"There is hardly a political question in the United States which does not sooner or later
turn into a judicial one."
-- Alexis de Tocqueville, French statesman and author, 1805-1859.
BACKGROUND
The driver in this analogy, of course, is the Minnesota Legislature -- the chief architect of the varied legal avenues that have been charted in Minnesota. And the people in the robes comprise the Minnesota Supreme Court, which can determine whether the laws are safe -- from a constitutional standpoint -- to travel. When passing laws, legislators are continually looking over their shoulders at the courts and wondering how Minnesota Supreme Court justices would view a law. These seven people ultimately determine whether a law passed by the Legislature violates the Minnesota Constitution.
The car-backseat driver analogy would probably be lost on Alexis de Tocqueville, who wrote in the 19th century. But his poignant observation still has merit today. During debates at the Legislature, hardly a day passes, it seems, when one lawmaker or another doesn't question the constitutionality of a proposed law.
In 1986, for example, several representatives wondered whether a controversial Ofetal death" bill would hold up in court. And in 1987, there was discussion about whether a bill requiring the Amish to display the orange, slow-moving vehicle triangle would violate the Amish right to freely practice their religion. Here's a brief discussion of those two laws passed by the Legislature and the court's subsequent interpretation of them.
Fetal death law
The concern at the Legislature was that the Minnesota fetal death law, which is said to be the most stringent in the nation, protected all fetuses -- not just ones that are Oviable" (sometimes defined as more than 20 weeks old).
Just two years after the bill was approved and signed into law, the fetal death law was challenged in court by a man who was accused of killing a woman and her four-week-old embryo. Sean Patrick Merrill of Rochester argued that he was denied equal protection under the law because he was accused of killing a fetus that wasn't viable. Merrill said that women who seek abortions essentially do the same thing and aren't charged with a crime, so he shouldn't be charged either. The Minnesota Constitution states that everyone should be treated equally by the law.
But after several court battles, the Minnesota Supreme Court upheld the fetal-death law, ruling that the two situations are not similar because the person who assaults a pregnant woman kills the fetus without the woman's consent.
After the U.S. Supreme Court refused to hear the case, Merrill admitted killing the woman and her embryo and pleaded guilty to two counts of second-degree murder.
So, in this case, the Minnesota Supreme Court upheld a law that was approved by the Legislature.
Minnesota Amish
The law permitted the Amish, some of whom object on religious grounds to the orange, slow-moving vehicle emblem, to affix a dull, black triangle to the back of their horse-drawn buggies during the day. But the law specified that the orange triangle had to be displayed at night and during inclement weather.
Some of the Amish refused to abide by the law, arguing that it infringes on their constitutional right to freedom of religious expression. Some of the plain-living Amish, who shun the use of bright colors, maintained that the orange triangle was a "worldly symbol." The Amish place a high priority on remaining separate and distinct from the rest of society.
In a unanimous opinion, the Minnesota Supreme Court upheld the Amish position, and ruled that they cannot be forced to follow the sign law.
The court said that although the state has a compelling public safety interest which the sign law serves, a less restrictive alternative (silver reflective tape and red lanterns) is available. The law as it applies to the Amish is invalid, the court ruled.
So, in this case, the Minnesota Supreme Court struck down a law that was approved by the Legislature, and the law was subsequently removed from the statute books.
Although the judiciary and the legislature are two separate branches of government, it's easy to see how intertwined they can become.
Court structure
District court
District court judges are elected to six-year terms, but they are usually first appointed to the position by the governor when a judicial vacancy occurs. Decisions from district court can be appealed to the Minnesota Court of Appeals. However, when a person is convicted of first-degree murder in a district court, the decision is automatically appealed to the Minnesota Supreme Court.
Minnesota Court of Appeals
Minnesota Supreme Court
The state Supreme Court also makes rules for all of the state's courts and decides when attorneys should be disciplined. Members of the Supreme Court are referred to as justices rather than judges. They, too, are elected to six-year terms, although the governor has the authority to fill a vacancy whenever it occurs. The governor also appoints the chief justice.
Federal court system
In Minnesota, the federal district court holds hearings in Minneapolis, St. Paul, and Duluth. Decisions can be appealed to the Eighth Circuit Court of Appeals, which, in turn, can be appealed to the U.S. Supreme Court.
So the U.S. Supreme Court can hear appeals from several sources: any of the 11 federal circuit court of appeals and any of the state supreme courts, such as the Minnesota Supreme Court.
NEW TERMS
SUGGESTED ACTIVITIES
Choose a controversial law passed by the Minnesota Legislature and discuss its ramifications. Should some people who throw parties in their homes where alcohol is served be held liable for damages in certain cases? The Legislature, in 1990, left the door open a crack for these types of lawsuits to be brought. For more information on this law and others passed in 1990, see Appendix E-6. This could provide some ideas to generate class discussions.
Intermediate
As part of the mock legislature, a student could pose as a district court judge, or a group of students could preside as the Minnesota Supreme Court. The student or students could then decide whether a law was constitutional. Although the state Supreme Court is the court of last resort for interpreting laws under the Minnesota Constitution, it's probably easier for students to use the U.S. Constitution as their guide. The U.S. Constitution is probably more familiar to students and is often included in a section of an ordinary dictionary. If the question of constitutionality is too difficult to decide, the debate could be limited to whether the law is simply good or bad.
Advanced
Select a controversial law that has been passed by the Legislature which has subsequently been challenged in court such as the laws addressing fetal death and the Amish. Then, obtain the court's decision on the law, whether it's from a district court, the Minnesota Court of Appeals, or the Minnesota Supreme Court. This information could be used for the final chapter in the backtracking-a-bill exercise. Daily newspapers are a good source for these types of court cases. As was mentioned before, Minnesota laws and laws from other states are often challenged on constitutional grounds.
Introduction