Schenck V. United states

Constitutional amendment

• 1st amendment of speech

Background story

• During WW1, Charles Schenck distributed anti-draft leaflets claiming it was a violation of the 13 amendment prohibition of slavery. It urged the public to disobey the draft but only through peaceful actions. Schenck was charged in violations of the espionage act because be was obstructing recruitment during war time.

Majority opinion

• Did Schenks conviction under the espionage act violate his first amendment freedom of speech?

  • ANSWER : No, his ocnviction was an appropriate exercise of congress’s wartime authority and he presented a “ clear and present danger “ when trying to disrupt the draft. His actions were the equivalent of yelling fire in a crowded theater。

Brown V. Board

Constitutional amendment

• 14th amendment equal protection clause ( civil rights )

Background story

• Consolidation of cases challenging segregation of public schools on the basis of race during the Jim Crow era. Marshall and the NAACP argued that denying African American students access to certain public schools violated the equal protections clause. This case reviewed a previous case, Plessy vs. Ferguson ( 1896 ) which established the separate but equal doctrine

Majority Opinion

• Was this a violation of the equal protection clause of the 14th amendment?

  • ANSWER : Yes, separate but equal educational facilities were inherently unequal. The court reasoned that the segregation of public education based on race instilled a sense of inferiority that highly detrimental effect on the education and growth of African American students ( The doll test proved this )

Baker V. Carr

Constitutional amendment

• 14th amendment equal protection clause

Background story

• The State of Tennessee had not redrawn its congressional districts in over 60 years. During that time some districts increased in population dramatically while others didn’t. The congressional district in Memphis has grown substantially larger than other districts.

Majority opinion

• Is it justifiable for the court to here cases regarding Gerrymandering?

  • ANSWER : Yes, the court held that this was justifiable because it dealt with civil rights within the 14th amendment

Engle V. Vitale

Constitutional Amendment

• 1st amendment establishment clause of religion

Background story

• The New York state board of regents authorized a short voluntary prayer at the start of each day. The schools principal began reciting the prayer in the morning at the school leading to this case and a lawsuit that said that he and the New York State Board of Regents violated the establishment clause.

Majority Opinion

• Does the reading of a non dominational prayer at the start of the school day violated the establishment clause?

  • ANSWER : Yes, the state can not hold prayers in public schools even if participation is not required and the prayer is not tied to a particular religion, this violated the clause particular religion , this violated the clause because it “ breached the constitutional wall between church and state”

U.S V. Lopez

Constitutional amendment

• Commerce clause ( Article 1, section 8 )

• 10th amendment reserves the powers of states

Background

• Lopez, highschool kid in texas brings a gun to school, the federal government charged him for bringing the gun under the gun free school zones act. Congress said it had the right to pass this law because it was regulating commerce.

Majority Opinion

• Guns at school isn’t commerce the gun free zone act is therefor unconstitutional. This gave more power to the states over regulating activity and school and regulating over guns (federalism)

Marbury V. Madison

Constitutional amendment

• Article 3 “Judicial review”

Background story

• Before he left office, president Adams appointed a bunch of new judges that were all federalists. Secretary of State John Marshall was responsible for delivering all of these commissions to the new judges. William Marbury never got his. The new President Thomas Jefferson instructed his secretary of state, James Madison to not deliver the commissions.

Majority opinion

• The supreme court ruled that the writ of mandamus in the Judiciary Act of 1789 was unconstitutional, they said this because the writ gave the courts the power to tell another branch of government what to do.

McCulloch V. Maryland

Constitutional Clause

• Necessary and Proper Clause ( Art.1 Sec.8 ) ( legislative branch )

• Supremacy clause ( Art.6 )

Background story

• During the Washington administration, Alexander Hamilton and congress created the Bank of the United States ( BUS ). Many people disliked the bank because it wasn’t in the constitution. The state of Maryland hated it so much it taxed the bank, and the federal government sued.

Majority opinion

1. Is the BUS constitutional?

   • Yes because it is necessary and proper to do other money related things, like can currency and regulate commerce.

2. Can Maryland tax the bank?

   • No, because the federal government is superior to the state of Maryland

Tinker V. Des Moines

Constitutional amendment

• 1st amendment freedom os speech

Background story

• A group of students in Des Moines held a meeting of ending the Vietnam war. Part of the protest involved wearing black armbands with a white peace symbol to school. After hearing of this protest Des Moine area principal created a policy that would suspend any student that refused to move the armband. These students were suspended and sued.

Majority Opinion

• Does a prohibition against wearing armbands as a form of protest violate students free speech?

  • Yes, the armbands represents pure speech and the students don’t lose their first amendment right to free speech when they step onto school property.

New York Times Co. V. United States

Constitutional clause

• 1st amendment freedom of the press

Background story

• Know as the pentagon papers case, the Nixon administration attempted to prevent the New York Times and Washington Post from publishing classified material regarding the history of the U.S. involvement in Vietnam. President Nixon argued that prior restraint (censorship) was necessary to protect national security.

Majority opinion

• Did the Nixon administration efforts to prevent the publication of what is termed “classified information” violate the 1st amendment.

Wisconsin V. Yoder

Constitutional amendment

• 1st amendment free exercise clause of religion

Background story

• The Parents of three amish students were procercuted for withdrawing their children from school after the 8th grade. Wisconsin compulsory educations law ( required attendance ) required that students attend school until 16 years old. The amish argued that this was contrary to their religious beliefs.

Majority Opinion

• Did the Wisconsin law requiring school attendance until 16 violate the free exercise clause for amish students?

  • Yes, the individual interest in the free exercise of religion under the 1st amendment outweighed the state interests in compelling school attendance. The court found that one or two extra years of school did not justify Wisconsin law

Citizens United V. FFC

Constitutional amendment

• 1st amendment freedom of speech

Background story

• C.U attempted to air a documentary called Hillary the Movie. This movie explored why Hiller Clinton would be a bad president. The FFC attempted to stop the airing of the movie using the Bipartisan campaign Reform Act (BCRA) which prevents corporations from funding such communication. BCRA was an attempt to regulate money in campaigns.

Majority Opinion

• Did BCRA violate the right to political free speech?

  • Yes,the court held that under the 1st amendment corporate funding of political broadcasts could not be limited

McDonalds V. Chicago

Constitutional amendment

• 2nd amendment the right to bare arms

• 14th amendment due process clause

Background story

• The cities of chicago and oak park banned the selling and ownership of handguns. In a previous case the SCOTUS applied the 2nd amendment to the federal government. the people suing in this case wanted the same for the state governments.

Majority Opinion

• Should the 2nd amendment be applied to the state via the 14th amendment due porcess clause? ( selective incorporation )

  • Yes, the 14th makes the 2nd right to bare arms for the people of self defense apply to the states

Gideon V. Wainwright

Constitutional amendment

• 6th amendment right to council

• 14th amendment due process clause

Background story

• Clarence Gideon was charged in Florida with the felony breaking and entering. Upon appearing in court, Gideon requested a lawyer but his request was declined because florida only provided lawyers in capital \ cases ( death penalty ). Gideon represented himself was found guilty and sentence to five years in prison.

Majority Opinion

• Does the 6th amendment right to council in criminal cases extend to Felony defendants in state courts.

  • Yes, the 6th amendment garnets to the assistance of council apply to criminal defendants in state courts by way of the 14th amendment due process clause.

Slaw V. Reno

Constitutional amendment

• 14th amendment equal protection clause

Background story

• In order to comply with the Voting Rights Act of 1965, the state of North Carolina drew congressional districts. One of these districts was in parts no wider than the interstate road along which it stretched. The lawsuit challenged the constitutionality of this unusually shaped district alleging its only purpose was to secure the election of additional black representatives.

Majority Opinion

• Did North Carolinas claim of racial gerrymandering districts raise an issue under the 14th?

  • Yes, the resulting district shape was unusually enough to suggest that it was effort to separate voters into different districts based on race. The unusual district proved that race can not be the primary factor when drawing congressional district. If this cause was purely political ( demo vs. rep ) the court would have upheld the gerrymandering, but it wasn’t, it was clearly based on race which isn’t allowed.