unit 3 foundational documents/things to know

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engel v vitale (1962)

BACKGROUND: new york board of regents forces kids to recite a nondenominational, voluntary prayer in public schools (gov institution) - engel, mad parent, sues vitale, president of board

LAW/AMENDMENT/CLAUSE IN QUESTION: establishment clause of 1st amendment (Congress shall make no law respecting an establishment of religion)

QUESTION: Does the reading of a nondenom. prayer violate the est. clause of the 1A?

DECISION: 7-1 engel wins, yes, having that prayer violates the EC since teachers pushing it will pressure kids to join, makes it involuntary

IMPACT: gov cannot promote religion, defined boundaries of church vs. state, EC enforced much stricter, strong precedent

wisconsin v yoder (1972)

BACKGROUND: wisconsin has law forcing kids to stay in school until 16 but the amish don’t like that, want to pull their kids out of school to follow Amish religion of raising kids at home- yoder, amish guy, pulls his kids out, wisconsin fines him in accordance w/ the law

LAW/AMENDMENT/CLAUSE IN QUESTION: free exercise clause of 1a (Congress shall make no law… prohibiting the free exercise of [religion])

QUESTION: Does Wisconsin’s compulsory education law violate the 1A’s free exercise clause by penalizing Amish parents who took their kids out of school?

DECISION: 6-1 yoder wins, yes, forcing amish to stay in school violates religious beliefs since its a long-rooted tradition - free exercise protects their lifestyle

IMPACT: very strong precedent for STATE INTERESTS CANNOT OVERRIDE RELIGIOUS FREEDOMS

schenck v us (1919)

BACKGROUND: us enters WW1 and starts drafting people, passes espionage/sedition act that says you are NOT ALLOWED TO INTERFERE WITH THE DRAFT
schenck makes pamphlets telling ppl to refuse the draft, US gets mad bcs espionage act

LAW/AMENDMENT/CLAUSE IN QUESTION: Free speech clause of 1a (Congress shall make no law... abridging the freedom of speech), espionage act, selective service act

QUESTION: Does the Espionage Act violate the 1A? Does free speech have conditions? Does wartime power supercede Constituional rights?

DECISION: 9-0 United States wins, schenck not allowed to speak out against draft, espionage act is fine

IMPACT: CLEAR AND PRESENT DANGER DOCTRINE, SPEECH CAN BE RESTRICTED IF IT CAUSES A CLEAR AND PRESENT DANGER, gov has higher authority during wartime, 1A is conditional

tinker v des moines (1969)

BACKGROUND: john tinker, mary beth tinker, christopher eckhart want a truce in vietnam, decide to wear black armbands in school - principal gets pressed and bans armbands, suspends the three students, tinker sues the school cuz free speech

LAW/AMENDMENT/CLAUSE IN QUESTION: free speech clause of 1a

QUESTION: Does banning armbands in public school as a form of symbolic protest violate freedom of speech protections guaranteed by the 1A?

DECISION: 7-2, Tinker wins yes banning armbands is banning symbolic speech, violates 1A

IMPACT: strong precedent, protects symbolic speech, bans viewpoint discrimination, students do not give up their free speech rights in school unless it is disruptive, also creates “tinker test”, only allows school to limit student speech if they know it will be disruptive

ny times vs us (1971)

BACKGROUND: NY times gains the Pentagon papers, illegally obtained documents showing how US does bad stuff in Vietnam + 7k DOD studies, theyre gonna post it but Nixon admin. blocks it (prior restraint) even though its illegal, nixon says it’s to protect national security

LAW/AMENDMENT/CLAUSE IN QUESTION: 1A freedom of press clause (Congress shall make no law… abridging the freedom… of the press), also Article II of Constitution (executive power has the responsibility to protect the nation)

QUESTION: Can the government violate the 1A and block the publication of news that threatens national security? Is national security enough of a reason to violate the 1A?

DECISION: 6-3 NYT wins, USFG cannot block publication of news,

IMPACT: strong precedent to uphold freedom of press, 1A upheld, gov cannot do prior restraint w/o good reason, media retains its important watchdog role to check the government

mcdonalds v chicago (2010)

BACKGROUND: DC v. Heller says that 2A inherently allows guns for individual self-defense within FED TERRITORIES

mcdonald lives in chicago, keeps getting robbed so he wants a gun for self defense but chicago has very strict gun regs, gets pressed and sues for being unconst.

LAW/AMENDMENT/CLAUSE IN QUESTION: 2A operative clause (right of the people to keep and bear arms shall not be infringed) + 14A due process clause

(this is a selective incorporation case!)

QUESTION: Should the 2A be incorporated/applied to the states due to the 14A’s due process clause?

DECISION: 5-4, Mcdonald wins, 2A can be applied to the states, not allowed to ban guns but reasonable regulations (like no guns to felons/mentally ill) are okay

IMPACT: 2a strengthened and selectively incorporated to states, becomes precdent for future cases about 2A, states are not allowed to ban guns because the 2A guarantees an individual’s right to self defense - self-defense is fundamental to ordered liberty

gideon v wainwright (1963)

BACKGROUND: clarence earl gideon gets charged w/ felony breaking and entering, tried in florida state court - has no lawyer and florida doesnt give him a lawyer so hes found guilty, gets 5 yrs in prison

pressed, sues cuz he didnt get a lawyer, violates his const. right to counsel

LAW/AMENDMENT/CLAUSE IN QUESTION: 6A Assistance of Counsel Clause (In all criminal prosecutions, the Accused shall enjoy the right to… the assistance of counsel for his defence) + 14A due process clause

(this is a selective incorporation case!)

QUESTION: Does the 6A’s right to counsel in criminal cases extend to felony defendants in state courts? Can the 14A be used to selectively incorporate this amendment to states?

DECISION: 9-0, gideon wins, 6a can be applied to states, states must provide lawyers

IMPACT: strong precedent, states must provide all accused w/ lawyers at state’s expense, the right to counsel/fair trial is a fundamental essential right, forced states to give inmates who were tried w/o lawyer a retrial

roe v wade (1973)

BACKGROUND: 1970, jane roe sues henry wade, district attorney of dallas county, texas, since there is texas law that says abortion is illegal - roe says that laws r too vague, abridges her of right to PRIVACY (protected by 1st, 4th, 5th, 9th, 14th amendment)

LAW/AMENDMENT/CLAUSE IN QUESTION: due process clause of 14a that enshrines a fundamental “right to privacy”

question: does the constitution recognize a woman’s right to terminate her pregnancy by abortion?

DECISION: 7-2 in favor of Roe, there is a constitutional right to abortion protected w/ the right to privacy in 14A, state law was too vague, esp if its just a overarching ban

IMPACT: states must make abortion laws with clear respect to the interest of human health - in the first trimester states cant regulate abortion, second trimester allowed w/ reasonable relations to maternal health, third trimester allowed since fetus is viable - laws must hvae excepttions when aboriton is necessary to save life of mother

dobbs v whole womens health (2022)

BACKGROUND: 2018, MI passes law banning all abortions (few exceptions) after 15 weeks - WWO sues because MI didnt have enough proof that fetus is viable after 15 weeks, SCOTUS says you cant ban abortions b4 viability (roe)

LAW/AMENDMENT/CLAUSE IN QUESTION: roe v wade

QUESTION: Is MI’s law banning all abortions after 15 weeks unconst.?

DECISION: 6-3 const does not guaranatee a right to abortion - abortion isn’t rooted in history or traidition and the 14A due process clause doesnt protect that right

IMPACT: roe v wade overturned, harsh bans/restrictions on abortions in many states, states control abortion, less womens rights

brown v board of education topeka (1954)

BACKGROUND: many cases consolidated into one - african americans being denied admittance based on laws allowing public school to be segregated, argued that segregation violates 14A (plessy v ferguson had held that segregation thru seperate but equal was okay)

LAW/AMENDMENT/CLAUSE IN QUESTION: 14A’s equal protection clause

QUESTION: does the segregation of public education based solely on race violate the equal protection clause of the 14A?

DECISION: 9-0 in favor of brown, seperate but equal education is inherently unequal and violates equal protection - segregation makes a sense of inferiority that is detrimental to african americans

IMPACT: plessy v ferguson overturned, spurs civil rights movement, schools must be integrated, lots of resistance with whites moving to private schools and suburban areas (segregates bcs of neighborhoods)

strict scrutiny

highest level of scrutiny gov must show, requires an extremely compelling state interest and the law must be very narrowly tailored - usually used in cases of restricting civil rights (restrict votes, access to courts, fundamental rights)

intermediate scrutiny

gov must at least prove that a state interest is being served (eg equal protection of laws for all genders)

rational basis

rationally related to serving a gov interest (eg. right to teach language)

judicial activism/restraint

activism: const. should be interpreted to address social issues and override legis/exec. actions - changing consitution that will protect individual rights and interests

restraint: judges should respect stare decisis, precedent, limit your own power and keep laws upheld unless they actively violate the const.

1A

freedom of religion (estbalishment and free exercise), speech, press, assembly, petition

2A

right to keep and bear arms in a well regulated militia

3A

gov cant force you to quarter soldiers in peacetime, only in legal manners in wartime

4A

right against unreasonable searches/seizure, requires a specific warrant w/ probable cause (implies a right to privacy)

5A

everyones has the right to a jury in federal crimes, no punihsing a criminal twice for the same crime, right to remain silent, right to due process and a trial, also gov cant take private property for public use w/o paying (takings clause)

6A

right to a fair and speedy trial (no indefinite incarceration b4 a trial), jury must be unbiased, defendants must know the charges agaist them, also allowed to get and confront witnesses, also allowed to have a lawyer

7a

right to a jury in civil cases worht over $20 - also judges not allowed to overturn jury’s findings unless theres an acc reason (e.g. jury bias)

8A

no cruel/unusual punishment also no excecssive bail/fines

9A

other rights not explicitly stated in the const. doesnt mean that the people dont have them, still protected

10A

powers not delegated to the USFG by the const. and not prohibited for the states are reserved to the states or people

13 A

no slavery unless punishment for crime

14A

citizenship clause: all ppl born in USA are citizens

privileges/immunities clause: states cannot make laws that kill privileges/immunities of citizens

due process clause: states cannot deprive ppl of life, liberty, or property (used to incoporate bill of rights)

equal protecction clause: states cannot deny anyone equal protection of the laws (basis of civil rights rulings)

enforcement clause: congress has the power to enforce this amendment thru legislation

15 A

fed/state govs cannot deny a citizens the right to vote based on race, color, or servitude

Letter from a Birmingham Jail

letter from MLK whil ehe was in a briminham jail, argues that his nonviolent direct action is necessary to fight the systematic injustice, also says that there are “just” and “unjust” laws - ppl have a duty to break unjust laws instead of waiting, equality must be given soon and through nonoviolent manners, also not a fan of the moderates who can do smth but choose not to

Equal Pay Act of 1963

no sex-based wage discrimination, equal work means equal pay

Civil Rights Act of 1964

no discrimination in public places, forces schools and other public facilities to integrate, no employment discrimination based on race, color, religion, sex, national origin, disability, ag- biggest piece of civil rights legislation since reconstruction - NO SEGREGATION

Voting Rights Act of 1965

no racial discrimination in voting, helps ENFORCE 15A, no poll taxes, literacy test

result of countless peaceful demonstrations even after civil rights to help w/ voting rights, allows immediate increase in black american votership

Fair Housing Act 1968

no discrimijnation by providers of housing (landlords or real estate agents) or lending instituations (banks, municipalities) or homeowner insurance that would make it impossible to buy a home because of race, color, religion, sex, national oriign, familial status, di

Title IX 1972

no sex-based discrimination in any school/educational program that gets fed. funding

ADA Act 1990

employers cant discrimante against qualified employees bcs of disability, must make accomodations

also requires businesses to generally make their facilities accessible to disabled ppl

total incorporation

const. doctrine that says ALL GUARANTEES FROM BILL OF RIGHTS are applied to state govs (not really used)

selective incorporation

SCOTUS applies the BOR to states on a case by case basis w/ the 14A’s due process clause
so far, amendments that have been selectively incorporated are:

1A: freedom of press, speech, religion
2A right to keep/bear arms (McDonalds v Chicago)

4A: no unreasonable search/seizure

5A: no self incirmination (Miranda v. Arizona) and no double jeopardy

6A: right to a speedy trial, right to counsel (Gideon v. Wainwright)

8A: no cruel/unusual punishment