First Amendment
What part of Schenck V. United States deals with the first amendment?
Justice Holmes delivered the majority holding that free speech could be prohibited during wartime if it presented a clear and present danger or was a substantive evil that the federal government had a right to quell. Thus, in times of war, people protesting military recruitment may be silenced because they are seen as obstructing U.S. war efforts.
What are the case facts of Gideon V. Wainwright? (6th)
Gideon wasn’t a very educated man who was accused of a crime. He could not afford an attorney, and he was told to represent himself. Since he didn’t know what he was doing, he was convicted. He appealed and the court agreed he didn’t have a fair trial because he wasn’t provided an attorney.
What are the specific case details for Mcculloch V. Maryland? (federalism)
The state of Maryland wanted to tax the national bank. The supreme court ruled in favor of the federal government, holding that Maryland could not tax the bank under the supremacy clause.
How did the Brown decision overturn Plessi V. Fergason?
Plessi V. Fergeson established the separate but equal clause, which made segregation under Jim Crow legal. Brown overturned this decision by holding that segregation violated the equal protections clause of the 14 amendment.
How did the supreme court check the power of congress in United States V. Lopez?
The court held that congresses Gun Free School Zones act was unconstitutional under the commerce clause. People in possession of guns near schools was not an economic issue, thus didn’t have to do with interstate commerce, and was out of the control of congress.
How does Engel V. Vitale uphold the first amendment?
In the decision of Engel V. Vitale, public schools are not allowed to have prayer. This reinforces the separation of church and state. While students are allowed to express their religion, school can not force a religion upon students in a public and free environment.
How does Gideon V. Wainwright extend legal protection to the public? (6th)
The Gideon V. Wainwright holding declares that everyone, regardless of wealth, has the right to an attorney. It reinforces the 6 amendment to counsel at trial by decreeing that states must have a public defender who can represent a person in court if they can’t afford an attorney themselves.
How did Mcculloch V. Maryland strengthen the central government? (federalism)
This holding affirmed the necessary and proper clause of the constitution, which granted congress unexplicit powers in certain circumstances. Thus, congress was able to establish the second U.S. bank even though it wasn’t in their specific control.
What are the case facts of Shaw V. Reno?
Ruth O. Shaw, a white resident of North Carolina, led a group of voters challenging a racially gerrymandered congressional district. She argued that it violated the Equal Protection Clause of the 14th amendment. She won the case and made it so majority-minority districts may be unconstitutional if race is the only factor used.
How does Tinker V. Des Moines Independent Community School District enforce the first amendment?
Students didn’t want to fight in the Viet Nam war. As a way to protest, they wore black arm bands. The school prohibited it, but the court ruled that this violated the first amendment. Thus, the decision upheld student rights to protest.
How does Citizens United V. Federal Election Commission give power to special interest groups? (6th)
The case of Citizens United gives special interest groups like the ACLU the right to donate money to political campaigns that align with there values. This grants companies and organizations power to express their political views via donations.
How did Marbury V. Madison establish the authority of the Supreme Court? (federalism)
The ruling by Chief Justice John Marshall established the process of judicial review. In other words, it gave the Supreme Court the power to strike/ vito any law passed by congress if it violated the U.S. Constitution.
What does the decision of Shaw V. Reno hold about redlining still occurring in Marin County?
According to Shah V. Reno, redlining is illegal. Yet, some houses in Ross have a racial deed attached to them, stating that the owner can not sell to a person of color. Thus, Ross is a white city while places like Canal and Marin City house people of color.
How does New York Times CO V. United States prevent media suppression?
New York Times CO V. United States sets a high bar for prier review and suppression by the government.
What sparked the case of Wisconsin V. Yoder? (First amendment)
A Wisconsin school fined three parents, Jonis Yoder, Wallace Miller, and Aidin Yutzy, for refusing to send their children to school past 8th grade. These parents sued, claiming this violated their first amendment right to practice their amish believes.
What are the case facts of McDonald V. Chicago? (2nd amendment)
Chicago resident Otis McDonald challenged the restrictive hand gun act that was in place in the city, causing the ban to be lifted and to limit states power to restrict gun ownership. It ruled that the second amendment's right to keep and bear arms for self defense extends to state and local governments.
What are the case facts of Baker V. Carr?
People from the urban areas of Tennessee sued the state because it failed to redistrict since 1901. This meant that votes from rural areas with less people had more weight than urban areas with more people.
What are the specific case facts of New York Times CO V. United States?
The New York Times the Pentagon papers. However, Nixon opposed this move, claiming it threatened national security. The supreme court ruled in favor of the New York Times.
How does Wisconsin V. Yoder enforce the separation of church and state? (1st)
The ruling upholds the first amendment, ensuring that students had the free will to practice their religious believes as long as it brought no harm to others. Thus, the state could not obstruct students from not attending school if it went against their religion, further dividing the power of the state and church.
How does McDonald V. Chicago limit the power of the states? (Second amendment)
McDonald V. Chicago held that the second amendment, right to bear arms, is enforced to all states via the due process clause of the 14 amendment. This means states can’t abolish gun ownership.
How can Baker V. Carr be applied to current redistricting efforts by Texas and California?
Baker V. Carr asserts that redistricting people based on race is illegal, and the votes should be counted as one person, one vote. Then, it is up to the state. Some people argue that redistricting efforts in Texas and California based on political party may also redistrict based on race, which would be illegal.