anyway, even
though it was illegally obtained originally, the
evidence is admissible
• “Good faith”:
• if police believe they are conducting a
“reasonable” search, and a subsequent court rules
that the search was in fact unreasonable, the
evidence is admissible
RIGHTS OF THE ACCUSED
• Miranda v. Arizona (1966) -- police
must inform accused of rights prior to
taking into custody
RIGHTS OF THE ACCUSED
• Exceptions to Miranda:
• “Public Safety”
• Conviction possible if other
evidence at trial would have
been enough to convict, even
if confession was coerced or
suspect was not read Miranda
rights
• Ambiguity
• Suspects must clearly state
that they would like to speak
to counsel or exercise other
provisions of their Miranda
rights
RIGHTS OF THE ACCUSED
• Exceptions:
• War on Terror and enemy combatants
• Bush Administration argues that terrorists
taken into custody are outside both
international law (Geneva Conventions
regarding Prisoners of War) and US civil law
PUNISHMENT
• Bail – the sum of money that the accused
may be required to post (deposit with the
court) as a guarantee that he or she will
appear in court at the proper time.
• Preventive Detention – a federal judge can
order that the accused be held, without
bail, when there is good reason to believe
that he or she will commit another serious
crime before trial.
DEATH PENALTY
• Death penalty and the 8th
Amendment
• “cruel and unusual” refers to
punishment that is excessive
(punishment did not fit the
crime) and needlessly inflicts
suffering on the convict
• Furman v. Georgia (1972)
• Death penalty
unconstitutional because
its use was random and
arbitrary
DEATH PENALTY
• Gregg v. Georgia (1976)
• States adopt, and court approves a
“two step” process for capital cases
• Ring vs Arizona (2002)
• Only juries, not judges, can impose
the death penalty
• Death Row statistics from the Bureau
of Justice Statistics
OTHER RIGHTS
• Privacy Rights
• Privacy not
mentioned
specifically in the
Constitution or the Bill
of Rights
• Griswold v.
Connecticut (1965)
• Privacy located in
the 1st, 3rd, 4th, 5th,
9th amendments
OTHER RIGHTS
• Privacy and the USA Patriot Act
• allows government officials to
secretly search a suspected terrorist
house with special warrant
• allows government to monitor
internet, phone conversation,
banking, and book purchases with
special warrant
• allows government to open mail with
special warrant
OTHER RIGHTS
• Privacy and the Patriot Act
• FBI must present evidence why
warrant is necessary, but judge has
no authority to reject warrant
• Individuals targeted by these
investigations are forbidden to
discuss investigation, including the
facts of its existence, with anyone
CIVIL RIGHTS LAWS
• Government attempts to guarantee
equal opportunity to ALL Americans.
CIVIL RIGHTS ACT OF 1964
• Banned discrimination in public
accommodations and workplace.
• Ends discrimination based on race,
color, religion, national origin, sex, or
physical disability.
• Government cuts money from
discriminatory programs.
CIVIL RIGHTS ACT OF 1968
• Often called the “Open Housing Act.”
• Forbade discrimination in sale or
renting of housing.
WOMEN AND CIVIL RIGHTS
• Women still enjoy some genderpreference laws.
• Fought for inclusion in professions and
equal pay for equal work.
• ERA failed to be ratified.
• Title IX and educational opportunities.
AFFIRMATIVE ACTION
• These programs encourage programs
and employers to hire and promote
women and minorities.
• The goal was to make up for
discrimination of the past.
• The easiest solution was to use a
quota…
REVERSE DISCRIMINATION
 Can Race by the only factor in
admission to universities?
 NO Bakke v. University of California
 Can quotas be used in areas which
had flagrant and longstanding
discriminatory practices?
Yes United Steelworkers v. Weber
 The court said an affirmative action
plan has to be (1) necessary (2) aiming
to correct a statistical imbalance (3)
not result in an absolute bar to hiring
non-minority people (4) temporary,
with an end date or goal (5) allow
flexibility for hiring non-minorities.
IMPORTANT CIVIL RIGHTS CASES
• 1857: Dred Scott v. Sanford
• 1896: Plessy v. Ferguson
• 1954: Brown v. Board of Education
• 1995: Adarand Constructors v. Pena
• 2013: Shelby County v. Holder