LAW 313 - 9/17/25 - Chapter Two: Campaign for Racial Equality
Class Timing and Attendance
Class begins at 05:55.
Emphasis on punctuality; doors may be locked at 06:00.
Legitimate excuses will be heard after class; examples given include public transportation delays.
Engaging in non-academic activities before class, like socializing, is discouraged as it's seen as a lack of respect for time.
Instructor Absence
No class will be held from September 22 to September 24 due to school closure.
Next class will resume the following Monday.
Additional notes on other classes occurring on the 21st and 25th.
Chapter Two: Campaign for Racial Equality
Supreme Court Appointment Process
Appointment of Supreme Court justices occurs via presidential nomination.
Confirmation process is required from the Senate (not the House of Representatives).
Historically, confirmations were unanimous; now they are often divided along party lines (e.g., 51-49 votes).
Justices serve for a lifetime unless they are impeached.
Impeachment Process
Impeachment can be initiated against justices; however, no Supreme Court judge has ever been impeached.
The process involves:
The House of Representatives votes on articles of impeachment.
Senate holds the trial.
A two-thirds majority is required for conviction.
Example: Richard Nixon resigned before possible impeachment.
Importance of impeachment in maintaining checks and balances.
Recusal of Justices
Justices may recuse themselves from cases where they have a conflict of interest (e.g., personal relationships or biases).
Example: Justice Scalia did not recuse himself in a case involving Dick Cheney.
Importance of Supreme Court Decisions
Their rulings hold significant influence and often last a lifetime, affecting societal laws and rights.
Example of overturning precedents: Roe v. Wade was reversed by Dobbs v. Jackson Women's Health Organization.
Three Branches of Government
Executive: President and executive officers.
Legislative: Congress, responsible for making laws.
Judicial: Courts, including the Supreme Court, which interprets laws.
Purpose: To maintain balance of power among branches to prevent autocracy.
Role of Public Opinion in the Supreme Court
Supreme Court decisions may be influenced by shifts in public opinion (e.g., views on the death penalty).
Historical reference: Shift from 75% public approval of the death penalty to roughly 60% opposition.
Voting Rights and Legislative Amendments
Fifteenth Amendment: Ratified on February 3, 1870, prohibits voting denial based on race, color, or previous condition of servitude.
Analysis of who had voting rights before and after the amendment.
Poll taxes, literacy tests, and black codes: Used to disenfranchise African Americans post-Abolition.
Example: Tests that disproportionately affected black voters.
Legal Cases Concerning Voting Rights
Gwen v. United States (1915): Ruled that Oklahoma's grandfather clause was unconstitutional.
Lane v. Wilson (1939): Outlawed laws that prohibited African Americans from registering to vote based on restrictive timeframes.
Nixon v. Herndon (1932): Ruled that only allowing whites to vote in Texas Democratic primaries was unconstitutional, violating the Fifteenth Amendment and parts of the Fourteenth Amendment, specifically the Equal Protection Clause.
Breedlove v. Suttles (1937): Supreme Court upheld poll taxes as constitutional, indicating ongoing legislative struggles.
Terry v. Adams (1953): Invalidated exclusion of black voters in primary elections in Texas.
Continued Legislative Discrimination Tactics
States used sophisticated methods to disenfranchise voters while appearing legal.
Discussion of other discriminatory legislation since the Civil War and Reconstruction periods.
Personal Reflections and Legal Background of the Instructor
Instructor's educational history: Attended South Texas College of Law.
Discussion of the importance of understanding voting rights and civic engagement.
Encouragement to engage with local and national political processes for better societal outcomes.