Saturday, May 5, 2012

How the Ruling Affected Society



The ruling of this case is perhaps not as significant or impacting as other famous Supreme Court cases, but it did impact society in some ways. The impact was huge or life altering for the population. The biggest impact this case had was the unintentional awareness it created about the death penalty and more importantly the spotlight it cast on the Florida Court System and the mistakes the system willingly allowed to happen. The population's eyes were opened to mistakes court systems allowed to happen because the court was more focused on the ruling and punishment, rather than the way the court received the information pertaining to the case.



Monday, April 30, 2012

Individual Rights

This will be the last principal covered. Hopefully these principals have helped you understand the case a bit better and why the court made the decisions they did. On to Individual Rights!

Individual Rights are limitations that have been created to protect a citizen’s liberties. An example of this would be the first 10 Amendments more commonly know as the Bill of Rights. Each amendment spells out a liberty that is given to the citizens of the United States. While the 14th Amendment is not part of the Bill of Rights, the Supreme Court made sure Ford’s right to due process was upheld when they heard his case. They also made sure his 8th Amendment right was upheld when they took him off Death Row because he was not deemed competent enough to undergo the execution.

Sunday, April 29, 2012

Checks and Balances

Checks and balances is the power each branch has to make sure the power is equal between the branches. This is a pretty basic and easy concept to understand. One example of a check and balance is the Executive Branch has the power to veto bills, but the Legislative Branch has the power the override the veto. Another example is the President can nominate candidates to be justices, but Congress must approve the justices. Still another example is the Judicial Branch has the power to declare laws unconstitutional which is a check it has over the other two branches.
This principal was a way the Supreme Court could check the Florida Court’s decision. It made sure that the Florida decision was a right and constitutional one. The Supreme Court used this principal to make sure the Florida Courts were doing their jobs correctly and constitutionally.

Saturday, April 28, 2012

Judicial Review

Judicial Review is the first of three principals of government I will be connecting to Ford v Wainwright. The next three posts will look at how each principal connects and why that connection occurred. Let’s get down to it!
 Judicial Review gives the Supreme Court the power to overturn laws and executive actions. It was originally part of the decision in the case Marbury v Madison. It survived because of two factors 1) Constitutionalism and 2) a distrust of Democracy. Judicial Review has been crucial in many instances including flag burning and free speech and the Miranda Rule and the Exclusionary Rule. Judicial Review impacts Ford v Wainwright for two reasons. First, it’s part of what overturned the Florida Court’s death penalty decision. Second, it dealt with the discrepancies in the Florida Statute that was used to determine Ford’s mental competency.

Thursday, April 26, 2012

The 8th and 14th Amendments

This case deals with the 8th and 14th Amendments. Here is a refresher on what they are.
First the 8th Amendment. It states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Constitution). While the death penalty itself could be argued goes against this amendment, the Court based their decision partly off this amendment, focusing in on the cruel and unusual aspects.
Second the 14th Amendment. It states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S. Constitution). This is where Florida’s court system went wrong as well as the Federal District Court. They didn’t fully uphold Ford’s 14th Amendment rights.

Wednesday, April 25, 2012

Case Ruling

The Supreme Court looked at two things when they submitted their ruling on this case. First, does the 8th Amendment prohibit executing the insane? Second, should the District Court have heard the case?
The Supreme Court voted that the 8th Amendment prohibits the execution of a person who is classified as insane. The judges defined insanity as the person is not aware of the punishment and why they are receiving that punishment. Florida’s process for figuring out the sanity the Judges ruled went against the 14th Amendment. Ford did not receive a full, fair hearing and had no opportunity to be listened to. They also ruled that Ford has the right to offer evidence gathered by his own psychiatrist.  

Tuesday, April 24, 2012

The Supreme Court Justices- The Burger Court


This post will serve as an introduction to the nine justices that judged Ford’s case.
Chief Justice Warren Burger earned his way through college and law school. He worked as a private lawyer for more than 20 years. He then worked in the Justice Department under President Eisenhower. He was nominated by President Nixon in 1969. He is a conservative and voted with the minority in this specific case.
Justice William Brennan Jr. got his law degree from Harvard. He became a lawyer and worked in New Jersey. He served as a trial judge and was promoted to the New Jersey Supreme Court in 1952. He was nominated by President Eisenhower in 1956. He is a liberal and voted with the majority.
Justice Byron White graduated from the University of Colorado. He then became a Rhodes Scholar and attended Oxford. When he returned to the States he got his law degree from Yale. He was a clerk for Chief Justice Vinson. He was nominated by President Kennedy in 1962. He is a moderate and voted with majority.
Justice Thurgood Marshall graduated from Lincoln University. He got his law degree from Howard University. Marshall was a part of chief counsel in Brown v Board of Education. He was nominated by Johnson in 1967. He is a liberal and wrote the majority opinion. Marshall is the first black to serve on the Supreme Court.
Justice Harry Blackmun graduated and got his law degree from Harvard. He was a clerk for a Federal Appellate judge in Minnesota. President Eisenhower appointed him to the Court of Appeals in the 8th district. He was nominated by President Nixon in 1970. He is a liberal and voted with the majority.
Justice Lewis Powell Jr. was the president of the American Bar Association. He served on local and state education boards for the state of Virginia. He was nominated by President Nixon in 1971. He is a conservative and wrote a special concurrence.
Justice William Rehnquist served in World War 2 in the Air Force as a weather observer. He graduated and got his law degree from Stanford. He was a clerk for Justice Jackson. He was nominated by President Nixon in 1971. He is a conservative and co-wrote the dissent.
Justice John Stevens graduated from the University of Chicago. He joined the Navy during World War 2 and was awarded a bronze star. He got his law degree from Northwest University. He was a clerk to Justice Rutledge. In 1970 he was appointed to the Court of Appeals in the 7th district by President Nixon.  He was nominated by President Ford in 1975. He is a moderate and voted with the majority.
Justice Sandra Day O’Connor graduated and got her law degree from Stanford. She served as a civilian lawyer for three years in the Quartermaster’s Corp in Germany. She started her own law firm and then took five years off to be a full-time mom. She became the first woman Senate majority leader. She was nominated by President Reagan in 1981. She is a moderate and co-wrote the dissent. She was the first woman Supreme Court Justice.