Fullilove v. Klutznick | |
---|---|
Argued November 27, 1979 Decided July 2, 1980 | |
Full case name | H. Earl Fullilove, et al. v. Philip M. Klutznick, Secretary of Commerce, et al. |
Citations | 448 U.S. 448 ( more ) 100 S. Ct. 2758; 65 L. Ed. 2d 902; 1980 U.S. LEXIS 8 |
Case history | |
Prior | Complaint dismissed, Fullilove v. Kreps, 443 F. Supp. 253 (S.D.N.Y. 1977), affirmed, 584 F.2d 600 (2d Cir. 1978); cert. granted, 441 U.S. 960(1979). |
Holding | |
U.S. Congress can constitutionally use its spending power to remedy "past discrimination". | |
Court membership | |
| |
Case opinions | |
Plurality | Burger, joined by White, Powell |
Concurrence | Powell |
Concurrence | Marshall (in judgment), joined by Brennan, Blackmun |
Dissent | Stewart, joined by Rehnquist |
Dissent | Stevens |
Laws applied | |
U.S. Const. art. 1 § 8 | |
Overruled by | |
Adarand Constructors, Inc. v. Peña , 515 U.S. 200 (1995) (in part) |
Fullilove v. Klutznick, 448 U.S. 448 (1980), was a case in which the United States Supreme Court held that the U.S. Congress could constitutionally use its spending power to remedy past discrimination. [1] The case arose as a suit against the enforcement of provisions in a 1977 spending bill that required 10% of federal funds going towards public works programs to go to minority-owned companies.
The Court was deeply divided as to both the rationale for the decision and the outcome. Five separate opinions were filed, none of which commanded the support of more than three members of the Court. Chief Justice Burger wrote a plurality opinion, joined by Justices White and Powell; Justice Powell also wrote a separate concurrence. Justice Marshall delivered an opinion for a concurrence with an entirely different basis in law, joined by Justices Brennan and Blackmun. [1] Since there was neither a single opinion that represented the views of a majority of the court nor a clear proposition in opinion that commanded a majority, only the judgment of the court, affirming the United States Court of Appeals for the Second Circuit, unambiguously has precedential value.
The Court held that the minority set-aside program was a legitimate exercise of congressional power, and that under the particular facts at issue, Congress could pursue the objectives of the minority business enterprise program under the Spending Power. The plurality opinion noted that Congress could have regulated the practices of contractors on federally funded projects under the Commerce Clause as well. The plurality further held that in the remedial context, Congress did not have to act "in a wholly 'color-blind' fashion."
Two dissenting opinions were written, one by Justice Stewart, joined by Justice Rehnquist, and the other by Justice Stevens. Justice Stevens objected to the congressional procedures to determine the 10% set-aside figure. [1]
Fullilove v. Klutznick was overruled by Adarand Constructors, Inc. v. Peña . [2] There the Court adopted strict scrutiny for race preference in federal contracting. This brought the standard of review into uniformity with City of Richmond v. J.A. Croson Co. , which applied strict scrutiny for race preferences in state and local government contracting. [3]
Regents of the University of California v. Bakke, 438 U.S. 265 (1978), was a landmark decision by the Supreme Court of the United States that involved a dispute of whether preferential treatment for minorities could reduce educational opportunities for whites without violating the Constitution. It upheld affirmative action, allowing race to be one of several factors in college admission policy. However, the court ruled that specific racial quotas, such as the 16 out of 100 seats set aside for minority students by the University of California, Davis, School of Medicine, were impermissible.
Baker v. Carr, 369 U.S. 186 (1962), was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question under the equal protection clause of the Fourteenth Amendment, thus enabling federal courts to hear Fourteenth Amendment-based redistricting cases. The court summarized its Baker holding in a later decision as follows: "the Equal Protection Clause of the Fourteenth Amendment limits the authority of a State Legislature in designing the geographical districts from which representatives are chosen either for the State Legislature or for the Federal House of Representatives.". The court had previously held in Gomillion v. Lightfoot that districting claims over racial discrimination could be brought under the Fifteenth Amendment.
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law.
Miller v. Johnson, 515 U.S. 900 (1995), was a United States Supreme Court case concerning "affirmative gerrymandering/racial gerrymandering", where racial minority-majority electoral districts are created during redistricting to increase minority Congressional representation.
Frontiero v. Richardson, 411 U.S. 677 (1973), was a landmark United States Supreme Court case which decided that benefits given by the United States military to the family of service members cannot be given out differently because of sex. Frontiero is an important decision in several respects, including the fact that it informed the military establishment that in terms of pay, allowances and general treatment, women must be considered on an equal plane as men. However, the Court did not issue a broad decision requiring the military to prove in the courts its reasons for excluding women from combat positions.
Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995), was a landmark United States Supreme Court case which held that racial classifications, imposed by the federal government, must be analyzed under a standard of "strict scrutiny," the most stringent level of review which requires that racial classifications be narrowly tailored to further compelling governmental interests. Justice Sandra Day O'Connor wrote the majority opinion of the Court, which effectively overturned Metro Broadcasting, Inc. v. FCC, in which the Court had created a two tiered system for analyzing racial classifications. Adarand held the federal government to the same standards as the state and local governments through a process of "reverse incorporation," in which the 5th Amendment's Due Process Clause was held to bind the federal government to the same standards as state and local governments are bound under the 14th Amendment.
Powell v. McCormack, 395 U.S. 486 (1969), is a United States Supreme Court case that held that the Qualifications of Members Clause of Article I of the US Constitution is an exclusive list of qualifications of members of the House of Representatives, which may exclude a duly elected member for only those reasons enumerated in that clause.
City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989), was a case in which the United States Supreme Court held that the minority set-aside program of Richmond, Virginia, which gave preference to minority business enterprises (MBE) in the awarding of municipal contracts, was unconstitutional under the Equal Protection Clause. The Court found that the city failed to identify both the need for remedial action and that other non-discriminatory remedies would be insufficient.
Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701 (2007), also known as the PICS case, is a United States Supreme Court case which found it unconstitutional for a school district to use race as a factor in assigning students to schools in order to bring its racial composition in line with the composition of the district as a whole, unless it was remedying a prior history of de jure segregation. Chief Justice Roberts wrote in his plurality opinion that "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."
Hein v. Freedom From Religion Foundation, 551 U.S. 587 (2007), was a decision by the United States Supreme Court which ruled that taxpayers do not have the right to challenge the constitutionality of expenditures by the executive branch of the government. The issue was whether taxpayers have the right to challenge the existence of the White House Office of Faith-Based and Community Initiatives. The case centered on three Supreme Court precedents: Flast v. Cohen, Bowen v. Kendrick, and Valley Forge Christian College v. Americans United for Separation of Church & State.
Harris v. McRae, 448 U.S. 297 (1980), was a case in which the Supreme Court of the United States held that states participating in Medicaid are not required to fund medically necessary abortions for which federal reimbursement was unavailable as a result of the Hyde Amendment, which restricted the use of federal funds for abortion. The Court also held that the funding restrictions of the Hyde Amendment did not violate the Fifth Amendment or the Establishment Clause of the First Amendment.
Apodaca v. Oregon, 406 U.S. 404 (1972), was a United States Supreme Court case in which the Court held that state juries may convict a defendant by a less-than-unanimous verdict in a felony criminal case. The four-justice plurality opinion of the court, written by Justice White, affirmed the judgment of the Oregon Court of Appeals and held that there was no constitutional right to a unanimous verdict. Although federal law requires federal juries to reach criminal verdicts unanimously, the Court held Oregon's practice did not violate the Sixth Amendment right to trial by jury and so allowed it to continue. In Johnson v. Louisiana, a case decided on the same day, the Court held that Louisiana's similar practice of allowing criminal convictions by a jury vote of 9–3 did not violate due process or equal protection under the Fourteenth Amendment.
Wygant v. Jackson Board of Education, 476 U.S. 267 (1986), was a case before the United States Supreme Court. It is the seminal case for the "strong-basis-in-evidence standard" for affirmative action programs.
In United States law, City of Richmond v. J.A. Croson Co. (1989) established the basic principle that a governmental actor must provide a strong basis in evidence for its conclusion that remedial action is necessary.
Bush v. Vera, 517 U.S. 952 (1996), is a United States Supreme Court case concerning racial gerrymandering, where racial minority majority-electoral districts were created during Texas' 1990 redistricting to increase minority Congressional representation. The Supreme Court, in a plurality opinion, held that race was the predominant factor in the creation of the districts and that under a strict scrutiny standard the three districts were not narrowly tailored to further a compelling governmental interest.
Metro Broadcasting, Inc. v. FCC, 497 U.S. 547 (1990), was a case decided by the Supreme Court of the United States that held that intermediate scrutiny should be applied to equal protection challenges to federal statutes using benign racial classifications. The Court distinguished the previous year's decision City of Richmond v. J.A. Croson Co., by noting that it applied only to actions by state and local governments. Metro Broadcasting was overruled by Adarand Constructors, Inc. v. Peña, which held that strict scrutiny should be applied to federal laws that use benign racial classifications.
Lutheran Church–Missouri Synod v. FCC was a 1998 D.C. Circuit Court of Appeals case involving the Federal Communications Commission's (FCC) enforcement of the Equal Employment Opportunity Act and the Fifth Amendment. The FCC claimed that the Lutheran Church–Missouri Synod (LCMS) had violated the FCC's Equal Employment Opportunity requirements by not hiring enough minorities/women and by requiring a knowledge of Lutheran doctrine in order to be hired to work at its two FM and AM radio stations located in Clayton, Missouri.
Schuette v. Coalition to Defend Affirmative Action, 572 U.S. 291 (2014), was a landmark decision of the Supreme Court of the United States concerning affirmative action and race- and sex-based discrimination in public university admissions. In a 6-2 decision, the Court held that the Fourteenth Amendment's Equal Protection Clause does not prevent states from enacting bans on affirmative action in education.
Johnson v. Transportation Agency, 480 U.S. 616 (1987), is the only United States Supreme Court case to address a sex-based affirmative action plan in the employment context. The case was brought by Paul Johnson, a male Santa Clara Transportation Agency employee, who was passed over for a promotion in favor of Diane Joyce, a female employee who Johnson argued was less qualified. The Court found that the plan did not violate the protection against discrimination on the basis of sex in Title VII of the Civil Rights Act of 1964.
Colorado Republican Federal Campaign Committee v. FEC, 518 U.S. 604 (1996), was a case heard by the Supreme Court of the United States in which the Colorado Republican Party challenged the Federal Election Commission (FEC) as to whether the "Party Expenditure Provision" of the Federal Election Campaign Act of 1971 (FECA) violated the First Amendment right to free speech. This provision put a limit on the amount of money a national party could spend on a congressional candidate's campaign. The FEC argued that the Committee violated this provision when purchasing a radio advertisement that attacked the likely candidate of the Colorado Democratic Party. The court held that since the expenditures by the committee were made independently from a specific candidate, they did not violate the campaign contribution limitations established by the FECA, and were protected under the First Amendment.