Principles of American Govt Exam 2

Wisconsin v. Yoder facts

• 1972

• Three Amish parents refused to send their children to public school after the 8th grade.

• Wisconsin required school attendance until age 16.

• The Amish believed high school education would threaten their religious way of life.

Wisconsin v. Yoder amendments associated

• 1st Amendment — Free Exercise Clause

• 14th Amendment — applies the Bill of Rights to the states.

Final decision of Wisconsin v. Yoder

7–0 decision in favor of the Amish parents

Legal Reasoning for the final decision of Wisconsin v. Yoder

• The Free Exercise Clause protects religious practices.

• The state’s interest in education must be balanced with religious liberty.

• Amish education prepares children for their adult roles in Amish society.

• The Court emphasized the long history and sincerity of Amish beliefs.

• The Amish community is self-sufficient and stable.

• Two additional years of schooling would not significantly improve the state’s interest in education.

Employment Division v. Smith Facts

• 1990

• Two Native American counselors were fired for using peyote during a religious ceremony.

• Oregon denied unemployment benefits because peyote use was illegal.

Amendments Associated with Employment Division v. Smith

• 1st Amendment — Free Exercise Clause

Final Decision of Employment Division v. Smith

6–3 against the employees.

(Religion does not excuse someone from following general laws.)

Legal Reasoning of Employment Division v. Smith

• Neutral laws of general applicability must be obeyed.

• The government does not need a compelling interest if the law applies to everyone equally.

• Allowing religious exemptions from every law would make it impossible to enforce laws.

• Individuals cannot become “a law unto themselves.”

Employment Division v. Smith, RLUIPA or RFRA

led Congress to pass the Religious Freedom Restoration Act (RFRA) in 1993.

Holt v. Hobbs Facts

• 2015

• Muslim inmate Gregory Holt wanted to grow a ½-inch beard for religious reasons.

• Arkansas prison policy banned beards except for medical reasons.

amendments associated with Holt v. Hobbs

1st Amendment — Free Exercise Clause.

Final Decision of Holt v. Hobbs

• 9–0 decision in favor of Holt.

• The prison rule went too far.

Legal Reasoning of Holt v. Hobbs

• The case was decided under RLUIPA.

• Government must prove restrictions are the least restrictive means to achieve a compelling interest.

• The prison did not prove that a short beard created real security risks.

• Other prisons allow beards safely.

Roe v. Wade Facts

• 1973

• Texas banned abortion except to save the mother’s life.

amendments associated with Roe v. Wade

• 14th Amendment — Due Process Clause (right to privacy).

• 9th Amendment — supports the idea of unenumerated rights.

Final Decision of Roe v. Wade

• 7–2 decision recognizing a constitutional right to abortion.

Legal Reasoning of Roe v. Wade

• The Constitution protects a right to privacy.

• That privacy includes decisions about abortion.

• The Court identified three state interests:

  • Protecting women’s health

  • Protecting potential life

  • Historically discouraging immoral sexual behavior (not taken seriously by the Court)

Trimester Framework of Roe v. Wade

• First trimester

  • Decision left to the woman and doctor.

• Second trimester

  • State may regulate to protect maternal health.

• Third trimester

  • State may restrict abortion to protect potential life.

Dissent of Roe v. Wade

• Justice White

• Justice Rehnquist

  • Argued abortion is not mentioned in the Constitution.

Planned Parenthood v. Casey Facts

• 1992

• Pennsylvania imposed several abortion regulations.

amendments associated with Planned Parenthood v. Casey

14th Amendment — Due Process Clause.

Final Decision of Planned Parenthood v. Casey

• 5–4 decision reaffirming Roe but modifying its framework.

• For dummies: Abortion is still protected, but states can regulate more.

Legal Rule Created from PP v. Casey

• Undue Burden Test

• A law is unconstitutional if it creates a substantial obstacle in the path of a woman seeking an abortion.

• Allowed

  • 24-hour waiting period

  • Informed consent

  • Parental consent with judicial bypass

  • Recordkeeping requirements

• Not Allowed

  • Spousal notification

reasoning of PP v. Casey

• Spousal notification could expose women to abuse or coercion.

• The Court rejected Roe’s trimester system.

• Instead, the key dividing line became viability (when the fetus can survive outside the womb).

Dissent

• Scalia, Rehnquist, White, Thomas

  • Argued Roe should be overturned.

Dobbs v. Jackson Women’s Health Organization Facts

• 2022

• Mississippi banned abortions after 15 weeks.

amendments involved in Dobbs v. Jackson Women’s Health Organization

14th Amendment

final decision of Dobbs v. Jackson Women’s Health Organization

• Roe and Casey overturned.

• For dummies: The Constitution does not protect abortion.

legal reasoning for the decision of Dobbs v. Jackson Women’s Health Organization

• Abortion is not mentioned in the Constitution.

• It is not deeply rooted in American history and tradition.

• Regulation of abortion should be decided by the states.

dissent of Dobbs v. Jackson Women’s Health Organization

• Breyer, Sotomayor, Kagan

  • Argued the decision removes a long-recognized right.

Lee v. Weisman Facts

• 1992

• A rabbi was invited to give a prayer at a public school graduation.

amendments involved in Lee v. Weisman

1st Amendment — Establishment Clause

final decision of Lee v. Weisman

• 5–4 decision declaring the prayer unconstitutional.

For dummies: Public schools cannot pressure students to participate in religious activities.

legal reasoning behind the final decision of Lee v. Weisman

• The Court created the Coercion Test.

• Even psychological pressure to participate in prayer violates the Establishment Clause.

dissent of Lee v. Weisman

• Scalia, Rehnquist, White, Thomas

  • Argued there was no real coercion.

Obergefell v. Hodges Facts

Same-sex couples challenged state bans on same-sex marriage

amendments inivolved in Obergefell v. Hodges

• 14th Amendment

  • Due Process Clause

  • Equal Protection Clause.

final decision of Obergefell v. Hodges

5–4 decision legalizing same-sex marriage nationwide.

Legal Reasoning for the final decision of Obergefell v. Hodges

• Individual autonomy

  • Choosing who to marry is a personal liberty.

• Two-person union

  • Marriage creates a committed partnership.

• Protection of children and families

  • Marriage provides stability and legal protections.

• Foundation of social order

  • Marriage grants many legal benefits.

• Denying marriage to same-sex couples harms dignity and equality.

• Due Process and Equal Protection work together.

dissent of Obergefell v. Hodges

• Roberts, Scalia, Thomas, Alito

  • Argued the Constitution does not address same-sex marriage.

Plessy v. Ferguson Facts

Louisiana required separate train cars for white and Black passengers.

Amendments involved in Plessy v. Ferguson

14th Amendment — Equal Protection Clause.

Final Decision of Plessy v. Ferguson

7–1 upheld segregation.

Brown v. Board of Education Facts

• 1954

• Segregated public schools.

amendements involved in Brown v. Board of Education

14th Amendment — Equal Protection Clause.

Final Decision of Brown v. Board of Education

9–0 ruling that segregation in schools is unconstitutional.

Legal Reasoning of Brown v. Board of Education

• Segregation creates feelings of inferiority in minority children.

• Education is essential for democracy.

• The Court relied on social science evidence about psychological harm.

Grutter v. Bollinger Facts

University of Michigan Law School considered race in admissions.

Amendments associated with Grutter v. Bollinger

14th Amendment — Equal Protection Clause.

Final Decision of Grutter v. Bollinger

5–4 upheld the admissions policy.

Reasoning of Grutter v. Bollinger

• Racial classifications must pass strict scrutiny.

• Diversity is a compelling government interest.

• Race must only be a plus factor.

• Universities cannot use quotas.

Key Concepts of Grutter v. Bollinger

Strict Scrutiny

• Government must show

  • compelling interest

  • narrowly tailored policy.

Critical Mass

• Enough minority students to create meaningful diversity.

Dissent of Grutter v. Bollinger

• Rehnquist, Scalia, Kennedy, Thomas

  • Argued the policy was racial balancing.

Students for Fair Admissions v. Harvard Facts

• 2023

• Harvard considered race in admissions decisions.

amendments involved in Students for Fair Admissions v. Harvard

14th Amendment — Equal Protection Clause

Final Decision of Students for Fair Admissions v. Harvard

Race-based admissions declared unconstitutional.

• Colleges cannot directly use race in admissions anymore

reasoning for the Final Decision of Students for Fair Admissions v. Harvard

• Programs lacked clear goals and endpoints.

• Violated equal protection principles.

dissent of Final Decision of Students for Fair Admissions v. Harvard

• Sotomayor, Kagan, Jackson

  • Argued the decision ignores ongoing racial inequality

The Federal Convention of 1787 main purpose

Originally meant to revise the Articles of Confederation, but delegates quickly decided to create an entirely new Constitution.

The Federal Convention of 1787 major problem

The Articles of Confederation created a national government that was too weak

The Federal Convention of 1787 Specific Issues

• Congress could not tax citizens directly

• Congress could not regulate interstate or foreign commerce

• The national government depended on state cooperation

• States often ignored national decisions

• Economic instability and trade disputes among states

• Weak central authority threatened national unity

The Federal Convention of 1787 Goal

Create a government that could:

• maintain order

• regulate the economy

• protect national unity

• balance state and national power

The Virginia Plan date and person

1787, Edmund Randolph

The Virginia Plan background

Randolph introduced the plan, but James Madison was the main intellectual architect.

Issue The Virginia Plan Addressed

The Articles of Confederation made the national government ineffective and powerless.

Proposed Solution in The Virgina Plan

Replace the Articles with a strong national government

Major Features of the Virginia Plan

1. Strong National Government

• The Articles should be corrected and expanded.

2. Three Branches of Government

• Legislative

• Executive

• Judicial

3. Bicameral Legislature

Two houses of Congress.

First branch:

• elected directly by the people

Second branch:

• chosen by the first branch

4. Representation

• Based on population or financial contribution of states

This favored large states.

5. National Supremacy

The national legislature could:

• override state laws

6. Executive Branch

• A national executive would enforce laws.

7. Judiciary

• A national judiciary would interpret laws.

8. Republican Government Guarantee

• The United States would guarantee republican governments to each state.

The New Jersey Plan Person and Date

William Paterson, June 1787

Issue the Virginia Plan Addressed

Small states feared the Virginia Plan would give too much power to large states.

Proposed Solution of the Virginia Plan

Modify the Articles of Confederation rather than replace them.

Major features of the Virgina Plan

1. Equal Representation

• Each state would have one vote in Congress

2. Expanded Congressional Powers

Congress could:

• raise revenue through taxes and duties

• regulate commerce

3. Federal Supremacy

• Federal laws would be supreme over state laws.

4. Executive Branch

• A plural executive (multiple leaders rather than one president)

5. Federal Judiciary

• A national court system to interpret laws.

Alexander Hamilton’s Proposal. the issue

Hamilton believed both the Virginia Plan and the New Jersey Plan were too weak.

Alexander Hamilton’s concern

Too much democracy could create:

• instability

• mob rule

• ineffective government

Alexander Hamilton’s Proposed Solution

Create a very strong national government.

Alexander Hamilton’s Key Features

Executive

• Executive chosen to serve for life during good behavior

Senate

• Senators also serve for life

National Authority

• Strong central government with significant authority over states.

Reasoning

• Hamilton believed stability required leaders who were independent of popular pressures.

The Federalist Papers Major Authors

James Madison

Alexander Hamilton

The Federalist Papers

How to design a legislature that represents the people without becoming unstable or corrupt.

House of Representatives Constitutional Requirements

Age:

• 25 years old

Citizenship:

• 7 years a citizen

Purpose of the House of Representatives

Represent the people directly

Issues with the House of Representatives

Critics feared representatives might favor:

• wealthy merchants

• elite classes

response to the issues with the House of Representatives

Madison argued representatives would still understand the interests of:

• farmers

• merchants

• manufacturers

• workers

Reason:

• these economic groups are interconnected.

Size of the House of Representatives Issues: Two Concerns

If too small:

• representatives might form an elite ruling group

If too large:

• the legislature could become inefficient and chaotic

Proposed Solution of the concerns of the size of the House of Representatives

Create a size that balances:

• effective government

• fair representation

issue with the HoR

The House might respond too strongly to temporary public emotions.

Proposed Solution to the issue with the HoR

Create a Senate.

purpose of the senate

Provide:

• stability

• wisdom

• long-term perspective

features of the senate

Senators should:

• be older

• have more experience

• serve longer terms

The Senate would

• slow down rash decisions

• provide continuity in government.

Public Opinion and Government: Madison’s View

• Public opinion matters but can be temporary and emotional.

• Short-term passions might lead to bad laws.

Madison’s solution to Public Opinion and Government

Government institutions must balance:

• popular participation

• long-term stability

Jefferson vs Madison – Binding Future Generations: Jefferson’s Letter

• September 6, 1789

• "The earth belongs to the living."

Issue:

• Should past generations control future generations through:

  • laws

  • constitutions

  • debts?

Jefferson vs Madison – Binding Future Generations: Jefferson’s proposal and reasoning

Proposal

Each generation should control its own government.

Key Idea

• Laws and constitutions should expire after about 19 years.

Reasoning

No generation has the right to:

• permanently bind future generations.

Jefferson vs Madison – Binding Future Generations: Madison’s Response (Problems Madison Identified)

Instability

• Constant rewriting of laws would create chaos.

Property Rights

• Property ownership depends on stable legal rules.

Government Debt

• Public debt may benefit future generations.

Social Stability

• Frequent changes would weaken public trust.

Jefferson vs Madison – Binding Future Generations: Madison’s Conclusion

Laws should be stable but amendable, not constantly rewritten.

Federalist No. 49 person and date

James Madison, 1788

Federalist No. 49 Issue

Some people proposed allowing frequent appeals to the people to resolve disputes between branches of government.

Federalist No. 49 Madison’s Concern

Frequent constitutional revisions would:

• encourage political conflict

• weaken respect for the Constitution

• allow leaders to manipulate public opinion

Federalist No. 49 Madison’s Proposed Solution

Maintain stability through separation of powers.