Supreme Court Briefs
Content
Bush v. Gore (2000) Nick Miller 2000 Presidential Election Were the recounts, as they were being conducted, constitutional? If the recounts were unconstitutional, what is the remedy? This case was based on the Equal Protection Clause of the Fourteenth Amendment. Seven justices agreed on a violation of the Equal Protection Clause from the Fourteenth Amendment. The Supreme Court ruled 5-4 that no recount could be completed by a December 12 deadline. Therefore, the Chief Justice agreed with the arguments and decision made by and for the Florida Supreme Court and the ruling that Bush was the victor in this case, leading to his presidency. Had Gore won this case, who knows what our country would be like today. We would have had a Democratic leader for at least 4 years, maybe longer than that. And the war in Iraq could have been taken in a completely different angle than what Bush did.
Miller v. California (1973) Obscenity Material Is the sale and distribution of obscene material protected under the First Amendment s freedom of speech guarantee? This case was based upon the freedom of speech clause of the First Amendment. The court got a lot of their basis from the case that had happened previously with Roth v. United States, which was a struggle about defining what constituted constitutionally unprotected obscene material. The court decided that it was not protected under the First Amendment. This court decision also strengthened the decision in the Roth v. United States case. This case has also led to the court declaring child pornography not protected under the First Amendment.
United States v. Nixon (1974) Power of the President To what limits is the President s power stretched to? This case was based on the 2nd Article of the Constitution. This was a major case in setting the precedent of the power that the president has and how much is it limited. This whole case came about with Nixon being elected for a second term and the breaking in of Watergate building. Nixon claimed to have executive privilege regarding the tapes of Watergate, however, the court ruled that the executive privilege does not apply when it is used in the judicial process by a unanimous vote. They ruled like this because the tapes that Nixon was withholding probably had vital evidence against the president and his men. This led to the impeachment of President Nixon and the eventual removal from office.
Miller v. California (1973) Obscenity Material Is the sale and distribution of obscene material protected under the First Amendment s freedom of speech guarantee? This case was based upon the freedom of speech clause of the First Amendment. The court got a lot of their basis from the case that had happened previously with Roth v. United States, which was a struggle about defining what constituted constitutionally unprotected obscene material. The court decided that it was not protected under the First Amendment. This court decision also strengthened the decision in the Roth v. United States case. This case has also led to the court declaring child pornography not protected under the First Amendment.
United States v. Nixon (1974) Power of the President To what limits is the President s power stretched to? This case was based on the 2nd Article of the Constitution. This was a major case in setting the precedent of the power that the president has and how much is it limited. This whole case came about with Nixon being elected for a second term and the breaking in of Watergate building. Nixon claimed to have executive privilege regarding the tapes of Watergate, however, the court ruled that the executive privilege does not apply when it is used in the judicial process by a unanimous vote. They ruled like this because the tapes that Nixon was withholding probably had vital evidence against the president and his men. This led to the impeachment of President Nixon and the eventual removal from office.
