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Rodríguez v. Popular Democratic Party

From Wikipedia, the free encyclopedia

Rodríguez v. Popular Democratic Party of Puerto Rico
Argued March 22, 1982
Decided June 7, 1982
Full case nameJesus Rivera Rodríguez, et al. v. Popular Democratic Party, et al.
Citations457 U.S. 1 (more)
102 S. Ct. 2194; 72 L. Ed. 2d 628; 1982 U.S. LEXIS 115; 50 U.S.L.W. 4599
Case history
PriorSuperior Court of Puerto Rico, Judgment for Popular Democratic Party
SubsequentSupreme Court of Puerto Rico, Judgment for Carlos Romero Barcelo, Governor of Puerto Rico
Holding
Whether Puerto Rico may, by statute, vest in a political party the power to fill an interim vacancy in the Puerto Rico Legislature. The Supreme Court of Puerto Rico held that such a procedure did not violate the Constitution of the United States.[1]
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
John P. Stevens · Sandra Day O'Connor
Case opinion
MajorityBurger, joined by unanimous
Laws applied
U.S. Const. article I, section 2, and US Const. Amendment 17, clause 2; Art. III, § 8. Article 5.006 of the Puerto Rico Electoral Law

Rodríguez v. Popular Democratic Party, 457 U.S. 1 (1982), was a case in which the Supreme Court of the United States heard on appeal from the Supreme Court of Puerto Rico whether Puerto Rico may by statute vest in a political party the power to fill an interim vacancy in the Puerto Rico Legislature. The Supreme Court of Puerto Rico held that such a procedure did not violate the United States Constitution, and the US Supreme Court upheld the decision of the Supreme Court of Puerto Rico.[2] The case was of some interest to close followers of the Court as it featured the one and only return of former associate justice, Abe Fortas, now in private practice, at oral argument on behalf of the appellee.

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Transcription

Have you ever wondered who has the authority to make laws or punish people who break them? When we think of power in the United States, we usually think of the President, but he does not act alone. In fact, he is only one piece of the power puzzle and for very good reason. When the American Revolution ended in 1783, the United States government was in a state of change. The founding fathers knew that they did not want to establish another country that was ruled by a king, so the discussions were centered on having a strong and fair national government that protected individual freedoms and did not abuse its power. When the new constitution was adopted in 1787, the structure of the infant government of the United States called for three separate branches, each with their own powers, and a system of checks and balances. This would ensure that no one branch would ever become too powerful because the other branches would always be able to check the power of the other two. These branches work together to run the country and set guidelines for us all to live by. The legislative branch is described in Article 1 of the U.S. Constitution. Many people feel that the founding fathers put this branch in the document first because they thought it was the most important. The legislative branch is comprised of 100 U.S. Senators and 435 members in the U.S. House of Representatives. This is better known as the U.S. Congress. Making laws is the primary function of the legislative branch, but it is also responsible for approving federal judges and justices, passing the national budget, and declaring war. Each state gets two Senators and some number of Representatives, depending on how many people live in that state. The executive branch is described in Article 2 of the Constitution. The leaders of this branch of government are the President and Vice President, who are responsible for enforcing the laws that Congress sets forth. The President works closely with a group of advisors, known as the Cabinet. These appointed helpers assist the President in making important decisions within their area of expertise, such as defense, the treasury, and homeland security. The executive branch also appoints government officials, commands the armed forces, and meets with leaders of other nations. All that combined is a lot of work for a lot of people. In fact, the executive branch employs over 4 million people to get everything done. The third brand of the U.S. government is the judicial branch and is detailed in Article 3. This branch is comprised of all the courts in the land, from the federal district courts to the U.S. Supreme Court. These courts interpret our nation's laws and punish those who break them. The highest court, the Supreme Court, settles disputes among states, hears appeals from state and federal courts, and determines if federal laws are constitutional. There are nine justices on the Supreme Court, and, unlike any other job in our government, Supreme Court justices are appointed for life, or for as long as they want to stay. Our democracy depends on an informed citizenry, so it is our duty to know how it works and what authority each branch of government has over its citizens. Besides voting, chances are that some time in your life you'll be called upon to participate in your government, whether it is to serve on a jury, testify in court, or petition your Congress person to pass or defeat an idea for a law. By knowning the branches, who runs them, and how they work together, you can be involved, informed, and intelligent.

Background

A member of appellee Popular Democratic Party (hereafter "appellee") who was elected in the November, 1980, general election to the Puerto Rico House of Representatives from District 31, died in 1981. The Governor of Puerto Rico subsequently called for a "by-election" — open to all qualified voters in District 31 — to fill the vacancy. Appellee then filed suit in the Superior Court of Puerto Rico, alleging that the Puerto Rico statutes under which the Governor purported to act authorized only candidates and electors affiliated with appellee to participate in the by-election. Appellants, qualified electors in District 31 who are not affiliated with appellee, intervened as defendants. The court entered judgment for appellee. The Puerto Rico Supreme Court modified the Superior Court's judgment, holding, inter alia, that the pertinent statute, as properly construed, requires a by-election only if the party of the legislator vacating the seat fails to designate a replacement within 60 days after the vacancy occurs, and that, if the party selects a single candidate within such period, that candidate is declared "automatically elected to fill the vacancy." The court rejected appellants' contention that this procedure violated the Federal Constitution. While the case was pending before the Puerto Rico Supreme Court, appellee held a primary election in which only its members were permitted to participate, and which resulted in the selection of a person who, pursuant to the Supreme Court's mandate, was sworn in as the new representative from District 31.

See also

References

External links

This page was last edited on 13 September 2023, at 03:00
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