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Buckley v. Valeo, 424 US 1 (1976)
In a Per curiam decision regarding recent legislative amendments to the Federal Election Campaign Act of 1971, the Court voted 7-1 in favor of Buckley, and upheld part of the legislation as constitutional, while striking down another part as unconstitutional.
The amendments sought to reduce corruption in elections by placing a $1,000 limit on individual campaign contributions, forcing disclosure of political contributions above a certain threshold, and instituting a public finance option candidates could choose in place of accepting private contributions. The Court held that these restrictions were constitutional and served a valid government interest.
Unlike contributions, however, the Court ruled limiting campaign expenditures did nothing to reduce the potential for corruption, and therefore did not serve a significant government interest.
In an unrelated part of the legislation, the Supreme Court held that a complex amendment to the process for appointing members to the Federal Election Commission represented an unconstitutional breach of separation of powers, because the method employed allowed the House and Senate to appoint two members each, in violation of article II of the Constitution. The right to appoint officers to service of the United States is reserved exclusively for the President, and Congress could confer no powers on the members it selected.
Chief Justice Warren Burger proffered the only no vote; Justice Stevens did not participate on the case; some of the other justices expressed some ambivalence by issuing separate opinions concurring in part and dissenting in part, with little agreement over which parts were problematic.
Majority for Buckley
Justice William Brennan, Jr.
Justice Potter Stewart
Justice Byron White......................(separate opinion: concur/dissent)
Justice Thurgood Marshall.............(separate opinion: concur/dissent)
Justice Harry Blackmun.................(separate opinion: concur/dissent)
Justice Lewis F. Powell, Jr.
Justice William H. Rehnquist..........(separate opinion: concur/dissent)
Against Buckley
Chief Justice Warren Burger...........(separate opinion: concur/dissent)
Not Participating
Justice John Paul Stevens
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What is the 'opinion of the Court'?
The Court's Opinion is synonymous with the Court's decision, and usually refers to the majority opinion. The "Opinion of the Court" gives the verdict and explains the reasoning behind the decision reached. The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he (or she) voted with the majority; this person may choose to write the opinion, or may assign the task to another member of the majority. If the justices who voted against the majority wish to issue a unified opinion, they simply decide amongst themselves who will write it. Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with, even if they agree with more than one point-of-view. This generally strengthens the opinion.
How many votes are needed to accept a case in the US Supreme Court?
It requires the vote of at least four of the nine US Supreme Court justices to grant a petition for writ of certiorari. If four Justices agree, the Supreme Court will accept the case. This is referred to as the "Rule of Four."
Which key player on the US Supreme Court either writes or assigns the majority opinion?
The Chief Justice if he (or she) voted with the majority; otherwise, the senior justice in the majority group assigns the task or writes the opinion him- or herself.More InformationThe "opinion of the Court" is synonymous with the Court's decision. The Opinion gives the verdict and explains the reasoning behind the decision reached. The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he voted with the majority. This person may choose to write the opinion, or may assign the task to another member of the majority.If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion.Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the opinion.All published opinions except for Per Curiam decisions may be used as precedent in future litigation.
What Supreme Court Justices voted for our right to burn the US flag?
The Supreme Court 5-4 decision in the Texas vs Johnson case was handed down on June 21, 1989. Justices William Brennan, Anthony Kennedy, Thurgood Marshall, Harry Blackmun and Antonin Scalia were the majority decision.
Which of the supreme court justices has most frequently voted in favor of increased federal power?
Thomas
Who usually writes US Supreme Court opinions?
The "opinion of the Court" is synonymous with the Court's decision. The Opinion gives the verdict and explains the reasoning behind the decision reached. The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he (or she) voted with the majority. This person may choose to write the opinion, or may assign the task to another member of the majority.If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion.Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the opinion.All published opinions except for Per Curiam decisions may be used as precedent in future litigation.
Who decides which justice writes the dissenting opinion in a Supreme Court case?
If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion. Individual justices may write their own (concurring or dissenting) opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the opinion.
Are the justices on the Supreme Court voted for?
Yes. Justices of the Supreme Court of the United States are appointed by the President, and confirmed by a vote in the Senate. However, ordinary citizens do not take part in this process.
How many conservative judges voted for roe v wade?
None. The landmark Supreme Court case Roe v. Wade, which legalized abortion in the United States, was decided in 1973. At that time, the Supreme Court had a majority of justices appointed by Republican presidents, who generally aligned with conservative ideology on social issues. However, the Court's decision in Roe v. Wade was upheld by a majority of justices who were appointed by both Republican and Democratic presidents.
How were the decisions made by the constitutional convention?
Decisions were made by a majority vote in a state.
Why did they pick the Olympics to happen in Canada?
Everyone voted for and majority!
How was Andrew Jackson elected for president?
people voted. the majority voted 4 Jackson. their reasoning was that since they were uneducated, to vote 4 the 1 that fought a battle. despite all odds against him, the idiots made up the majority of people that voted.
