Supreme Court Case Analysis Winter Break Assignment AP U.S. Government and Politics Mr. Vasquez For each court case, you must complete the following. You are required to do a lot of research to help you understand each case’s background information, constitutional question, decision and reasons, evaluate the decision, and provide your own opinion with supporting details. Please follow the rubric and example to understand the requirements for this assignment. 1. WHAT ARE THE FACTS OF THE CASE? What happened in this case? Who were the people/organizations involved? How did the lower courts rule on this case? (Note: This would be if the case was on appellate review) 2. CONSTITUTIONAL QUESTION: What is the constitutional question? What specific part of the Constitution is being questioned/involved? (i.e. First Amendment, Fourteenth Amendment, etc) What issue is involved in the case? Why is the issue being questioned? 3. COURT'S DECISION AND REASONS: This is the court's answer to the constitution/legal question. What was the outcome of the court case? How did the justices voted on the case? Describe the Supreme Court’s majority opinion (a summary of the important points). What did the Supreme Court rule on this case? What was the dissenting (opposing) opinion, if given? (a summary of the important points) 4. EVALUATING THE DECISION AND PREDICTING THE IMPACT: What, if any, impact does this case have today? What is the significance of this case? Why is it important legally? Explain how the Supreme Court’s decision impacts the present. 5. OPINION: Do you agree with the outcome? Why or why not? How can you connect the case to modern U.S. government and politics? Explain. Provide ONE example to support your answer. Helpful links to get information, including your textbook: http://tlc-patch.tourolaw.edu/patch/CaseSummary.asp (background info, facts, opinions of Justices) http://www.streetlaw.org/en/landmark/home (background info and court case decisions) http://www.socialstudieshelp.com/courtcases.htm (brief summaries of court case decisions) http://www.oyez.org/ (background info and court case decisions, includes breakdown of decision by Justice) http://www.pbs.org/wnet/supremecourt/timeline/1989.html (Supreme Court timeline) DUE: TUESDAY, JANUARY 21, 2014 (Periods 2 and 4) DUE: WEDNESDAY, JANUARY 22, 2014 (Periods 1, 3, and 5) 1 List of U.S. Supreme Court Cases 1. Marbury v. Madison (1803) 2. McCulloch v. Maryland (1819) 3. Gibbons v. Ogden (1824) 4. Plessy v. Ferguson (1896) 5. Schenck v. U.S. (1919) 6. Gitlow v. New York (1925) 7. Near v. Minnesota (1931) 8. Korematsu v. U.S. (1944) 9. Brown v. Board of Education (1954) 10. Roth v. United States (1957) 11. Mapp v. Ohio (1961) 12. Engel v. Vitale (1962) 13. Baker v. Carr (1962) 14. Abbington v. Schempp (1963) 15. Gideon v. Wainwright (1963) 16. Wesberry v. Sanders (1963) 17. New York Times v. Sullivan (1964) 18. Heart of Atlanta Motel v. U.S. (1964) 19. Griswold v. Connecticut (1965) 20. Miranda v. Arizona (1965) 21. Lemon v. Kurtzman (1971) 22. New York Times Co. v. United States (1971) 23. Miller v. California (1973) 24. Roe v. Wade (1973) 25. U.S. v. Nixon (1974) 26. Buckley v. Valeo (1976) 27. Gregg v. Georgia (1976) 28. U.C. Regents v. Bakke (1978) 29. Texas v. Johnson (1989) 30. Cruzan v. Director Missouri Department of Health (1990) 31. Planned Parenthood v. Casey (1992) 32. Shaw v. Reno (1993) 33. U.S. v. Lopez (1995) 34. City of Boerne v. Flores (1997) 35. Clinton v. New York (1998) 36. Bush v. Gore (2000) 37. U.S. v. Morrison (2000) 38. Zelman v. Simmons-Harris (2002) 39. Gratz v. Bollinger (2003) 40. Grutter v. Bollinger (2003) 41. McConnell v. FEC (2003) 42. Citizens United v. FEC (2010) 2 Supreme Court Case Analysis Rubric Poor Fair Average Good Exemplary 0 pts NP equivalent 1 pt NP equivalent 2 pts C equivalent 3 pts B equivalent 4 pts A equivalent Meets Basic Assignment Criteria Understands Assignment Poor Fair Average Submission shows no basic understanding of the nature of the case study assignment Submission shows very little understanding of the nature of the case study assignment Submission shows a basic, but minimal understanding of the nature of the case study assignment Good Submission Submission demonstrates a demonstrates a full solid understanding and clear of the case study understanding of assignment the case study assignment Case Information Case Facts Poor Fair Average Good Identify the case and give the basic information surrounding Identifies & Identifies & Identifies & Identifies & it understands almost understands few of understands some understands most none of the basic the basic case facts of the case facts of the case facts information Case Background /Constitutional Question Describe and analyze the history of the case in lower courts and describe the constitutional question being presented in the court case. Evaluation/Effects of Case What were the effects of the case on the nation during the trial, on education or in any other area as a result of the trial Court’s Decision/Justice Analysis Poor Average Good Exemplary Identifies & understands the case, the parties involved, the time frame, and the reason it was heard at the Supreme Court Exemplary Identifies, Identifies, Identifies, Identifies, Identifies, demonstrates demonstrates demonstrates demonstrates demonstrates and/or understands and/or understands and/or understands and/or understands and/or understands none of the lower few of the lower some of the lower most of the lower all of the lower court trials that court trials that court trials that court trials that court trials that preceded the preceded the preceded the preceded the preceded the Supreme Court trial Supreme Court trial Supreme Court trial Supreme Court trial Supreme Court trial and constitutional and the and the and the and the question. constitutional constitutional constitutional constitutional question. question. question. question. Poor Fair Average Good Exemplary Analysis was only provided for one of the three areas (nation, education, and other) Marginal analysis of the effects of this case in two of the three areas (nation, education, and other) Somewhat thorough analysis of the effects of this case in two of the three areas (nation, education, and other) Reasonably thorough analysis of each the effects of this case in two of the three areas (nation, education, and other) Very thorough and insightful analysis of each the effects of this case in all three areas (nation, education, and other) Poor Fair Average Good Exemplary Did not explain Justice's final recommendation Student Opinion on Fair Exemplary Poor Basic, unsupported explanation of all the justices' final recommendations Fair Logical explanation Offered a of all the justices' competent final explanation with recommendations some support of all the justices' final recommendations Average 3 Good Identified all possible causes or bias for each justice's final recommendation Exemplary Decision (personal reflection) Did not discuss Concurred or personal opinion of dissented with case Court's decision Concurred or dissented with opinion only with student's personal opinion 4 Concurred or dissented and stated valid reasoning on student's personal decision. Concurred or dissented and stated valid reasoning and support on student's personal decision. Marbury v. Madison (EXAMPLE) 1. WHAT ARE THE FACTS OF THE CASE? Thomas Jefferson, a member of the Republican Party, won the election of 1800. The outgoing President, John Adams, proceeded to rapidly appoint 58 members of his own party to fill government posts created by Congress. It was the responsibility of the Secretary of State, John Marshall, to "deliver the commissions," finish the paperwork, and give it to each of the newly appointed judges. Although Marshall signed and sealed all of the commissions, he failed to deliver 17 of them to the respective appointees. Marshall assumed that his successor would finish the job, but when Jefferson became President, he told his new Secretary of State, James Madison, not to deliver some of the commissions, because he did not want members of the opposing political party to take office. Those individuals couldn't take office until they actually had their commissions in hand. William Marbury, whom Adams had appointed as justice of the peace of the District of Columbia, was one of these last-minute appointees who did not receive his commission. Marbury sued James Madison and asked the Supreme Court of the United States to issue a writ of mandamus, a court order that requires an official to perform or refrain from performing a certain duty. In this case, the writ would have ordered Madison to deliver the commission. Marbury argued that he was entitled to his commission and that the Judiciary Act of 1789 gave the Supreme Court of the United States original jurisdiction to issue a writ of mandamus. Madison disagreed. When the case came before the Court, John Marshall — the person who had failed to deliver the commission in the first place — was the new Chief Justice. If this situation were to arise today, Marshall would likely disqualify himself because of a conflict of interest. 2. CONSTITUTIONAL QUESTION Issue #1: Whether Marbury Had a Right to the Commission Issue #2: Whether Existing Laws Established a Remedy for the Deprivation of the Right Issue #3: Whether the Court Should Issue a Writ of Mandamus Requiring Delivery of the Commission 3. COURT’S DECISION AND REASONS The decision was 6 votes for Marbury and 0 votes against. Marbury had a right to the commission; second, the law allowed a remedy for his situation; and third, mandamus could not be issued in an original action before the Supreme Court (Marbury really had no legal ground to have the case heard by the court in the first place under the Judiciary Act of 1789). There was no dissenting opinion as there were no justices that opposed to the majority. 4. EVALUATING THE DECISION AND PREDICTING THE IMPACT This historic court case established the concept of judicial review or the ability of the Judiciary Branch to declare a law unconstitutional. This case brought the Judicial Branch of the government on a more even power basis with the Legislative and Executive Branches. Based on this premise, it ensured that our current 5 governmental structure follows the constitutional principles of checks and balances and separation of powers. Furthermore, the U.S. court system has the right to interpret the law and question the constitutionality of federal, state, and local laws. 5. OPINION I agree with case’s decision because the U.S. Supreme Court should be empowered to interpret the law. I strongly believe that U.S. courts have the right to question the constitutionality of federal, state, and local laws, as long it doesn’t violate the principles of the U.S. Constitution. One example that I can connect this is how the U.S. Supreme Court has attempted to review the issue of same-sex marriages. The U.S. Supreme Court, under their powers of judicial review, has attempted to interpret this issue and its effects towards states’ powers under the Tenth Amendment. 6
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