How did it start?
How did Wisconsin v. Yoder start?
"An Amish family in Wisconsin refused to send their 3 kids, Yoder, Miller, and Yutzy to school beyond middle school. This family believed that worldly education can be harmful to maintaining their way of life. The state of Wisconsin fined this family saying that all children must attend school till at least their 16. They thought that the Wisconsin law was infringing with their right to express their religion."
What part of the Constitution did McDonald v. Chicago deal with?
2nd amendment - “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
14th amendment - “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law….”
Why was Marbury v. Madison important?
"Chief Justice John Marshall established the principle of judicial review, an important addition to the system of “checks and balances” created to prevent any one branch of the Federal Government from becoming too powerful."
How/What did the court decide for McDonald v. Chicago?
Justice Alito decided that the 2nd amendment included self dense. And that it is “necessary to our system of ordered liberty”. He included that self defense is a basic right so individual self defense is the central component of the 2nd amendment.
How did United States v. Lopez start?
Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his high school in Texas. Lopez was charged under Texas law with firearm possession on school premises. The next day, the federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. "The act forbids "any individual knowingly to possess a firearm at a place that [he] knows...is a school zone." Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release."
How did Gideon v. Wainwright begin?
“1961, a burglary happened in Florida, The police arrested Gideon after he was found nearby with a pint of wine and some change in his pockets. But Gideon couldn’t afford a lawyer, so he asked Florida to appoint one for him arguing that the Sixth Amendment entitles everyone to a lawyer. Judge said no, cause Florida state law required appointment of counsel for indigent defendants only in for death Penalty. Gideon defended himself at trial and did not do well. He was guilty. Her served a 5-year sentence. From his prison cell, Gideon wrote a petition to the U.S. Supreme Court, asking the Court to hear his case. Supreme court did."
Which court case used Article I, Section 8. The "Necessary and proper clause"
Hint: This clause gave Congress the power to establish a national bank.
McCulloch v. Maryland
Why was Gideon v. Wainwright important?
"It’s important since it was the 6th amendment to having a fair trial, and it has impacted today now if people on have enough money the government can give them a lawyer. It had said that the Gideon case didn’t have a legal impact for providing free counsel for the poor in civil cases"
How/what did the court decide for Tinker v. Des Moines?
"The Court ruled in favor of the Tinkers 7-2, stating that students retain their right to freedom of speech even in public schools. However, they also stated that this doesn't mean schools cannot LIMIT student's freedom of speech if they believe it will substantially disrupt school."
How did McCulloch v. Maryland start?
In 1816, the Second Bank of the United States was chartered. Maryland passed legislation to put taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch, refused to pay the tax. The state appeals court held that the Second Bank was unconstitutional because the Constitution did not provide a textual commitment for the federal government to charter a bank.
How did Tinker v. Des Moines start?
"5 students from ages 13-16, decided to show opposition to the Vietnam War by wearing black armbands at school, this involved two of the Tinker children. The school announced that whoever wore the bands to school would be suspended and the parents sued the school for breaking their 1st amendment right of freedom of speech. The fed. District court claimed the district's actions were just and the U.S. Court of Appeals agreed"
What part of the Consitution does Engel v. Vitale deal with?
The 1st amendment since some would argue that kids to saying/doing a prayer is a violation of the 1st amendment establishment clause. The question was “Does the recitation of a prayer in public schools violate the Establishment Clause of the First Amendment?” Engels argument was “Clause says that the government cannot favor any one religion over another. The prayer includes the words “Almighty God” and thus favors monotheistic religions.”
Why was McDonald v. Chicago important?
That the Second Amendment to the U.S. Constitution, which guarantees “the right of the people to keep and bear Arms,” applies to state and local governments. It allowed citizens to keep firearms as self-defense weapons.
How/What did the court decide the New York Times Company v. United States?
"6-3 in favor of the newspapers. "US government had not met “the heavy burden of showing justification for the enforcement” of prior restraint" "Both the history and language of the First Amendment support the view that the press must be left free to publish news, whatever the source, without censorship, injunctions, or prior restraints.” "the publication of a history of US action in Vietnam would not endanger current military personnel by revealing their location or movements."
How did Schenck v. United States start?
World War I socialists Charles Schenck and Elizabeth Baer gave out leaflets saying the draft violated the Thirteenth Amendment. (prohibition against involuntary servitude) The leaflets urged the public to disobey the draft with only peaceful action. Schenck was charged with conspiracy to violate the Espionage Act of 1917 since he attempted to cause insubordination in the military and to obstruct recruitment. Schenck and Baer were convicted of violating this law and appealed on the grounds that the statute violated the First Amendment.
The state of Tennessee was using boundaries between electoral districts. The state constitution required revising the lines every 10 years to account for changes in population. The population changes had resulted in vast disparities between the Shelby County district. So the votes of people in rural areas had a proportionately greater value than the votes of people in urban areas. A Republican voter, Charles Baker, "brought a claim to argue that he was denied equal protection of the laws under the Fourteenth Amendment because his vote was devalued."
The named defendant was Joseph Carr, the Tennessee Secretary of State, he cited the political question doctrine, "Tennessee argued that courts could not provide a remedy for this issue. Instead, they should allow the political process to function independently."
What part of the Constitution did Gideon v. Wainwright deal with?
The 6th amendment -“In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense.”
14th amendment - “…nor shall any State deprive any person of life, liberty, or property, without due process of law….”
Why was Schneck v. United States important?
Holmes said that the 1st amendment "does not protect speech that comes close to creating a clear and present danger of a significant evil that Congress has the power to prevent." And he famously argued saying the First Amendment does "not allow people to shout "Fire!" in a crowded theater, which he saw as parallel to the leaflets."
How/What did the court decide for Wisconsin v. Yoder?
The Court look at individual's interests in the free exercise of religion under the First Amendment. They decided it outweighed the State's interests in compelling school attendance beyond the eighth grade. The majority opinion by Chief Justice Warren E. Burger, the Court found values and programs of secondary school were "in sharp conflict with the fundamental mode of life mandated by the Amish religion,". That two more years of high school wouldn't give any benefits of public education cited by Wisconsin to justify the law.
How did Shaw v. Reno start?
The U.S. Attorney General rejected North Carolina's congressional reapportionment plan because the plan created only one black-majority district. North Carolina then submitted a second plan by creating two black-majority districts. One of these districts was no wider than the interstate road along which it stretched. Five residents challenged the constitutionality of this unusually shaped district, saying its purpose was to secure the election of additional black representatives. A three-judge District Court ruled that they failed to state a constitutional claim, the residents appealed and the Supreme Court granted certiorari.
How did Marbury v. Madison start?
William Marbury had been appointed Justice of the Peace in the District of Columbia, but his commission was not delivered. Marbury petitioned the Supreme Court to compel the new Secretary of State, James Madison, to deliver the documents. Marbury, joined by three other similarly situated appointees, petitioned for a writ of mandamus compelling the delivery of the commissions.
What part of the Constitution did Wisconsin v. Yoder?
The case deals with the 1st Amendment since they were arguing that forcing their kids to go to school goes against their freedom of religion.
Why was Brown v. Board of Education important?
Segregation violated the Equal Protection Clause of the Fourteenth Amendment although they argued back saying that racially segregated public facilities were legal so long as the facilities for blacks and whites were equal. ( “separate but equal” doctrine.)
It helped the end of "legalized racial segregation in the schools of the United States, overruling the "separate but equal" principle set forth in the 1896 Plessy v. Ferguson case "
How/What did the court decide for Shaw v. Reno?
The Court held that although North Carolina's reapportionment plan was racially neutral, the that it constituted an effort to separate voters into different districts based on race. "After concluding that the residents' claim did give rise to an equal protection challenge, the Court remanded - adding that in the absence of contradictory evidence, the District Court would have to decide whether or not some compelling governmental interest justified North Carolina's plan."
How did McDonald v. Chicago start?
Chicago and Oak Park in Illinois had several suits filed against it. It was challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller. That case the Supreme Court said that the District of Columbia handgun ban violated the Second Amendment. Therefore the Court reasoned that the law in question was enacted under the authority of the federal government. So the Second Amendment was applicable. Plaintiffs argued that the Second Amendment should also apply to the states. The district court dismissed the suits. On appeal, the U.S. Court of Appeals for the Seventh Circuit affirmed.