"Past Supreme Court Rulings" Research Suggestions

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For each Constitutional Amendment or “right” that you are planning to argue, you must come up with a past Supreme Court ruling or something in the Constitution that helps prove your argument.   For each of the following amendments and rights, there are several past Supreme Court cases listed that have addressed this very issue.  Your job is to find the case, read the majority opinion of the court,  and write down possible quotes to use from that case in your argument.  

 

 

Preamble:  “ …promote the general welfare and ensure domestic tranquility” 

Article I, Section 8:   “ The Congress shall have Power to…provide for the common Defence and general Welfare of the United States…to regulate commerce…among the several States  (the business dealings between states)…to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers….”

 

Heart of Atlanta Motel  v. Texas  (confirm)

Find the info on that case involving drug free zones around schools.

 

 

1st Amendment:

“Congress shall make no law respecting an establishment of Religion”:

 

“Can’t advocate religion over non religion” case  Engel v. Vitale? 

Lee v. Weisman  (No prayer at graduation)

Santa Fe. Independent Schools v. .

 

Rehnquist Dissent in blah blah blah

Case about the Menorah and Holiday displays p. 461 in text, look up the name

 

 

“or prohibiting the free exercise thereof”

 

Employment Division v. Smith ( religious use of peyote is not allowed)

Mormon Man and Polygamy (NOT allowed to practice polygamy, despite his religious beliefs)

Wisconsin v. Yoder (Amish parents ALLOWED to keep children home from school)

 

“or abridging the freedom of speech”

 

Texas v. Johnson (flag burning is allowed as “symbolic” speech)

Schenk v. the United States (limits to speech acceptable if there is a “clear and present danger”)

 

4th Amendment:  “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.”

 

Mapp v. Ohio  (if there is no probable cause, evidence seized during the search cannot be admitted into a court of law)

 

 

5th Amendment:  “ No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;  nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; or shall  be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;  nor shall private property be taken for public use, without just compensation. “

 

Miranda v. Arizona

Ex Parte Milligan????

Korematsu v. United States

 

8th Amendment:  “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”

 

Gregg v. Georgia  (death penalty is not cruel or unusual punishment)

 

 

9th Amendment: “The enumeration in the Constitution , of certain rights, shall not be construed to deny or disparage others retained by the people.”  (Implied “right to privacy”)

Roe v. Wade (abortion is legal, protected under a person’s implied “right to privacy’)p. 472 history of….

Griswold v. Connecticut  (birth control information)

 

Case that outlawed mixed race marriages (miscegenation)

 

 

14th Amendment:  “…No state shall…deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws”

 

Cruzan case, right to die p. 469 

Korematsu v.  United States

Casey v. someone Research other cases that have been argued under the ADA, like that Golf thing that hit the supreme court.  What accomodations can be made? Find the specific language of the ADA for the children.

Americans with Disabilities Act