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Elrod Vs. Burns
Cites for this judgment
- US Supreme Court
- Jun 28, 1976
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U.S. 347 (1976) U.S. Supreme Court Elrod v. BurnsSearch
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U.S. 347 (1976) Elrod v. BurnsSearch
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force a public employee to relinquish his right to political association as the price of holding a public job, Perry v. SindermannSearch
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Keyishian v. BoardSearch
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only by interests of vital importance, the burden of proving the existence of which rests upon the government, Buckley v. ValeoSearch
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be granted. The United States Court of Appeals for the Seventh Circuit, relying on Illinois State Employees Union v. LewisSearch
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its resolution is committed by the Constitution to a branch of the Federal Government other than this Court. Baker v. CarrSearch
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a function ultimately the responsibility of this Court. Id. at 369 U. S. 211 . See Powell v. McCormackSearch
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President. The political question doctrine, therefore, is no obstacle to judicial review in this case. See Williams v. RhodesSearch
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executed requires the power of appointment or removal at will, unimpaired by any judicial oversight. They cite Myers v. UnitedSearch
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This trend led the Court to observe in CSC v. LetterSearch
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viewed in retrospect, may help to assess its workings with respect to constitutional limitations. Compare Brown v. BoardSearch
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of Education, 347 U. S. 483 (1954), with Page 427 U. S. 355 Plessy v. FergusonSearch
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s views and ultimately his own beliefs, and any assessment of his salary is tantamount to coerced belief. See Buckley v. ValeoSearch
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of the nature of the inducement, whether it be by the denial of public employment or, as in Board of Education v. BarnetteSearch
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beliefs and ideas is a form of 'orderly group activity' protected by the First and Fourteenth Amendments. NAACP v. ButtonSearch
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Bates v. LittleSearch
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Illinois State Employees Union v. LewisSearch
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through the conditioning of public employment on political faith. The Court recognized in United Public Workers v. MitchellSearch
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This Page 427 U. S. 358 principle was reaffirmed in Wieman v. UpdegraffSearch
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to establish their loyalty by extracting an oath denying past affiliation with Communists. And in Cafeteria Workers v. McElroySearch
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Particularly pertinent to the constitutionality of the practice of patronage dismissals are Keyishian v. BoardSearch
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of Regents, 385 U. S. 589 (1967), and Perry v. SindermannSearch
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could not command directly.' Speiser v. RandallSearch
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to dispose of one suggested by petitioners' reference to this Court's affirmance by an equally divided court in Bailey v. RichardsonSearch
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U. S. 634 , 413 U. S. 644 (1973) (quoting Graham v. RichardsonSearch
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is firmly established that a significant impairment of First Amendment rights must survive exacting scrutiny. Buckley v. ValeoSearch
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one of vital importance, and the burden is on the government to show the existence of such an interest. Buckley v. ValeoSearch
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it is not enough that the means chosen in furtherance of the interest be rationally related to that end. Sherbert v. VernerSearch
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interest provided by the means must outweigh the incurred loss of protected rights, see United Public Workers v. MitchellSearch
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supra at 414 U. S. 59 (citations omitted). See United States v. RobelSearch
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U.S. Supreme Court Elrod v. BurnsSearch
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Court. Baker v. CarrSearch
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See Powell v. McCormackSearch
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