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What prompted the call for a Constitutional Convention?
The Articles of Confederation were too weak
No power to tax or regulate trade
No national executive or judiciary
Economic instability and unrest (e.g., Shays’ Rebellion)
States often acted like independent countries
What happened at the Constitutional Convention?
Met in Philadelphia, May 25 – September 17, 1787
Originally meant to revise the Articles of Confederation
Delegates decided to draft an entirely new constitution
Intense debates and compromises shaped the final document
Who was involved and how?
55 delegates from 12 of 13 states (Rhode Island didn’t attend)
George Washington was elected president of the convention
Key figures: James Madison, Benjamin Franklin, Alexander Hamilton
Delegates were mostly well-educated, experienced statesmen
What was decided at the Constitutional Convention?
Created a strong federal government with three branches
Congress would be bicameral: House (by population), Senate (equal per state)
Established powers like taxation, regulation of commerce, and a military
Included checks and balances between branches
What disagreements were aired at the Constitutional Convention and how were they resolved?
Big states vs. small states: resolved by the Connecticut Compromise
Slave representation: resolved by the Three-Fifths Compromise
Federal vs. state power: balanced through shared sovereignty
Presidency: compromise on electoral college and term limits
What happened as the Constitution was drafted and finalized?
Committee of Detail wrote the first draft
Committee of Style polished and finalized the document
Final Constitution was signed on September 17, 1787
Sent to states for ratification
What happened as states ratified the Constitution?
Required 9 out of 13 states to ratify
Federalists supported ratification; Anti-Federalists opposed
Debates over lack of a Bill of Rights
Bill of Rights promised to secure final support
Ratified in 1788; went into effect in 1789
What other significant events about the Constitution are discussed?
Bill of Rights added in 1791 (first 10 amendments)
Supreme Court began interpreting the Constitution
Landmark cases like McCulloch v. Maryland strengthened federal authority
Constitution has 27 amendments total
What ideas and influences shaped the Constitution?
Enlightenment thinkers like Locke and Montesquieu
British legal traditions and colonial charters
Practical experience from state constitutions
Aimed to create a balanced, flexible government
How does the Constitution structure the branches of government and what does it say about how they function?
Legislative Branch (Article I): Makes laws; bicameral (House & Senate)
Executive Branch (Article II): Enforces laws; led by President
Judicial Branch (Article III): Interprets laws; led by Supreme Court
Checks and Balances: Each branch limits the powers of the others
Separation of Powers: Prevents any one branch from becoming too powerful
How does the Constitution specify that legislation becomes law?
A bill must pass both the House and Senate
Sent to the President for approval
If signed → becomes law
If vetoed → returns to Congress
Congress can override veto with 2/3 vote in both chambers
What requirements does the Constitution specify to hold various offices?
House Representative: Age 25+, citizen for 7 years, live in state
Senator: Age 30+, citizen for 9 years, live in state
President: Age 35+, natural-born citizen, U.S. resident for 14 years
Federal Judge: No age or citizenship requirement; serves for life (good behavior)
What do the various amendments accomplish?
Bill of Rights (1–10): Protect speech, religion, trial rights, privacy, etc.
13th Amendment: Abolished slavery
14th Amendment: Guaranteed equal protection under law
15th, 19th, 24th, 26th Amendments: Protected voting rights
22nd Amendment: Limited President to 2 terms
27th Amendment: Delayed congressional pay raises until next term
How do various parts of the Constitution affect federal-state relations?
Federalism: Divides powers between federal and state governments
Tenth Amendment: Reserves non-federal powers to the states or people
Supremacy Clause (Article VI): Federal law overrides state law
Article I, Section 10: Limits states from making treaties or coining money
Shared Powers: Both levels can tax, create courts, enforce laws
What were the facts, questions, holding, reasoning, and opinions in Marbury v. Madison (1803)?
Facts: Marbury was appointed justice of the peace by John Adams but never received his commission. He sued Secretary of State Madison to compel delivery.
Question: Could the Supreme Court issue a writ of mandamus to force delivery? Was the Judiciary Act of 1789 constitutional?
Holding: Section 13 of the Judiciary Act was unconstitutional. Established the principle of judicial review.
Reasoning: The Constitution sets limits on the Court’s original jurisdiction. Congress cannot expand it by statute.
Opinion: Unanimous decision authored by Chief Justice John Marshall.
What were the facts, questions, holding, reasoning, and opinions in United States v. Nixon (1974)?
Facts: President Nixon refused to turn over Oval Office tapes subpoenaed during the Watergate investigation.
Question: Can the President claim absolute executive privilege to withhold evidence in a criminal trial?
Holding: Executive privilege is limited, not absolute, and does not apply in criminal proceedings.
Reasoning: The need for evidence in a fair trial outweighs generalized claims of privilege. The President is not above the law.
Opinion: Unanimous 8–0 decision (Rehnquist recused).
What were the facts, questions, holding, reasoning, and opinions in Gideon v. Wainwright (1963)?
Facts: Clarence Gideon was denied a court-appointed lawyer in a Florida felony case and convicted.
Question: Does the Sixth Amendment guarantee the right to counsel in state criminal trials?
Holding: Yes. The right to counsel is fundamental and applies to states through the 14th Amendment.
Reasoning: A fair trial isn’t possible without legal representation. Overturned Betts v. Brady.
Opinion: Unanimous 9–0 decision.
What were the facts, questions, holding, reasoning, and opinions in Tinker v. Des Moines (1969)?
Facts: Students wore black armbands to protest the Vietnam War. The school suspended them.
Question: Do students retain First Amendment rights at school?
Holding: Yes. Symbolic speech is protected as long as it doesn’t disrupt school functions.
Reasoning: The protest was peaceful. Students don’t lose constitutional rights at school.
Opinion: 7–2 decision. Dissent from Justices Black and Harlan.
What were the facts, questions, holding, reasoning, and opinions in Mapp v. Ohio (1961)?
Facts: Police illegally searched Mapp’s home without a warrant and found obscene materials.
Question: Can evidence obtained in violation of the Fourth Amendment be used in state courts?
Holding: No. Illegally obtained evidence is inadmissible in both state and federal courts.
Reasoning: The exclusionary rule is necessary to enforce the Fourth Amendment. Incorporated via the 14th Amendment.
Opinion: 6–3 decision.
What were the facts, questions, holding, reasoning, and opinions in Gonzales v. Raich (2005)?
Facts: Angel Raich and Diane Monson legally used homegrown medical marijuana under California law. Federal DEA agents destroyed their plants under the Controlled Substances Act.
Question: Can Congress ban locally grown medical marijuana under the Commerce Clause?
Holding: Yes. Congress may prohibit intrastate medical marijuana cultivation as part of regulating the interstate market.
Reasoning: Under Wickard v. Filburn, local use substantially affects the national market. The CSA is a valid exercise of Commerce Clause power.
Opinion: 6–3 decision. Majority by Justice Stevens, Scalia concurred. Dissenters: O’Connor, Rehnquist, Thomas
What were the facts, questions, holding, reasoning, and opinions in Brown v. Board of Education (1954)?
acts: African American children in several states challenged segregation in public schools under the “separate but equal” doctrine.
Question: Does segregated public education violate the Equal Protection Clause of the 14th Amendment?
Holding: Yes. School segregation is inherently unequal and unconstitutional.
Reasoning: Separation creates psychological harms and conveys a message of inferiority. Racial segregation thus violates equal protection.
Opinion: Unanimous decision authored by Chief Justice Warren
What were the facts, questions, holding, reasoning, and opinions in Heart of Atlanta Motel, Inc. v. United States (1964)?
Facts: Motel refused service to Black customers in violation of Title II of the Civil Rights Act of 1964.
Question: Can Congress forbid racial discrimination in public accommodations under the Commerce Clause?
Holding: Yes. Congress lawfully regulated private businesses affecting interstate commerce.
Reasoning: Racial discrimination by hotels undermines interstate travel and commerce. Title II is valid under Commerce Clause.
Opinion: Unanimous decision (Burger Court).
What were the facts, questions, holding, reasoning, and opinions in Van Orden v. Perry (2005)?
Facts: Ten Commandments monument on Texas State Capitol grounds was challenged as a violation of the Establishment Clause.
Question: Does the display violate the First Amendment by promoting religion?
Holding: No. The display has historical and cultural significance and does not primarily endorse religion.
Reasoning: Context matters; not coercive or an active religious endorsement. Considered part of heritage.
Opinion: 5–4 decision. Plurality by Rehnquist; dissents stressed religious messaging.
What were the facts, questions, holding, reasoning, and opinions in McCreary County v. ACLU of Kentucky (2005)?
Facts: County displayed framed Ten Commandments in courthouses; challenged as unconstitutional.
Question: Do these displays violate the Establishment Clause?
Holding: Yes. Displays intended to promote religion rather than historical context.
Reasoning: Court looked at purpose—display lacked secular intent and emphasized religion.
Opinion: 5–4 decision. Majority by Souter; dissent focused on tradition and state's right to express moral values.
What were the facts, questions, holding, reasoning, and opinions in New York Times Co. v. Sullivan (1964)?
Facts: Alabama official sued NYT for defamation over a civil-rights ad containing untrue allegations.
Question: Does First Amendment protect media from libel claims by public officials absent actual malice?
Holding: Yes. Public officials must prove “actual malice” to win defamation suits.
Reasoning: Protects free debate; error must be tolerated. “Actual malice” balances protection and accountability.
Opinion: Unanimous decision (Brennan Court).
What were the facts, questions, holding, reasoning, and opinions in Texas v. Johnson (1989)?
Facts: Johnson burned the American flag in protest. He was convicted under Texas law banning flag desecration.
Question: Is flag burning protected speech under the First Amendment?
Holding: Yes. It’s expressive conduct and protected symbolic speech.
Reasoning: Government cannot prohibit expression based on its message or viewpoint.
Opinion: 5–4 decision. Majority by Brennan; dissent argued flag deserved special protection.
What were the facts, questions, holding, reasoning, and opinions in Miranda v. Arizona (1966)?
Facts: Miranda was interrogated without being informed of his rights and confessed. He was convicted.
Question: Must police inform suspects of their rights (right to remain silent, counsel) before interrogation?
Holding: Yes. Suspects must be warned; otherwise, statements aren't admissible.
Reasoning: Protection against self-incrimination requires clear warnings and opportunity to invoke rights.
Opinion: 5–4 decision. Majority by Warren; dissenters argued warnings unnecessary and harmful to effective law enforcement.