Required Documents and Supreme Court Cases

Brown v. Board of Education (1954)

Historical Content: A case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional. The decision effectively overturned the Plessy v. Ferguson decision of 1896, which allowed state-sponsored segregation, insofar as it applied to public education. De jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. Brief Summary: The case was heard as a consolidation of four class-action suits filed in four states by the National Association for the Advancement of Colored People (NAACP) on behalf of African American elementary and high school students who had been denied admission to all-white public schools 5 Key Words: Equal Protection clause, 14th amendment, equal rights, segregation, equality of people 3 Quotations: "We conclude that, in the field of public education, the doctrine of "separate but equal" has no place" "Separate educational facilities are inherently unequal." "racial segregation of any kind deprived African Americans of equal protection under the Fourteenth Amendment"

Baker v. Carr (1962)

Historical Content: A case that decided that redistricting issues present justiciable questions, enabling federal courts to intervene in and to decide redistricting cases. The defendants unsuccessfully argued that redistricting of legislative districts is a "political question", and hence not a question that may be resolved by federal courts. Brief Summary: The Tennessee State Constitution required that legislative districts for the Tennessee General Assembly be redrawn every ten years according to the federal census to provide for districts of substantially equal population. Baker's complaint was that Tennessee had not redistricted since 1901, in response to the 1900 census. Baker's argument was that this discrepancy was causing him to fail to receive the "equal protection of the laws" required by the Fourteenth Amendment. Defendant Joe Carr was sued in his position as Secretary of State for Tennessee. The Court held that there were no such questions to be answered in this case and that legislative apportionment was a justiciable issue. 5 Key Words: Political question, redistricting, 14th amendment, political questions, justiciable dispute 3 Quotations: "Did the Supreme Court have jurisdiction over questions of legislative apportionment?" " The Court's willingness to address legislative reapportionment in this Tennessee case paved the way for the "one man, one vote" standard of American representative democracy." " In a 6-2 decision, Justice William Brennan wrote for the majority that the Fourteenth Amendment's Equal Protection Clause was valid grounds to bring a reapportionment lawsuit. "

Brutus No.1

Historical Content: Anti-Federalist document written by Robert Yates in 1987 Brief Summary: believe that Publix had to be small and homogenous, not large and not diverse, in order to be successful. The Bill of Rights is necessary to protect the people from the government 5 Key Words: Anti-Federalists, elastic clause, homogeneous, Brutus, ratification 3 Quotations: "Perhaps this country never saw so critically. In their political concerns" "various expedience been exposed to remedy these evils, but none have succeeded strength a Convention of the States has been assembled" "A free republic cannot long subsist over a country of the great extent of the states"

Citizens United v. Federal Election Comission (2010)

Historical Content: Citizens United v. Federal Election Commission, case in which the U.S. Supreme Court on January 21, 2010, ruled (5-4) that laws that prevented corporations and unions from using their general treasury funds for independent "electioneering communications" (political advertising) violated the First Amendment's guarantee of freedom of speech. Brief Summary: The Bipartisan Campaign Reform Act of 2002 modified the Federal Election Campaign Act to prohibit corporations and unions from using their general treasury to fund "electioneering communications" (broadcast advertisements mentioning a candidate in any context) within 30 days before a primary or 60 days before a general election. During the 2004 presidential campaign, a conservative nonprofit organization, Citizens United, filed a complaint before the Federal Election Commission (FEC) charging that advertisements for Michael Moore's film Fahrenheit 9/11, constituted political advertising and thus could not be aired within the 30 days before a primary election or 60 days before a general election. 5 Key words: Freedom of speech, First Amendment , The Bipartisan Campaign Reform Act 3 Quotations: "The Supreme Court's decision represents a step backward for the American people and our nation's political process." "The Supreme Court in essence has ruled that corporations can buy elections. If that happens, democracy in America is over." "I think we need a constitutional amendment to make it clear once and for all that corporations do not have the same free speech rights as individuals."

Articles of Confederation

Historical Content: Compromised the United States first constitution 1776 to 1789. Place most powers in the hands of the states. Brief Summary: allowed states to retain its sovereignty, including power to tax its citizens, not sharing power with the national government. 3 quotations: " Delegates shall be annually appointed in such manner as the legislators of each state shall Direct" " no State shall be represented in Congress by legislation nor more than 7 members" " each state retains every Power, jurisdiction and right" 5 Key Words: Shay's Rebellion, Levy taxes, Confederation Congress, constitutional government, States

New York Times Company v. United States

Historical Content: Decision on the First Amendment that made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment. Brief Summary: President Richard Nixon had claimed executive authority to force the Times to suspend publication of classified information in its possession. The question before the court was whether the constitutional freedom of the press, guaranteed by the First Amendment, was subordinate to a claimed need of the executive branch of government to maintain the secrecy of information.On June 18, 1971, The Washington Post began publishing its own series of articles based upon the Pentagon Papers That day, Assistant U.S. Attorney General William Rehnquist asked the Post to cease publication. After the paper refused, Rehnquist sought an injunction in the District Court for the District of Columbia, but Judge Gerhard Gesell rejected the government's request, as did the Court of Appeals for the DC Circuit.This inconsistency between the courts of appeal led the Supreme Court to hear the case. 5 Key words: Freedom of Press, The First Amendment, Watergate Scandal, Pentagon Papers 3 Quotations: "Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity." " every moment's continuance of the injunctions against these newspapers amounts to a flagrant, indefensible, and continuing violation of the First Amendment. " "new powers granted to a central government might be interpreted to permit the government to curtail freedom of religion, press, assembly, and speech. "

Engel v. Vitale (1962)

Historical Content: The Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools. Brief Summary: The case was brought by a group of families of public school students who complained that the voluntary prayer written by the state board that states "Almighty God" contradicted their religious beliefs. Led by Steven Engel, a Jewish man. The plaintiffs challenged the constitutionality of the state's prayer in school policy. They argued that opening the school day with such a prayer violates the Establishment Clause of the First Amendment. The governments of twenty-two states submitted an amicus curiae brief to the Supreme Court urging affirmance of the New York Court of Appeals decision that upheld the constitutionality of the prayer. In a 6-1 decision, the Supreme Court held that reciting government-written prayers in public schools was unconstitutional, violating the Establishment Clause of the First Amendment. 5 Key Words: Freedom of religion, Establishment Clause, amicus curiae, public schools, court of appeals 3 Quotations: "The prayer was composed by the New York State Board of Regents, which is a state agency, and which had broad supervisory powers over the state's public schools" "A class action was brought by a set of ten parents who felt the prayer was contrary to the religious practices of both the parents and the students" " Official prayer in public schools is a violation of the Constitution which states "Congress shall make no law respecting the establishment of religion..."

Federalist No. 10

Historical Content: The Federalist Papers written by James Madison in 1788. Address is appropriate checks and balances. Brief Summary: The framers of the Constitution structure the government so that the three branches remain separate powers. each of the branches has the power to check the other two, which ensures that no Branch can become too powerful and that government as a whole is constrained. 5 Key Words: Branches of government, Separate, Checks and Balances, impeachment, faction 3 Quotations: " ambition must be made to counteract ambition" " if men were Angels no government would be necessary" "to constantly dream is to divide and arranged The several offices in such a manner as that each maybe a check on the others"

The Declaration of Independence

Historical Content: The United States Declaration of Independence is the statement adopted by the Second Continental Congress meeting at the Pennsylvania State House in Philadelphia, Pennsylvania on July 4, 1776 Brief Summary: Official act taken by all 13 colonies in declaring independence from British rule. All men are created equal. All men have basic human rights given to them by God 5 Key Words: Thomas Jefferson, John Adams, Ben Franklin, popular sovereignty, Liberty 3 Quotations: " we hold these truths to be self-evident that all men are created equal" " certain unalienable rights that among these are life, liberty, and the pursuit of happiness" " governments are in situated among men, deriving their just powers from the consent of the governed"

Roe v. Wade (1973)

Historical Content: This case was about the constitutionality of laws that criminalized or restricted access to abortions. The Court ruled 7-2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's interests in regulating abortions: protecting women's health and protecting the potentiality of human life. Brief Summary: The Texas statute allowed abortion only "for the purpose of saving the life of the mother". She (Roe) attempted to obtain an Illegal abortion, but unanimously declared the Texas law unconstitutional, finding that it violated the right to privacy found in the Ninth Amendment. In addition, the court relied on Justice Arthur Goldberg's 1965 concurrence in Griswold v. Connecticut. The court, however, declined to grant an injunction against enforcement of the law.found that the unauthorized facility had been closed down by the police. She sued and the court 5 Key words: Abortion, Ninth Amendment, 14th Amendment, Due process Clause, Right to Privacy 3 Quotations: "Roe v. Wade has fundamentally altered the legal, medical and political landscape of this country." "The public is at once pro-choice and pro-life." "We acknowledge our awareness of the sensitive and emotional nature of the abortion controversy; of the vigorous opposing views"

Tinker v. Des Moines (1969)

Historical Content: This court decision defined the constitutional rights of students in U.S. public schools. The Tinker test is still used by courts today to determine whether a school's disciplinary actions violate students' First Amendment rights. This case was the first time that the court set forth standards for safeguarding public school students' free speech rights. This case involved symbolic speech, Brief Summary: The 4 Tinker children and two of their friends decided to wear black armbands to their schools in protest of the Vietnam War and supporting the Christmas Truce called for by Senator Robert F. Kennedy. The principles of the Des Moines schools learned of the plan and met on December 14 to create a policy that stated that school children wearing an armband would be asked to remove it immediately. Students violating the policy would be suspended and allowed to return to school after agreeing to comply with it. The participants decided to violate this policy. Mary Beth Tinker and Christopher Eckhardt were suspended from school for wearing the armbands on December 16 and John Tinker was suspended for doing the same on the following day. 5 Key Words: Freedom of Speech, First Amendment, Protesting, symbolic speech, Vietnam War 3 Quotations: "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." "Tinker established broad precedent of student free-speech rights" "the Supreme Court established a standard favorable to a broad interpretation of students' First Amendment rights"

Schneck v. U.S

Historical Content: This is a case about the enforcement of the Espionage Act of 1917 and took place during World War I. A unanimous Supreme Court concluded that defendants who distributed fliers to draft-age men, urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. Brief Summary: During WWI, President Woodrow Wilson had campaigned for reelection in 1916 on the slogan "He Kept Us Out of War." Congress passed the Espionage Act of 1917, which outlawed interfering with military operations or recruitment, as well as supporting US enemies during wartime. Then, Socialist antiwar activists Charles Schenck and Elizabeth Baer mailed 15,000 fliers urging men to resist the military draft through peaceful means, such as petitioning for the repeal of the conscription law. They argued that the draft was a violation of the Thirteenth Amendment's prohibition of involuntary servitude. Schenck and Baer were convicted under the Espionage Act for interfering with military recruitment. They appealed to the Supreme Court on the grounds that the Espionage Act violated their First Amendment right to freedom of speech 5 Key Words: Espionage Act, First Amendment, Freedom of Speech, the Draft, WWI 3 Quotations: "a case that would define the limits of the First Amendment's right to free speech" "Long Live The Constitution Of The United States; Wake Up America! Your Liberties Are in Danger!" "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic"

Letter from Birmingham Jail

Historical Content: Written from Birmingham Jail in Birmingham, Alabama by Martin Luther King Jr on April 16th 1963. It defends the strategy of nonviolent resistance to racism Brief Summary: Martin Luther King jr. argues that he and his fellow demonstrators have a duty to fight for Injustice. There are four steps to nonviolent in Justice, that finding, negotiation, self your vacation, and direct action. it was an account on the long road to freedom for civil rights 5 Key Words: Civil rights, Martin Luther King Jr, Civil Disobedience, nonviolent resistance, Birmingham protests 3 Quotations: " Injustice anywhere is a threat to Injustice everywhere" " freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed" " Justice too long delayed is Justice denied"

Gideon v. Wainwright (1963)

Historical Content: the Supreme Court unanimously ruled that states are required under the Sixth Amendment of the U.S. Constitution to provide an attorney to defendants in criminal cases who are unable to afford their own attorneys. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments Brief Summary: Clarence Earl Gideon was charged with the police arrested Gideon and charged him with breaking and entering with intent to commit petty larceny. Gideon went to his court date and appeared in court alone as he was too poor to afford counsel. The Florida court declined to appoint counsel for Gideon. As a result, he was forced to act as his own counsel and conduct his own defense in court, emphasizing his innocence in the case. At the conclusion of the trial the jury returned a guilty verdict. The court sentenced Gideon to serve five years in the state prison. He then wrote an appeal to the Supreme court who heard his case, and ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves. 5 Key Words: Right to counsel, unconstitutional, 5th amendment, 6th amendment, petty larceny 3 Quotations: "At the time, the right to counsel had been upheld as it applied to federal courts but no corresponding right was recognized to apply to state courts." " The problem of a defendant's federal constitutional right to counsel in a state court has been a continuing source of controversy and litigation in both state and federal courts" "In all criminal prosecutions, the accused shall enjoy the right [...] to have the Assistance of counsel for his defense."

Federalist No. 70

Historical Content: Alexander Hamilton argued for a strong executive leader as provided by in Constitution. The executive department further considered. March 18th, 1788 Background: An energetic executive branch must be characterized by unity, sufficient powers and certain degree of secrecy. Personal ambition can never be totally subdued, and a dual Authority will be much by a weekend Authority. Hamilton believes in the importance of protection of the community against foreign attacks, secrecy administration of laws and protection of property 3 quotations: "A feeble Executive implies a feeble execution of the government" " the ingredients which constitutes energy in the executive area are, first, Unity, secondly, duration, thirdly, and adequate provision for it support, Fourthy, competent powers" " the unity of the executive of the state was one of the best of the distinguishing features of our constitution" 5 Key Words executive branch, Alexander Hamilton, Federalist, condemned nation, Amendment 1

United States v. Lopez

Historical Content: Alfonso Lopez, 12th grade, carried a concealed weapon into school. He was charged under Texas law with firearm possession. Charges at state level were dismissed as he violated Gun-free school Zones Act of 1990. Sentence 6 months Background: Lopez was charged with a federal offense. Lopez's found guilty and appealed to the Supreme Court, arguing that law was in over reach of congressional power. It was a landmark case ruled that the Federal government had receded its Authority Under the Commerce Clause 3 quotations: " the possession of a gun in a local school zone is a nonsense in economic activity" " there is no requirement that his possession of the firearm had any concrete tie to interstate commerce" " Commerce Clause to a general police power of the sorts retained by the states 5 Key Words: federalism, Supremacy, Commerce Clause, interstate commerce, jurisdiction

The Constitution

Historical Content: Established America's constitutional government and fundamental laws, and guaranteed certain basic rights for Citizens. Sign September 17th, 1787 by delegates of the Constitutional Convention Background: limited government republicanism, right to elect the people of our federal government. State laws can't go against or undo federal laws. The federal government must protect the rights of the people 3 quotations: "We the people in order to form a more perfect union, establish justice, and insure domestic tranquility" " representatives and direct taxes shall be apportioned among several States" "The house shall be the judge of the elections, returns and qualifications" 5 Key words: federalism, Preamble, Constitutional Convention, Thomas Jefferson, Quorum

Shaw v. Reno

The ruling was significant in the area of redistricting and racial gerrymandering. The court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause. Brief Summary: North Carolina submitted to the Department of Justice a map with one majority-minority black district—a district with a black majority. The Department of Justice believed that the state could have drawn another such majority-minority district in order to improve representation of black voters rather than including them all within one district. The state revised its map and submitted a new plan, this one with two majority-minority districts. The proposed 12th district was 160 miles long, winding through the state to connect various areas having in common only a large black population. A federal District Court dismissed a lawsuit by some North Carolina voters on the grounds that they had no claim for relief under a standard set by a previous Supreme Court case, United Jewish Organizations of Williamsburgh v. Carey. Such redistricting will be held unconstitutional if it is found to be intended to segregate voters by race and this segregation cannot be justified under a standard of strict scrutiny. 5 Key words: Gerrymandering, Redistricting, 14th Amendment, Strict Scrutiny, Equal Protection Clause 3 Quotations: "This case involves two of the most complex and sensitive issues this Court has faced in recent years" "the meaning of the constitutional "right" to vote, and the propriety of race based state legislation designed to benefit members of historically disadvantaged racial minority groups." "The right to vote freely for the candidate of one's choice is of the essence of a democratic society . . . ."