Court cases & required documents

Fed. 10

Large republic favored as a form of government to prevent tranny, fear of factions as they can override interests of the minority. Strong fed gov could protect liberty, guards against factions

Brutus. 1

feared the constitution would take away the rights of the people. Didn’t like the strong central gov, especially with the necessary and proper clause along with the supremacy clause. That republics would only work on smaller scales(state). Also feared that the fed gov would grow over time Supreme Court would overshadow state courts

Declaration of Independence

13 colonies armed conflict with British gov to rule the territories. Many influenced by Enlightenment, gov could only rule if it had the consent of the governed. Attempted to impose taxes on them. This is a set of grievances and their explanation as to why they no longer consider themselves under British rule. People have the right to rebel against govs that no longer adequately represent their interests. Justified to declare sovereignty from colonial rule. As they violated their natural rights, they prefer a limited gov

Articles of Confederation

First constitution made by 13 colonies. To form a cohesive union governed by a written constitution. States in a “league of friendship” some sovereignty to a central gov. Fed gov too weak to impose taxes or have a military. Without this or power of the purse the fed gov could not take meaningful action to a National scale, rewritten to U.S Constitution

Constitution of the U.S

Established a strong fed gov, delegated certain rights to the states and protected personal rights and liberties of the American people. Replaced the Articles of Confederation and built on Enlightenment ideas about checks and balances and separation of powers that privileged the idea of a multi- branch gov in which each branch could balance out actions of the others to promote national stability. Established 3 branches of gov. Gave broad and expansive powers to fed gov. Gov had unenumerated powers. Elastic clause gave Congress the power to make all laws that are “necessary and proper” for the nation. Supreme Court gave guidance on how to interpret Commerce Clause an enumerated power gave Congress right to “regulate commerance” with foreign nations ect”. Able to maintain authority through the Supremacy clause ( supreme law of the land, laws and actions of the fed gov take priority over those in the states. (Fed gov can override state law and compel states to take certain actions) 7 goals of Constitution. ( popular sovereignty, limited gov, separation of powers, federalism, checks and balances, republicanism, individual rights)

Fed. 51

How U.S constitution developed a response to challenges of gov with separation of powers and checks and balances.(protects against factions gaining power overriding interests of the people) Responded to Brutus 1. Madison argued that balancing the branches of government against each other prevents a branch from gaining excessive power of people. Implements a compound republic, (checks and balances) safeguard rights of people. And protects from tyranny. Able to participate in republics at the local state and national level. Power against power.

Fed. 70

Discussed the ideal role and function of the executive committee/privy council. Unitary executive best option Bc it allowed the executive branch to operate with energy and safety. One person representing the whole branch increased the accountability of the executive branch. Plus easier for people to observe since it’s one person. Plus leads to more safety So president would be dependent on the people and feel a sense of direct responsibility for them. Plus increases chances of being observed. Groups can easily conceal faults and destroy responsibility (plus harder to watch a lot of people) Energy (ability to enforce laws) consists of unity, duration, salary and competent powers. Must hold a range of powers in one person, serve long enough to provide stability to the gov, receiver a salary so they would not be tempted to take bribes & have robust powers like vetoing actions by other branches (competent powers). Expanded presidential power especially in times of crisis

Fed. 78

Discussed the ideal role and function of the judiciary branch. Constitution outlines a judiciary branch that is independent (form of gov) and politically insulated while balancing its powers well against those of the other two branches of gov. Safeguards built like Supreme Court life appointments (and unelected officials) so they can focus on interpreting the Constitution without bias or influence. This branch has limits to its authority. Congress has power of the purse and executive has power over the military. Judiciary is the weakest. (Less chance of becoming corrupted). Power of judgment. Can review decisions made by other two branches to ensure that they fit within what is allowed with the Constitution, relies on other branches to enforce laws. Only interprets laws. Process of interpreting and applying the constitution called judicial review gives judiciary a aprópiate amount of power to participate in the checks and balances of the gov without giving too much authority. Design of judicial branch protect Supreme Court’s independence as a branch of gov & the imergence and use of judicial review remains a power of judicial practice. Executive- enforce laws. Legislative- make laws

Letter from Birmingham Jail

Dr. Martin Luther King Jr. lays out a argument on why nonviolent protest against segregation was immediately needed and the most effective option to correct the social ills faced by millions of African Americans. Taking protests to the streets was a legal, politician and religious obligation. (Sit ins & marches) constructive tension helps forward a meaningful discussions about race relations in America in a way that was not possible through the courts. Courts not allow change, only nonviolent protests as “freedom is never voluntarily given by the oppressor it must be demanded from the oppressed” . “Justice too long delayed is justice denied” on why his campaign to end segregation couldn’t be delayed. He and his followers are advocating for the rights already given to them by the U.S constitution & its equal protection clause.an unjust law doesn’t have to be obeyed.(crim Joe laws) Brown v. Board stopped this (to court) citizens of the u.s have “not only a legal but moral responsibility to obey just laws” and also “to disobey unjust laws” protesting segregation is both the legal and the moral thing to do.

Marbury v. Madison

Established authority of American courts to overturn laws & invalidate gov actions that violate the Constitution. President Thomas Jefferson came to office his secretary of state James Madison refused to deliver commissions from old president John Adams. Marburg And the other three individuals who were refused their commissions sued. The plaintiffs argued that Section 13 of the Judiciary Acto of 1789 gave the court authority to deliver a mandamus (judicial command) that would compel Madison to act. Court rules that the provision within the Judiciary act of 1789 was unconstitutional, that issuing writs of mandate was outside of “original jurisdiction” of the Supreme Court. Also that Congress in creating the Judiciary Act exceeded its authority. When an act of Congress is in conflict with the Constitution, Marshall wrote the court must uphold the constitution as supreme. First time court used the constitution to overrule congress. Established the judiciary as equal to executive/legislative branches and remains one of the foundational pillars of the American system of checks and balances.

Roe v. Wade

Women wanted a abortion but denied Bc of Texas law restricted abortion “for the purpose of saving the life of a mother”. Established pregnant women have a right to abortion without excessive gov restriction as an expression of their right to privacy. Jane Roe’s legal team argued that Texas law should be overturned Bc ut violated her right to privacy protected under the 1st,4th,5th,9th and 14th Amendments. A lower court ruled that the law was unconstitutional on the grounds that it violated the 9th Amendment and its implicit right to privacy. Ruled that “right to privacy” of the 14th Amendment constitutionally protects a woman’s right to have an abortion. Law was considered unconstitutional Bc it was too broad and did not balance the different stages of pregnancy or any mitigating factors. Established a constitutional right to abortion under a women’s right to privacy. It balanced the state’s interests in protecting its citizens.provides precedent for abortion law in the u.s, some cases have modified the trimester structure in the ruling and allowed states to place more regulations on first trimester abortions as long as they do not represent an “undue burden” on women.

Shaw v. Reno

Used Equal Protection Clause to mandate strict scrutiny for redistricting on the basis of race. North Carolina submitted the redistricting map that had one majority-minority black district. It was extremely long and oddly shaped. A group of white voters led by Shaw challenged this saying the way the map was drawn violated the Equal Protection Clause of the 14th Amendment and amounted to legislative gerrymandering. It was ruled that the shape was bizarre enough it couldn’t be explained as anything other than an attempt to separate voters along racial lines. Redistricting may take race into account & must not violate the Voting Rights Act, race cannot be the primary consideration when a jurisdiction redraws legislative district lines. It established that any legislative redistricting must be strictly scrutinized and that any laws related to racially motivated redistricting must be held to narrow standards & compelling gov interests.

Brown v. Board of Education

Brown wanted to enroll his daughter in a public school close to home but was denied Bc of the color of her skin and sent to a segregated school farther away. He and families filed a lawsuit against the Board of Education saying it violated the 14th Amendment. (Equal Protection Clause) The Board’s justification was the Plessy v. Ferguson case saying “separate but equal”. Court ruled that “separate educational facilities are inherently unequal” bc racial segregation had a negative effect on the minority group. overturned Plessy v. Ferguson. Forced schools to Integrate. Established that racial segregation was unconstitutional.

Baker v. Carr

Charles and the citizens of Tennessee sued Joe Carr Bc of the alleging that the state had failed to redraw its legislative districts since 1901. The problem was that the population shifted and this over represented in the old legislative districts. They argued that the issue of legislative redistricting was a “non judicial” political question. Court ruled in favor of Baker/Tennessee they of didn’t contain any politician questions and legislative redistricting was a appropriate matter which the court could intervene. It laid the important precedent for the ability of the judiciary to weigh in on issues of the legislative apportionment. Strengthened “one person one vote” in the American political landscape.

Citizens United v. Federal Election Commission

Free speech clause of the 1st Amendment covers political spending by corporations, labor unions and other groups. A conservative organization made a movie “Hillary the movie” and was intended to influence voters. A lower court ruled that Citizens United film violated the 2002 Bipartisan Campaign Reform Acts prohibiting of “electioneering communication” by a corporation or labor union by a corporation immediately before the election. It was appealed and they faced questions like the McClain Feingold Act. It was ruled that the 1st Amendment protects political spending by advocacy groups and political action committees that BCRA’s restrictions on such spending were unconstitutional.

New York Times v. Untied States

Daniel Ellsberg leaked classified reports about u.s involvement in the Vietnam war to the New York Times. A cease and desist order was challenged on both sides. The court ruled that New York Times could continue to publish the documents from the Pentagon bc the gov has not shown why they could use prior restraint was justified against them. It established a precedent for limiting prior restraint in the press, even in national security cases. And that prior restraint can be allowed if specific consequences of publishing were articulated.(freedom of the press could not be curtailed by presidential claims of executive privilege)

Tinker v. Des Moines

Established that students may exercise their 1st Amendment rights in public school as long as their actions do not cause a “substantial disruption”. 5 students protested about the u.s involvement in the Vietnam war. They did this by wearing black arms bands but were suspended bc they violated a school policy and refused to take them off. The ruling was that armbands did not cause a disruption in the school environment and therefore represented an aprópiate and constitutionally protected expression of symbolic speech protected by the 1st Amendment. It expanded fist amendment rights to students. But some speech is limited that is vulgar likely to cause “substantial disruption” or “racially hostile” even if it disruptive.

McDonald v. City of Chicago

The 2nd Amendment applies to the states though the doctrine of selective incorporation. McDonald tried to legally purchase a handgun for self defense purposes but was unable Bc of the city wide handgun ban. He and the other Chicago residents sued the city for limiting their rights to keep and bear arms under the 2nd Amendment. Court ruled that states cannot impede their rights to keep and bear arms of the 2nd Amendment. With the court’s understanding of the 14th Amendment which said that states do not have rights to deprive them of rights or prívelges. Set a precedent for overturning state laws restricting handgun ownership. Some argued there is no “private right of armed self defense” set the stage for future court battles that could restrict private gun ownership.

Wisconsin v. Yoder

Amish families could not be required to send their children to public education past the 8th grade. Some Amish families refused to enroll their children in public school Bc they believed it would violate their religious convictions. They were convicted of violating the Wisconsin compulsory School Attendance law. In the end the Court ruled in favor of the Amish families that public high school education was in sharp conflict with the fundamental mode of life mandated by the Amish religion, he said it would be a violation of the 1st Amendment’s free exercise clause to force Amish children to attend public school. Precedent that parents were allowed to educate their children outside of either public school system or traditional private school. Prioritized the free exercise of religion over state interests.

Schenck v. United States

The 1st Amendment does not protect speech that creates a “clear and present danger”. The U.S was drafting people but members of the executive committee socialist party Charles Schenck and Elizabeth Bart are charged of violating the Espionage Act of 1917 Bc of them creating a pamphlet urging people to resist the draft. Court rules in (favor the of U.S )convictions of Schenck and Baer were constitutional Bc in wartime free speech can be limited, permissible under the 1st Amendment. If it Established a “clear and present danger “ test when free speech can be limited under the constitution. Congress has a right to prevent those acts.

Engel v. Vitale

It’s unconstitutional for schools to lead students in prayer. The state of New York passed legislation when you had to Pledge Alliegence to the flag, students that objected weren’t forced to. A group of families led by Engel sued Vitale arguing that the prayer violated the Establishment clause (congress shall make no law respecting a establishment of religion) of the 1st Amendment. Court ruled that public schools cannot promote prayers Bc it was a violation of the Establishment clause of the 1st Amendment. This limited gov directed prayer in public school systems through several subsequent landmark court decisions. Has been used to determine that silent prayer, clergy-led prayers at graduation ceremonies and student led prayer at public school events all violate the 1st Amendment.

Gideon v. Wainwright

Guaranteed the right to an attorney for those who could not afford one. Gideon was arrested for breaking and stealing. In court he was unable to afford a attorney. Attorneys were only offered in capital cases, so he represented himself. without legal counsel, Gideon was unable to defend himself adequately and was convicted. He petitioned a writ of certiorari claiming that he had been denied his 6th Amendment right to an attorney. The court decided to apply attorneys to all cases making it binding on the states for all criminal defendants.this expanded Leigh’s of the accused though selective incorporation of the 6th Amendment.

Mcculloch v. Maryland

The supremacy of the Constitution, the expansion of Congress’s powers beyond those enumerated, and the inferior status of state laws in relation to federal laws. The state of Maryland sued Mcchollch for denying to pay taxes imposed by them Bc he thought they were unconstitutional. In court it was ruled that Maryland’s taxes were illegitimate and unconstitutional to tax the bank, was seen as a attempt to violate the constitution. While the creation of a national bank went not a enumerated power it’s an implied power to levy money and regulate currency. It wasn’t explicitly said but an implied power in the Constitution was the reasoning. The fed gov had the authority to act beyond what is explicitly outlined in the Constitution and it cemented the supremacy of fed over state law.

United States v. Lopez

Limited congressional powers under the Commerce Clause by ruling that Congress is not authorized to regulate the carrying of firearms. The topic was about the charges. The nation had issued a new law making it illegal to possess a firearm in school. He got arrested but he argued that the act he had been convicted under was unconstitutional, that Congress has exceeded its scope of authority under the Commerce Clause by attempting to legislatively control public schools. (Didn’t have power to do that).Gov argued that possession of firearms in educational environments would lead to crime and ultimately weaken national Economy, thus being able to use the Commerce Clause. The court ruled in favor of Lopez 5-4. Declared in opposition to the gov that the possession of a firearm in a local school zone does not constitute economic activity and therefore has no substantial effect on interstate commerce. Affirmed that Congress has broad law making power under Commerce Clause, the court ruled that the Commerce Clause does not extend the power of Congress to the issue of firearm regulation. Congress had exceeded its constitutional authority under the Commerce Clause . Upheld the legal principle that states should control local issues such as firearm possession in school zones.