Court Cases
This court case revolves around an Amish family wanting to take their children out of school in Wisconsin after the 8th grade. Wisconsin state law claimed that a child cannot be removed from school until they are the age of 16, as attendance is compulsory. The SCOTUS ruled that Wisconsin requiring attendance did not outweigh religious freedom--meaning, we have the right to freely exercise our religion w/o state interference.
What is Wisconsin v. Yoder?
This case set the precedent that the doctrine of separate but equal was not in fact equal if school funding was inherently unequal, and the court's decision began the process of putting an end to public school segregation.
What is Brown v. Board?
This case deals with the Gun-Free School Zones Act and whether congress can regulate guns in school zones using the commerce clause. The court ruled the GFSZA overstepped congressional authority thus returning power to the states, as they held that Congress cannot regulate anything related to school zones, because that power is reserved for the states, effectively striking down Congress' usage of the commerce clause.
What is US v. Lopez?
This primary source document, written by Madison, argues that there is a need for a new, large, republican style of government. Madison argues for this as measure for "controlling the mischief of factions," by which he acknowledges are undesirable but inevitable in a free nation. And we owe it to them to protect their rights...we just have to minimize their effects. The republican style of government does this best.
What is Fed. 10?
In a letter to white clergy and moderates, Dr. King assesses the urgency of here and now, and the need for civil rights, by arguing passivity is activity in upholding unnatural laws--laws that are actively in contest with equal protection of the law. This letter and this visit to the South garnered national media attention, and it eventually led to the passage of the Civil Rights Acts of 64, 65, & 68.
What is Letter From a Birmingham Jail?
This 1st amendment freedom of speech case established that students have a right to symbolic speech, after a brother and sister, who wore a black armband to school, were suspended for being materially disruptive to the learning environment. The court held this was a violation of 1st amendment speech protections, favoring the students' right to speech.
What is Tinker v. Des Moines?
This court case deals with racial gerrymandering in North Carolina, who wanted to ensure there was sufficient Black representation in the HOUSE, so they gerrymandered in an attempt to add two Black districts. The court struck down these districts as they violated the equal protections clause.
What is Shaw v. Reno?
This case is about 5th and 6th amendment rights, and whether or not a persons conviction can be thrown out, even in cases of rape and kidnapping, if we are not made aware of our rights upon arrest. The court held that we had a constitutional protection to be made aware of the charges against and that the only way to protect a/g self-incrimination was to have an attorney present at questioning.
What is Miranda v. Arizona?
Madison writes that "if men were angels, there would be no need for government." Thus, in this primary source, he argues that separation of distinct powers between 3 branches will ensure checks & balances, protecting the will of the people and ensuring adequate representation in government. Further, he does say that the legislature should "necessarily predominate", as they most directly represent the will of the people.
What is Fed. 51?
This legislative tactic happens at the state level, and it occurs every 10 years, after the census data is collected. It is where state legislatures or independent commissions draw legislative districts for the House to determine how many representatives the state will get. This is often highly politicized and sometimes ensures that a controlling party has control over the policial outcomes for at least a decade.
This case deals with federalism and whether or not the federal government could establish a national bank. The court held that the federal government has the ability, under A1S8, to carry out their enumerated duties by whatever means necessary and proper--including establishing a national bank. This case shifted the balance of power towards the federal govt. by saying when concurrent powers or laws are in question, the federal interpretation is SUPREME.
What is McCulloch v. Maryland?
This court case involves a school in New York requiring students to recite a non-denominational prayer at the beginning of the day. This was declared unconstitutional because it violated the establishment clause--meaning, the court said the state needs to have a compelling interest to establish a religion at the expense of free exercise.
What is Engel v. Vitale?
This case deals with the 2nd Amendment RTBA. Mr. McDonald wanted to buy a hand gun for self defense but was denied that right under Chicago law. The court held the Chicago law violated his 2A rights, and applied the 2A to the states. Thus, the 2a has been incorporated to the states--protecting us from infringement of states on our NATURAL RIGHTS.
What is McDonald v. Chicago?
In this paper, written during the constitutional convention, Hamilton argues for a singular executive, as he asserts "energy" in the executive is conducive to "good government", that is to say that a single, energetic executive offers quick response during times of crisis AND it ensures accountability/direction for the government.
What is Fed. 70?
This tactic during the debate/negotiation phase of a bill happens only in the Senate. & it's when a Senator uses their time to stop debate/voting on a bill by talking in excess. This tactic is so essential because it raises the voting threshold from 51 votes to 60-66 votes. So it allows the minority party to effectively govern against the tyranny of the majority.
What is the filibuster?
This 6th amendment case deals with whether or not persons accused of petty theft have the 6th amendment right to an attorney at the state level. In this case, the court held that the right to an attorney was fundamental, and that if only rich people could afford an attorney, that was in violation of the spirit of equal protections--and thus applied the 6th amendment to the states, now ensuring we have access to an attorney, even if we cannot afford one.
What is Gideon v. Wainright?
This case deals with the Pentagon Papers and the federal government trying to stop publication. The court held that there must be a heavy presumption to use prior restraint, or the ability to and stated that only in times of national security can the federal government use it.
What is NYT v. US?
This case deals with whether or not the court could issue writs of mandamus. The court held that they could issue writs of mandamus for the personnel listed in A3 of the Constitution--but not for personnel not listed in the Constitution. By doing this, the court established an implied power that we know as judicial review, which gives the court the implied authority of reviewing laws or executive orders for "constitutionality."
What is Marbury v. Madison?
This paper, written during the convention, argues that an independent judiciary was necessary b/c there needs to be a neutral arbiter of law, arguing that judicial review was necessary. The justification for judicial review was that the court only has the power of judgement--not the power over the "sword" or the "purse." Meaning, they can only share--not enforce or spend--on how to interpret and carry out the law.
What is Fed. 78?
This action, carried out by hired firms or individuals of interest groups, is described as "paid work from interest groups with the intent to influence or sway politicians in the direction of said interest." Actions include funding campaigns (for or against), disseminating information, drafting/working directly on bills that impact the special interest.
What is lobbying?
This court case deals with the state of Tennessee having not restricted for over 60 years. This negligence created disproportionate representation between rural and urban districts, where smaller rural districts had the same representation that disproportionally larger districts had. The court found that these districts favored rural counties as it violated the equal protections of urban dwellers--and it established the principle of "one person, one vote."
What is Baker v. Carr?
This 1st amendment case involves a gentleman violating the espionage act during WW1, as he disseminated information actively urging men to avoid the wartime draft. He was arrested and convicted on the premise that he was actively seeking overthrow of the government by encouraging draft dodging. The court held his conviction was rightful, and reaffirmed the idea that the govt. could restrict speech in times of "clear & present danger."
What is Schenk v. US?
This court case deals with questions about whether or not running political ads within 60 days of a general election or w/ in 30 days before a primary were protected speech. The court held the law that prohibited political speech for corporations and individuals was in violation of the 1st amendment, as political speech is inherently symbolic, and thus worthy of protection. PACs/SuperPACs grow in frequency after this.
What is Citizens United v. FEC?
Written during the constitutional convention, it contrasts the desires for bigger, more powerful central government. Bates argues that a smaller republic is necessary to best represent the interests of people--to ensure that we have input with our representation. Further, he advocates *for* the Bill of Rights & the new central government by highlighting the ambiguity of the necessary and proper clause & the supremacy clause.
What is Brutus 1?
This is a type of bill--usually one negotiated b/w Rs & Ds--that wraps together several smaller, distinct, and unrelated items to ensure its passage. Bipartisan effort is usually needed here to do this.
What is an omnibus bill?