This week we will walk through the Constitution and point out - in context - those clauses which have been especially controversial over American history.
Here's a good version:
Here's a good version:
- Findlaw: U.S. Constitution.
Since many of you - not all yet - have received Supreme Court cases for your essays, I'd like to discuss the parts of the Constitution relevant to each case. Remember that the cases were selected not only because they related to a key part of the Constitution, but because they were also divisive. They'll help us understand the ongoing nature of the battle over Constitutional meaning.
If you've received a case, you would have also received a link to the official Supreme Court case. These document can be found on the website of the Supreme Court itself.
- Click here for it.
I mentioned in class a couple other places you can get info on these cases. I strongly advice looking through them. Put the name of your case in the search box and read thgough the material thatcomes up.
- Oyez.
- Scotusblog.
These are the cases so far:
– United States v. Windsor: 5th Amendment - due process / standing / Defense of Marriage Act
– McCutcheon v. FEC: Free Speech / Limits on aggregate campaign contributions / Bipartisan Campaign Reform Act
- Alabama Legislative Black Caucus v. Alabama: Equal Protection Clause / Voting Rights Act /gerrymandering
- Williams-Yulee v. The Florida Bar: Free Speech / soliciting campaign funds / state judicial elections
- Arizona State Legislature v. Arizona Independent Redistricting Commission: Elections Clause / Redistricting / What is a Legislature? / separation of powers
- Zivotofsky v. Kerry: Recognition power / separated powers / executive powers
- King v. Burwell: Regulatory Power / Statutory Interpretation
- Shelby County v. Holder: Article Four / 10th Amendment / Equal Protection Clause / Voter Rights Act / 15th Amendment / Pre-Clearance
– Bond v. United States: treaty making power / 10th Amendment
– Burwell v. Holly Lobby Stores: Free Exercise / Religious Freedom Restoration Act
– McQuiggin v. Perkins: Habeas Corpus / Anti Terrorism and Effective Death Penalty Act / actual innocence / statute of limitations
– Kimble v. Marvel Enterprises: Patent Clause
– Fernandez v. California: Fourth Amendment / Warrantless Searches
– Town of Greece v. Galloway: Establishment Clause / prayers before legislative sessions
– Schuette v. Coalition to Defend Affirmative Action: Equal Protection Clause / Affirmative Action
– Harris v. Quinn: Free Speech / Freedom of Association / Collective Bargaining
– Fischer v University of Texas: Equal Protection Clause / Race based Affirmative Action / Strict Scrutiny
– Comcast v. Behrend: Judicial Power / Class Action Lawsuits
– Kirtsaeng v. John Wiley & Sons, Inc: Copyright Clause / Copyright Act
– Peugh v. United States: Ex Post Facto Clause / sentencing guidelines
– NLRB v. Noel Canning: Recess Clause / National Labor Relations Act /Quorum
– Walker v. Texas Division, Sons of Confederate Veterans: Free Speech / Government Speech / Viewpoint Discrimination
- Obergerfell v Hodges: Equal Protection / right of marriage / sexual orientation / full faith and credit
- Arizona v United States: Federalism / immigration / police powers
- Coleman v. Maryland Court of Appeals: 11th Amendment / state sovereign immunity / Family and Medical Leave Act
- United States v. Alvarez: Free Speech / Stolen Valor Act / Lying
- Miller v. Alabama: 8th Amendment / 14th Amendment / juvenile justice / life without parole
