Government – Linked Supreme
Court cases Name
Constitutional Issues
Directions: For this assignment, you
need: (1) computer to type the assignment; & (2) Internet
access Each student has 2 Supreme Court cases to research, analyze,
& report to the class
Due Date: Written information (on back) turned in NO LATER THAN
Wed, Nov 4. You may be called on
to present to the class any time Nov. 9-12
Your 1st set of related cases
is: &
I suggest
using the following websites
to research your cases:
Other places to find info:
·
Textbook Chapter 11 & 12
·
other American Government books
·
Supreme
Court case summaries on our website
What
information to find & how to organize & interpret
it:
·
Set
up a side-by-side comparison chart for EACH of your 2
related cases
·
What was
the constitutional issue/controversy common to both of your cases? What amendment
in the Bill of Rights and
what specific right does it deal with? – Explain.
·
Explain the FACTS
of EACH CASE – what led
up to it, special circumstances
of the case, controversy, question the court had
to answer, lower court decision
·
What was
the FINAL DECISION of the Court IN EACH CASE? What was the actual
vote?
·
IN EACH CASE: What was
the reasoning behind the
Court’s decision? What
precedents (previous decisions
or interpretations of specific parts of the Constitutions that were cited by the
Supreme Court) were used?
Sum up the rationale
for the decision in a paragraph.
·
How are the 2 cases
related? Was the second case a REVERSAL
of an earlier decision or a FURTHER CLARIFICATION
or MODIFICATION of an earlier decision? Explain.
· Type this up and turn it in NO LATER THAN Wed, Nov 4
-- See sample layout on
back
Name
Case set #1:
Cases
|
#1:
|
#2:
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Issue
|
||
Facts
|
||
Decision
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Reasoning
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||
Relationship
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EXAMPLE OF HOW TO DO YOUR CASES
Lynch v Donnelly (1984)
|
Van Orden v Perry (2005)
|
|
Issue
|
Establishment clause (1st amendment)
|
Establishment clause (1st amendment)
|
Facts of the
case
|
Donnelly objected to the city of Pawtucket, RI
having a display on city property in the shopping
district showing: nativity scene, Christmas tree,
Santa Claus house, & a banner saying “Seasons
Greetings” saying it violated separation of Church
& State.
|
Van Orden sued Texas saying that a monument of
the Ten Commandments in front of the State
Capitol Building was a state endorsement of
religion so unconstitutional.
|
Decision
|
SC in 5-4 decision found FOR the city, saying the
display did NOT violate the establishment clause
|
SC in a 5-4 decision found for Texas (Perry) saying
that the monument was not unconstitutional.
|
Reasoning
|
They included many other Christmas symbols
besides the nativity scene and thus were not trying
to promote a particular religion.
|
The nation has recognized the historical meaning
of the Ten Commandments and "simply having
religious content or promoting a message consistent with a religious doctrine does not run afoul of the establishment clause." |
Relationship
|
In both cases the decision was very close with
some judges thinking it was a violation of the
establishment clause.
Under the Lemon test, the government violates the Establishment Clause if it has the purpose of advancing religion, or if the primary effect is to advance or inhibit religion, or if there is excessive government entanglement with religion. |
In McCreary County, Ky, the Court, by a 5-4
decision, declared unconstitutional displays of the
Ten Commandments in county courthouses. As for
history, Justice Breyer stressed that the Texas Ten
Commandments monument had been there 40
years, while the Kentucky displays were of recent
origin. As for purpose, Justice Breyer saw the Texas
monument as serving secular purposes, including
the role of the Ten Commandments as a
foundation for law, while the Kentucky displays
had an express religious purpose. As for context,
Justice Breyer stressed that the Texas monument
was part of an overall display of over 20
monuments on the Capitol grounds, while the
other symbols in the Kentucky display were put
there just to save the Ten Commandments display.
|
** When doing your cases, be sure to include the specific amendment & part of amendment that it deals with (ie free exercise clause of the 1st amendment), the specific split on the vote, the background story (facts of the case), the final decision (along with EXPLAINING any rules that will need to be followed – ie 3 part Lemon test) & the REASONING for the decision, then how the cases are related in the last
box **
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