Part I: Essay Definitions
- Judicial Review is the power to veto the actions of other agencies of government. In other words, it is a review by the United States Supreme Court of the constitutional validity of a legislative act.
- The origin of Judicial Review is Marbury v. Madison (1803).
- Selective Incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. It is the case by case basis where Supreme Court uses Bill of Rights against states.
- Grounds or reasons for incorporation have changed over time (how); How is it case by case and gradual? Include Justice Cardozo/Frankfurter’s arguments and compare to Black’s. Black believed that the Bill of Rights should be applied against states in its totality. Justice Cardozo’s/Frankfurter’s argument was that only the most important should be forced against the states.
- Judicial Activism is an approach to the exercise of judicial review. It can also be a description of a particular judicial decision. This is a case where a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. It is considered progressive. Judicial Restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that a judge should hesitate to strike down laws unless they are obviously unconstitutional. This is considered conservative.
- One case where judicial activism was applied was Brown v. Board of Education. This is a case of judicial activism because the judges made an executive decision that invalidated past legislation (Plessy v. Ferguson). A case that represents judicial restraint is Dred Scott v. Sanford. This represents judicial restraint because the judges did not overturn any decisions. They restrained themselves and produced a conservative decision that limited the exercise of their power, as they stated that Congress could not control slave movements.
- The two main clauses of the 14th amendment are the Equal Protection Clause and the Due Process Clause.
- The main clauses of the 14th Amendment are the Due Process Clause and the Equal Protection Clause. The Due Process Clause also includes the Citizenship Clause. The Citizenship Clause granted citizenship to “all persons born or naturalized in the United States.” The Due Process Clause declared that states cannot deny any person, “life, liberty, or property, without due process of law.” The Equal Protection Clause said that a state “may not deny any person within its jurisdiction the equal protection of laws.” It also discusses representatives for the government and the public debt.
- Suspect Classifications refers to a characteristic in applying a law, in which a court will review subject to a strict scrutiny standard. A classification is called suspect because it is likely to be based on illegal discrimination. An example is race. Quasi-Suspect Classifications are statutory classifications established on gender or legitimacy. Courts must apply intermediate scrutiny and see if it is important to government interest. If not, it will use rational basis review.
- The rational basis test is a test used to determine whether a law or governmental regulation or action violates the Equal Protection Clause. It is the default level of review that a court applies when engaging in judicial review. Intermediate/heightened scrutiny is used to determine the constitutionality of a law in some contexts. It is more rigorous than normal review, but less than strict scrutiny. The challenged law must advance an important government interest. It is used in equal protection challenges to gender classifications, as well as in cases where right to freedom of religion and freedom of expression from government interference is involved. Strict scrutiny also determines the constitutionality of certain laws. It is often used by courts when a plaintiff sues the government for discrimination. It is the highest standard of review. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest” and must have narrowly tailored the law to achieve that interest.
- A case that successfully used the rational basis test was Romer v. Evans. One case that successfully used intermediate scrutiny is Craig v. Boren. A case that used strict scrutiny was Brown v. Board of Education.
Part II: Court Cases facts, Key questions, rationale/reasoning, decision.
Provision of 14th, implications of decision Gibbons v. Ogden (1824) The case of Gibbons v. Ogden deals with the question of whether the Commerce Clause gives Congress authority over interstate navigation. This case came about because Gibbons and Ogden both operated steamboats in New York. Facts of this case include the fact that Gibbons had a federal coastal license, while Ogden received his license under state law. Ogden filed a suit against Gibbons in New York State Court. He then received a permanent injunction. The New York State Court rejected the idea that U.S. Congress controlled interstate commerce, which was argued by Gibbons. The Supreme Court’s holding was no. The Supreme Court reversed the lower court’s holding that Article 1, Section 8 of the Constitution grants Congress the power to regulate interstate commerce. The major reasoning was delivered by Chief Justice John Marshall.
The ruling held that when Congress and a state pass conflicting laws which regulate interstate commerce, the federal law will govern under Congress’ grant of power to regulate interstate commerce under the Constitution. “This Court is, therefore of the opinion that the decree of the chancellor of that state is erroneous and ought to be reversed, and the same is hereby reversed and annulled.” This case established the right of Congress of Congress to regulate interstate commerce. It held federal law (Article 1, Section 8 of the Constitution) above that of the conflicting state law which attempted to regulate interstate commerce.
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For this case, there is no provision of the 14th Amendment used as it was not passed yet. Instead, it used the Commerce Clause. It would have been procedural had the 14th Amendment been in place.
The implications of this decision include giving defined powers for implied powers. This case decided that Congress had the right to regulate commerce between states and that federal law is supreme over state laws.
Brown v. Board of Education (1954 and 1955)
Brown v. Board of Education began when the Brown family, a family of black Americans, as well other students, were denied admission to a white school, even though it was closer to their home. This was permitted under laws, those which allowed segregation based on race. As a representative of a class action suit, Brown filed a claim alleging that laws permitting segregation in public schools were a violation of the 14th Amendment’s Equal Protection Clause. Brown then filed a class action suit, consolidating cases from Virginia, South Carolina, Delaware, and Kansas against the Board of Education in federal district court in Kansas. After the District Court upheld segregation using Plessy v. Ferguson as authority, Brown petitioned the United States Supreme Court. The major question was whether segregation on the basis of race in public schools deprives minority children of equal educational opportunities, violating the 14th Amendment.
The Supreme Court said that it did and, therefore, reversed the District Court’s decision. The ultimate decision was that separating educational facilities based on racial classifications is unequal in violation of the Equal Protection Clause of the 14th Amendment. In Brown v. Board of Education (II), the main question was over what means should be used to implement the principles announced in Brown I. It was decided that it shall be implemented “with all deliberate speed,” and is up to the courts and local school authorities to decide whether the action of the school authorities constitutes good faith implementation of the Supreme Court’s decision.
The provision of the 14th Amendment addressed by the case is the Equal Protection Clause. The Due Process Clause could have also been used, but the Equal Protection Clause was enough to declare segregation in public schools unconstitutional. This is case uses substantive due process. The implications of this decision include the declaration that separate but equal schools are inherently unequal. This case led to the desegregation of public schools in the United States of America.
The case, therefore overturned the decision made in Plessy v. Ferguson, that declared “separate but equal” institutions were just. With Brown v. Board of Education, it was determined that “separate but equal” was inherently unequal. Some schools desegregated right away, while others maintained their status for years after the decision was made. Baker v. Carr (1962)/ Wesberry v. Sanders (1964)—treat as 1 concept but briefly explain both In the case of Baker v. Carr, under the Tennessee Constitution, legislative districts were required to be drawn every ten years.
A Tennessee resident brought a suit against the Secretary of State, stating that the lines had not been redrawn since 1901. He claimed that the failure to redraw the legislative districts resulted in rural votes holding more votes than urban votes. He appealed that the rural votes counted more, therefore denying him equal protection of the law. Tennessee stated that redistricting was a political question and could not be decided by the Courts under the Constitution. Baker then petitioned the Supreme Court, which ultimately decided that an equal protection challenge to malapportionment of state legislatures is not a political question because it failed to meet any of the six political question test and is justiciable. The main question of this case was whether an equal protection challenge to malapportionment of state legislatures was considered non-justiciable as a political question.
The Supreme Court stated no. Westberry v. Sanders was The provision of the 14th Amendment addressed by the case is the Equal Protection Clause. The malapportionment of state legislatures is not a political question and is justiciable. The implications of this decision include the fact that it outlined that legislative apportionment is a justiciable non-political question. It established the right of federal courts to review redistricting issues. This reversed the earlier decision which categorized redistricting issues as “political questions” outside the jurisdiction of the courts.
Craig v. Boren (1976)
Craig v. Boren is based on discrimination of gender. Craig was a liquor store vendor that challenged the constitutionality of an Oklahoma statute that prohibited the sale of “nonintoxicating” 3.2% beer to males under the age of 21. The provision of the 14th Amendment that the case uses is the Equal Protection Clause. The Court maintained that a gender-based classification has to be important to a government purpose and, in this case, was not. The implications of this case include Regents of the University of California v. Bakke (1978) Allan Bakke was a white medical school applicant who was twice denied admittance into the University of California at Davis Medical School, though he had better scores than minority applicants who were accepted. He went to the California Supreme Court about the issue. After the lawsuit, the court found that the school’s affirmative action program violated Title VI of the Civil Rights Act, as well as the California law and, ultimately, the 14th Amendment’s Equal Protection Clause.
After finding that the program violated Equal Protection, they ordered that Bakke be admitted. Shaw v. Reno (1993) Adarand v. Pena (1995) Barron v. Baltimore (1833)—start DPC/selective incorporation by explaining this case 14th Amendment was not passed so it does not use any provisions.
The Roe v. Wade case began in 1970 when “Jane Roe,” whose real name was Norma McCorvey, filed a federal action against Henry Wade, the district attorney of Dallas County, Texas.
The implications of this include the fact that this case declared a pregnant woman is entitled to have an abortion until the end of the first trimester of pregnancy without any interference from the state. This struck down a Texas law that made it illegal except for when the mother was in danger. This case established the parameters for abortion that continue today. It is a very controversial case.
The Influence Of The Renaissance Era
“The renaissance started around the 13th century this was a time where knowledge and learning was very big inventions were being made as well as art and new buildings. The renaissance was a time of expression and knowledge and testing ideas. Many great things came out of the renaissance that still is used today and is still around till this day. This time period is still widely talked about in today’s world so how has renaissance Renaissance art modernized art that is done today through its architecture, its influencers, and its philosophies.
The renaissance produced so many great artist like Leonardo Da Vinci he was considered one of the most prominent artist in this time period Leonardo Da Vinci was apart of the high renaissance. Leonardo Da Vinci was considered the ultimate Renaissance Man He practiced all the visual art and studied a wide range of topics (“Renaissance Art”) Leonardo Da Vinci was also very dedicated to the study of anatomy(“Renaissance Art and Architecture”). Leonardo Da vinci was the ultimate renaissance man for his unique perspective and views as well as his intellectual. Leonardo Da Vinci most famous pieces of art were the Mona Lisa, The Virgin of The Rocks and The Last Supper these pieces of art showed off his unparalleled ability to portray light and shadow as well as a physical relationship between humans. (“Renaissance Art”).
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Michelangelo was alongside Leonardo Da Vinci as the greatest artist from the renaissance time period. Michelangelo was also apart of the high renaissance Michelangelo was the dominant sculptor of the High Renaissance (“Renaissance Art”).Michelangelo drew on the human body for inspiration for his work. Botticelli and Michelangelo were greatly influenced by neoplatonic philosophy which was developed in the medici circle(“Renaissance Art and Architecture”).
Michelangelo produced pieces like pieta which is in the St. Peters Cathedral also the david which is in Florence (“Renaissance Art”).Michelangelo also painted and is known for the giant Pesco covering the ceiling in the Sistine Chapel his piece displayed work from Genesis which is in the Bible (“Renaissance Art”).
Raphael was considered one of the great three as well during the renaissance. Raphael was also apart of the high renaissance along side Michelangelo and Leonardo Da Vinci. Raphael was a painter and architect during the renaissance he was very well known for those 2 types of art. Renaissance art was made to capture the beauty and mystery of the natural world (“Renaissance Art”).
During the renaissance many ideas were used in art and architecture and example of some of these ideas were introducing religion and humanism in to peoples work. The humanist movement started in Italy and refers to a new interest in human life on Earth (“Renaissance Humanism”).Artist during the renaissance wanted to make realism into their painting and using humans or humanistic ideas glorified that (“Renaissance Humanism”).Another humanist view was that humans can be angels and strive for intellect or be beast and not do so (“Renaissance Humanism”).One of the most recognised artist for work on humanism was Galileo was one of the most famous humanist he believed that the Earth revolves around the sun (“Renaissance Humanism”).Galileo wanted to prove he was right so he improved the telescope to prove his idea (“Renaissance Humanism”).
Religion was also introduced in art during the renaissance. Many works of renaissance art were related to religion and things like the Virgin Mary or Madonna (“Renaissance Art”). Today renaissance art is looked at as amazing pieces of art but back then it was looked at as devotional objects (“Renaissance Art”). renaissance art were altarpieces painted and incorporated into rituals for the catholic mass (“Renaissance Art”).During the 15th century artist became supported by not only the church but private collectors as well(“Renaissance Art and Architecture”).
Sculptors were very praised for their work a lot of the sculptors made during this time are still around today and can be viewed by the public because they are historical pieces most of the sculptures can be found in museums. Some of the most recognisable sculptors were Michelangelo and Raphael. Sculptures were made to represent life and religion as well as humanism could be made into art.
Many structural ideas are still used today that came from the renaissance.Architecture structures seen today that were ideas in the renaissance include, arches and moulding.(Richman).
“On top of the fine arts, the Renaissance style is also evident in architecture of the period. Led by Brunelleschi, the designer and architect behind Florence’s famed duomo, or dome, Italian Renaissance architecture often conveys an interest in symmetry and balance.”(Richman) “Rome’s structural elements, its arches, vaults, and domes, as well as its decorative forms, served as an open treasury, from which the designers of the 15th cent.”(“Renaissance Art and Architecture”).
Art was one of the biggest things that came out of renaissance it is worth so much money now and is admired by people to this day. Art during that time period still can be found in art that is still being made today many techniques are still practiced. Art consisted of a “unique approach was characterized by spiritual iconography, flat compositions, unrealistic color palettes, and ethereal, otherworldly figures. In the 1300s, however, Italian artists based in Florence abandoned this distinctive aesthetic and adopted a more humanist approach to art. This time of change would eventually be known as the Italian Renaissance.”(Richman).
So the renaissance has greatly influenced and still influences today’s world it helps with philosophies and how the world builds structures and how paintings are made. So all the renaissance did was benefit the modern world and will continue to in the future. So renaissance has helped shape today’s world and ideas through architecture,philosophies and artist from the time period.”
