41 Matching Annotations
  1. Mar 2019
    1. The state also says that it has an interest in preserving the flag as a symbol of national unity. The Court agrees and argues that the most important principle behind the First Amendment is that government may always prohibit the expression of an idea whenever society finds the idea itself offensive or disagreeable. As a result, the Texas law is a permissible regulation of speech.

      The court has set precedent that generally prevents restrictions on speech even if people find it disagreeable or offensive. The Texas law is not permissible under these circumstances.

    1. Here, the program is not one of true private choice. It is not neutral in all respects toward religion and is part of an attempt to channel funds to wealthy citizens who send their children to religious schools. Only certain religious groups are free to participate.

      The majority opinion argued that the program was of private choice, and that religious advancement resulting was completely on behalf of individuals, not the government.

  2. Feb 2019
    1. To carry it to the excess of destruction would be an abuse, to presume which would banish that confidence which is essential to all Government.

      How can 'excess' be defined in terms of taxation if the Constitution grants very broad powers in terms of collecting taxes?

    2. Why, then, should we suppose that the people of any one State should be willing to trust those of another with a power to control the operations of a Government to which they have confided their most important and most valuable interests?

      I understand his point, but doesn't this statement supplant the idea of federalism? People of one state are willing to trust those of another (the senators and representatives of other states) to control "the operations of a Government to which they have confided their most important and valuable interests"

    3. But when a State taxes the operations of the Government of the United States,

      Given the ruling in this case, how far does this carry in contemporary society, or how specific can it go? If a FBI agent buys a coffee in Michigan with government funds, does he have to pay sales tax?

    1. In the president's favor is the fact that his order commands the steel industry to follow policy set by Congress, not the president himself. The lawmaking power in the United States is within Congress's domain, but Congress has clearly chosen to rid itself of that power and give it to the president.

      This is incorrect as the order does not follow procedure outlined in Taft-Hartley, or any other applicable act. Congress has granted power through the proper application of Taft-Hartley and other acts, but as the President was not operating in accordance with those acts, that power has not been delegated by Congress.

    2. Truman's action can be upheld as an exercise of the president's inherent military power as commander-in-chief.

      In the ruling, President Truman's actions cannot be upheld as the majority and concurring opinions leaned towards presidential authority only stemming from what Congress and the Constitution has outlined.

    3. The Taft-Hartley Act of 1947 forbade

      This act does not make provisions for the explicit seizure of industry, but does outline procedure for executive authority to shut down or disband strikes.

    4. Yes. By a vote of 6-3 the Court ruled against Youngstown Sheet & Tube.

      Two issues: The opinion of the court stated that, no, the president could not take over an industry in this scenario. Secondly, the ruling of the court was in favor of Youngstown Sheet & Tube Co.

    5. Can Congress take over an industry in order to prevent a union from striking?

      The question was not one of Congressional authority over an industry, but Executive authority over an industry.

    6. Clark: concurring in the judgment of the Court

      Justice Clark did not concur in the judgment of the Court, conceding that the power of the president could be expanded in times of national emergency.

    1. Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.

      Obviously Justice Marshall holds a high view of the Constitution, but what procedures for change are considered to be above 'ordinary means'? The way he speaks of the Constitution seems like he believes it should remain unchanged.

    2. The question, whether an act, repugnant to the constitution, can become the law of the land, is a question deeply interesting to the United States;

      Does Justice Marshall use the word 'interesting' in the same connotation as it is used today? We know what his thoughts on the matter are, but what is he getting at? How is it 'deeply interesting'?

    3. And as the authority, from which they proceed, is supreme, and can seldom act, they are designed to be permanent.

      Does this quote indicated that Justice Marshall views the Constitution as a 'dead' document? Obviously, his tenure was not long after its drafting, but I wonder how he should view it today.

  3. Jan 2019
    1. We don't want -- we don't -- we don't want to because they're a church. That's why not. Same with fire protection. Same with vaccination programs. Same with public health.

      Justice Breyer, like Justice Alito, seems to be pointing out extreme examples of how far discriminatory use of public benefits could go with respect to religious institutions, and I think he favors the church based on this line of inquiry.

    2. This is a New York City program that provides security -- money for security enhancements at schools where there's fear of shooting or other school violence.

      Justice Alito seems to be setting up a foundation of examples to point out examples in recent history of federal money being used for actual, physical improvements to religious institutions. I think he favors the church, and is using more extreme examples to bolster that opinion.

    3. And people start thinking, well, why is the Protestant church keeping on getting the money and the Catholic church never gets the money? And the State says, we just won't -- don't want to sow that kind of division, that kind of mistrust, that kind of -- well, that --

      Given the examples Justice Kagan is presenting, and the direction they take in picking at the arguments presented by Mr. Cortman, I think Justice Kagan is one of the dissenters.

    4. I think States have tremendous leeway in the way they set up and decide these types of programs.

      If he thinks the states have incredible leeway, why is the case ascending to the Supreme Court? Shouldn't this argument produce a deference to state law?

    5. And the essence of that history is, basically, we don't want to, as a country -- well, the vast majority of States, to fund houses of worship.

      Based on this section, and her points thereafter, I think Justice Sotomayor may be one of the dissenters. She does her due diligence to flesh out the background of the counterargument while not explicitly counterarguing, but the thrust seems to go against Mr. Cortman's premise.

    6. Mr. Cortman, do we know what Missouri -- how Missouri interprets the term "church" in its constitution? It speaks about church.

      What is the definition of 'church' under federal law?

    7. Are all of these questions really ones that verge onto the Establishment Clause; fire extinguishers, bible lessons on a sunny day, and so forth? Because we could go on and on.

      How far can states go in determining state law with regard to the Establishment Clause, or does the Establishment Clause largely have to do with Federal programs, money, etc.?