For thousands of years, all definitions of
marriage have defined marriage as the union between male and female only. Yet,
today in the US, same sex marriage has become legalized in 36 states. (Baker,
16, 2015) Conservatives believe they should wait for democracy to play out for
gay marriage to be legalized whereas others believe the 14th amendment protects
homosexuals under the equal protection clause. Due to a strong divide in public
opinion, the justices are afraid of facing backlash from conservative states if
they rule in favor of gay marriage. Should the justices decide on such an
important issue instead of letting the people decide?
Key
Issues
Precedents/
Judicial Activism & Restraint
Should the justices strictly adhere to precedents
(judicial restraint) or should they actively make policy to reflect cultural
changes (judicial activism)? People against gay marriage argue that marriage is
a thousand year tradition that has solely been defined as between a man and a
woman, even in Ancient Greece, where homosexual practices were common (Baker,
10, 2015). However, proponents for change argue that the definition of marriage
has changed with social norms, and that the Fourteenth Amendment guarantees
equal protection to all groups, hence justifying legalizing gay marriage for
all people. (Baker, 20, 2015)
National
supremacy/ federalism
It is controversial for the government to change
the legal code of the states that do not yet support gay marriage. Vice versa,
the federal government would make gay marriage illegal again in 36 states were
it to ban gay marriage. Federal law is generally considered supreme to state
law. Should states have the “right” to determine their own laws based on their
differences in political culture? In addition, states should have to recognize
people as married if they were married in other states due to “full faith and
credit”, but that would be equivalent to states making laws for other states.
The system essentially would have a loophole where people can get married in
another state to be designated as married in a state with no gay marriage.
Justices’
Opinions
Haha I control the right
of all gays to marry ;D
Justice Breyer and Sotomayor hold a strong
stance in favor of gay marriage. Justice Anthony M. Kennedy is widely
considered the swing vote. Scalia and Alito are the conservative voters.
Democracy
The Supreme Court is expected to make objective
rulings in support of the Constitution regardless of public opinion and to
protect minority interests. However, this is arguably undemocratic in nature
and unrepresentative of the people of the United States. Are justices
accountable enough to rule on such an important issue? If the justices do rule
in favor of gay marriage, would the backlash result in the court losing its
legitimacy as a vital branch of government? In addition, there is a question as
to whether it is the liberty of the majority to decide on the meaning of
marriage. Justice Sotomayor argued that the choice of deciding who to marry or
not to marry belongs to individuals, saying that by legalizing gay marriage “we’re
not taking anybody’s liberty away”. (“Excerpts”, 2015, 13)
Personal
Opinion
I believe that since
marriage is a legal mechanism and has added qualities other than just “couple
bonded religiously together”, including taxation, property transferal, and
guardianship, gay marriage should be allowed. The argument that gay marriage
undermines the values of marrying to procreate is fundamentally flawed, since
allowing gays to marry will not necessarily cause heterosexual people to not
want to have kids anymore. Heterosexuals should be protected under the equal
protection clause and allowed marriage rights just like anybody else. I believe
that even though some states strongly with against gay marriage, the court
has to take action to protect gay rights, regardless of whether people like it
or not. What homosexuals want to do has nothing to do with what religious
bigots think. I think if the court makes a decision, it is up to the states to
follow the decision. If the states don’t follow the justices’ opinion, then
democracy is undermined. In addition, the justices do not respond to any
constituents as they stay in the court for life. Thus, politicians shouldn’t
worry too much as their lame careers aren’t necessarily in question, unless
people misattribute policy failure to the politicians which they always do.
The U.S. is a mixed
economy: it plays a major rule in subsidizing, taxing, borrowing, lending. The
US has many regulations, as opposed to a truly free-market economy. Regulation
is designed to ensure economic efficiency and equity. Economic efficiency results when the output of goods and services
is the highest possible given the input used. Adam Smith supported a free
market economy as being optimal to achieving efficiency and leading companies
to be competitive. However, monopolies may emerge and eliminate competition,
leading to unfair price setting. Government regulation however can decrease
efficiency. A response to overregulation is deregulation. However, too little regulation can result. In 2008,
the housing economic crisis resulted as a result of banking and investment
firms not being regulated closely enough. Economic
equity occurs when an economic transaction is fair to each party. The
Securities and Exchange Act of 1934 was designed to protect investors from
dishonest or imprudent stock and bond brokers.
The economy tends to
follow a Boom-Bust Economic Cycle. The economy (GDP) peaks, then contracts. It
goes to a trough, and then expands, or recovers. Over time, the trend tends to
be upward. A recession is defined as a decline
in real (inflation-adjusted) GDP in two successive quarters (six months). A depression a situation in which there is a real
GDP decline of 10% or more, or a recession that is sustained for over two
years.
The US promotes economic
growth by supporting business in the following ways: Tax incentives, Corporate
subsidies, Infrastructure provisions, Trade treaty negotiations, Favorable
interest rates, Legal frameworks, Consumer of goods and services, Fiscal
Policy. The government promotes economic growth through taxing and spending
Demand-side
policies are the brainchild of John Maynard Keynes. Congress funds major
projects to provide jobs, hence income, which increases demand and books
production —> recovery from recessions. A potential problem is that
demand-side policies tend to increase budget deficits and government debt. The
current debt is $13 trillion; 15% of revenue is spent on interest payments. Deficit
is the amount of spending that exceeds earnings over a year. Demand-side
policies provide a short-term solution in the form of an economic stimulus.
Supply-side
policies were greatly promoted by Ronald Reagan. Congress stimulates business
activity — the supply of goods and services — through lower taxes to boost
investment. When companies suddenly have more money, they don’t necessarily
know what to do with the money. Supply-side policies tend to lead to more
socioeconomic inequality in society and to lower revenues and therefore budget
deficits and debt. Bush’s capital gains tax cut (28%—>15%) and highest
marginal rate tax cut (39%—>35%) did not increase economic activity enough
to compensate for lost revenue. Tax cuts and higher spending on Iraq War led to
$432 billion deficit (from a surplus!) and growth in debt from $5.7 trillion to
$10 trillion. Capital gain is money earned from selling stocks. The U.S.
has a corporate tax rate that is arguably uncompetitive, but it has the highest
corporate profits in the world. Many companies don’t pay taxes —> subsidies
(corporate welfare). $59 billion is spent on social assistance and public assistance;
wheat approximately $97 billion is spent on corporate subsidies.
Monetary policy is based
on adjustments in the amount of money in circulation. The government promotes
stable economic growth by controlling the money supply. A major thinker is
Milton Friedman. Central banks are the most important economic actors. The US
Federal Reserve Board plays important roles: supervising bank lending, limiting
risky banking activities, and providing emergency loans during crises (“lenders
of last resort”). There are two key actions: 1) Raising or lowering the
reserve rate, the amount of cash banks must deposit in the Federal Reserve,
2) Raising or lowering the interest rate on money leant to banks, which
shapes the rates banks lend to investors and consumers, and 3) buying and
selling of government securities, which affects the cost and supply of money. Low
interest rates stimulate borrowing, spending, and investment (cheaper to borrow
and pay back). Higher interest rates discourage borrowing, spending, and
investment (more expensive to borrow and pay back). Two major worries are
unemployment and inflation. The unemployment rate is the proportion of
the labor force actively seeking work, but unable to find jobs. The Bureau of
Labor Statistics (BLS) measures this. High unemployment means many people are
not earning income, which makes life harder for those individuals and families,
and leads to lower consumer spending in the economy. The inflation rate
is the rise in prices for consumer goods. The Consumer Price Index is the key
measure of inflation that relates the rise in prices over time, taken as
percentage increase of prices over a year. Causes of inflation are whatever
causes price increases: too much credit available, leading to over investment; Asset
“bubbles” caused by people willing to pay more than assets like houses are
worth because of confidence in ever-rising prices; Higher raw material prices:
especially energy; and higher labour costs: if wages grow faster than profits,
producers raise prices. Profit confidence: if MNCs can raise prices without
losing customers, they will
Inflation is a problem
because when prices rise, each dollar is able to purchase less than it used to,
therefore inflation = loss of purchasing power. Inflation and wages: “real
wages”. If wages are lower than inflation, workers earn less. If wages are
higher than inflation, workers earn more. The “real interest rate”: interest
rate - inflation rate. The Great Inflation of the 1970s occurred when widespread
availability of credit coupled with two oil price “shocks” in 1963 and 1979 led
to double-digit (13%) inflation. The response by the Federal Reserve was to
raise interest rates to 17.6%. This policy hurts borrowers, and helps lenders.
Less borrowing à
less investment à
jobs cut à less spending =
lower demand = lower prices = falling inflation. The outcomes were 1.3 million
jobs lost in US, 24% unemployment in the auto sector.
Third Wave of
Environmental Policy started with Silent Spring, a book by Rachel Carson
in 1962 that made people aware of DPP and started a wave of environmental
activism. This led to the EPA, National Environmental Policy Act, Clean Air
Act, and Clean Water Act. The Cuyahoga River in Ohio caught fire, showing the
need for action against water pollution. Earth Day was established in 1970. In
1970, President Richard Nixon signed the National Environmental Policy Act
(NEPA) and created the EPA. The NEPA mandated environmental impact statements
for public projects and has prioritized understanding our impacts on the
environment. The EPA conducts and evaluates research, monitors environmental
quality, sets and enforces standards, assists states in meeting standards, and
educates the public.
Problems in making
environmental policy: The tragedy of
commons: An economics theory that posits that individuals, acting
independently and rationally according to one’s self-interest, behave contrary
to the whole group’s long-term best interests by depleting some common
resource. The free rider problem: individual
companies benefit from the collective action of all, which optimizes cheating. Externalities (external costs): costs
borne by those who did not create the costs. Harming the environment is a cost
to the public, where the public has not chosen for that cost to be incurred
Industrial may seep into nearby lakes and rivers at a cost to society. The
Clean Air Act of 1963 and the Water Quality Act of 1965 required firms to
install antipollution devices. The ocean is an excellent example of a shared
resource that can easily be abused because its shared by many different nations
— Tragedy of the Commons.
Earth is warming to
between two and six degrees by 2100 due to carbon dioxide. United States is
leading producer of carbon dioxide, but has not reduced Kyoto treaty. Kyoto
requires reduction in greenhouse gas emissions to 1990 levels by 2010. States,
like California, are reducing emissions. America is mostly to blame for current
global warming. 25% of Americans deny climate change exists. 60% want
government to limit CO2 emissions. Over 50% want US to take action even if
other states do not. Republicans are shifting away from climate change denial.
The Keystone Pipeline from Alberta to Texas is a major issue.
In 2012, 49.7 million
live below the official poverty line - more than 16% of the population, or 1
out of every 6 people. Almost 20% of children (1 in 5) live in poverty. 58% of
Americans will spend at least one year in poverty between the ages of 25 and 78.
1.5 million households live in extreme poverty, surviving on less than $2 a day
before government support. Relative poverty: significantly less income and
wealth than other members of society —> measure of income inequality. OECD
and EU: income below 60% of the national median. In the US, income growth has
mainly occurred in the top 1% and top 10%.
Entitlement programs:
government benefits that certain qualified individuals are entitled to by law,
regardless of need, a.k.a. social insurance programs. Means-tested programs:
government programs only available to individuals below a poverty line, a.k.a.
public assistance programs. Social Insurance: Social Security, Unemployment
insurance, Medicare. Public Assistance Programs: Medicaid, Supplemental
Security Income, Temporary Assistance to Needy Families (TANF), Head Start,
Earned Income Tax Credit (EITC). In-kind benefits: Food stamps and housing
vouchers. Social Security provides payments to retired persons funded through
payroll taxes on employees and employers. The amount of money received after
retirement is contingent on the amount of money paid into the system while
working.
Problems arise on the
fact that the amount of money paid out to retirees comes from payroll taxes on
current workers’ salaries. The income problem is that middle class incomes have
been stagnant. The demographic problem: Post-WWII “baby boom” was followed by
declining birth rates, therefore there will be more people collecting in the
future but fewer people paying into the system —> social security is
mathematically unsustainable. Ratio of workers to Social Security beneficiaries
is declining. In 1945, 42 workers paid for one social security beneficiary. In
2005: 3.3 People were paying for each social security beneficiary. Republicans
would rather reduce the deficit than help the poor. Republicans would rather
keep military spending than reduce it. Both Republicans and Democrats want
to keep social security and Medicare benefits at current levels.
In Federalist
No. 78, Hamilton argued for life tenure for federalist judges. Hamilton said
the judicial branch would be the weakest of the three branches, and the best
way to ensure that judicial decisions are fair is to ensure they are free of
all allegiances except of to the rule of law.
The Supreme
Court is the nation’s highest court. A court’s jurisdiction is its authority to
hear cases of a particular type. Original
jurisdiction is the authority to be the first court to hear a case. The
Supreme Court’s original jurisdiction includes legal disputes involving cases
in which the opposing parties are state governments. Appellate jurisdiction is the authority to review cases that have
already been heard in lower courts and are appealed to a higher court by the
losing party. Higher courts are called appeals courts or appellate courts. The
Supreme Court does its most important work as an appellate court. Appellate
courts do not retry cases, but determine whether a trial court has acted in
accord with applicable law.
The Supreme
Court’s strongest power is judicial
review, where the Supreme Court declares another institution’s actions
unconstitutional. In Marbury v Madison,
the Supreme Court rebuked both the Congress and the President. The Supreme
Court’s primary responsibility is to establish legal precedents through which to guide lower courts.
If at least
four out of nine justices agree to hear a case, the Court issues a writ of certiorari, which is a request
to the lower court to submit to the Supreme Court a record of the case. Each
year about 8000 cases apply, but fewer than a hundred are granted certiorari.
The solicitor general is the top lawyer for
the United States Government. The Supreme Court is most likely to grant cases
appealed by the solicitor general.
John Roberts: sexy, conservative chief justice
During a
Supreme Court hearing, each side provides the Court a written brief. An amicus curiae is a brief submitted by a “friend of the court”. The
oral session is followed by the judicial
conference, which is where the judges debate in secrecy. The chief justice
has the choice to be the first speaker, through which he or she can persuade
the rest of the justices on a certain issue.
The court decision indicates
which party the Court supports and by how large a margin. An opinion includes the legal basis for a
decision. When a majority of justices agree, there is a majority opinion. A concurring
opinion is written when a judge votes with the majority but disagrees on
the reasoning. A judge who votes
against the majority writes a dissenting
opinion.
District courts are the lowest federal courts. When the losing side
appeals, the case goes up to the US Courts of Appeals. The US has thirteen
courts of appeals, eleven of which handle a circuit of which contains several
states. Another has a jurisdiction over appeals arising in the District of
Columbia and the other (The US Court of Appeals for the Federal Circuit) has
jurisdiction over appeals involving patents and international trade. Less than
1% of cases heard by federal appeals courts are heard by the Supreme Court. Many states elect federal court judges.
State courts decide more than 95%
of the cases in the United States. This is because state laws differentiate
from federal laws, and federal laws may not cover most issues.
The doctrine of judicial activism says that judges
should actively interpret the Constitution to reflect current conditions and
values. Warren Court in the late 1960s to the mid-1980s was a court of liberal
tendencies and made many key decisions supporting civil rights. On the
contrast, judicial restraint says
that judges should do little to play policymaking roles and leave them to the
legislatures. Rehnquist Court in the late 1980s to mid-2000s was a court of
conservative tendencies.
