39 Matching Annotations
  1. Mar 2019
    1. Does an act of Congress

      Congress isn't really at question, it's asking if desecration of the flag, or flag burning, is part of "symbolic speech" protected by the first amendment.

    2. Texas law is a permissible regulation of speech.

      Texas' interest in preserving the flag's symbolic role doesn't allow it to prohibit words or expressive conduct critical of the flag, and it doest prohibit it to forbid destruction of the flag.

    3. may always prohibit the expression of an idea whenever society finds the idea itself offensive or disagreeable

      No, the government may not prohibit the expression of an idea just because society finds it offensive or disagreeable

    4. One of the protesters, Arthur Smith, painted an American flag on his bare chest, but painted it upside down

      No, one of the demonstrators gave Johnson an American flag, and then Johnson set it on fire. The then chanted, "America, the red, white and blue, we spit on you"

    5. convention

      The group of demonstrators marched through the city while the party was meeting.

    6. Dissent by Justince Kennedy

      Justice Kennedy had a concurring opinion.

    7. Second Amendment

      Not exactly, it should ask if it is a form of speech protected by the first amendment

    1. Only certain religious groups are free to participate.

      No, the program was open to all religious groups.

    2. violates

      No, the program is not challengeable under the establishment clause. So, religion can only reach the students by deliberate choices made by their guardians when deciding where to enroll them.

    3. It is not neutral in all respects toward religion and is

      No, the Ohio program is neutral in all respects towards religion. It provides benefits to a larger group of individuals.

    4. 5

      No, 96.7% used the vouchers at private schools.

    5. 10

      No, 56 private schools, 80% religious.

    6. dissenting

      No, concurring.

    7. No. By a vote of 7–2 the Court ruled in favor of Zelman.

      No, in a 5-4 opinion the court said that the pilot project doesn't violate the establishment clause.

    8. Does the voucher program offend the 14th Amendment to the Constitution?

      No, the question was if the Ohio School Voucher program was in violation of the establishment clause of the first amendment.

    9. The Baltimore school district

      No! This happened in the Cleveland Ohio Metropolitan School District.

    10. Epstein and Walker, p194

      Citation is wrong. It should be: 536 U.S. 639 (2002)

    1. Jackson: dissenting

      Jackson had a concurring opinion.

    2. Frankfurter: concurring Douglas: concurring Jackson: dissenting Burton: concurring Roberts: dissenting Clark: concurring in the judgment of the Court Vinson: dissenting

      Minton, Vinson and Reed were the 3 minority. Black, Frankfurter, Jackson, Douglas, Burton and Clark were the 6 majority. Justice Black delivered the opinion of the court.

    3. can be upheld

      No, Truman's action cannot be upheld as an exercise of his inherent military power as commander-in-chief.

    4. against Youngstown Sheet & Tube.

      No, the court stated that the President did not have the authority to issue this order. The President needs to have congressional authority or it should be stated in the Constitution.

    5. Congress

      I believe that this should question if the President (in this case, Truman) has the ability to take over/ seize an industry to prevent a union from striking.

    6. Vietnam

      This is supposed to be the Korean War.

    7. sugar manufacturing industry,

      The disagreement began with the steel mill owners and their employees. On April 4th, 1952, the union strike stated they would begin the strike on April 9th.

    8. 343 U.S. 579 (1952)

      There is no problem here with the citation (unless I am being tricked)?

    9. Youngstown Sheet & Tube Co. v. Sawyer (1952

      The top of my tab says: Zelman v. Simmons-Harris (2002). This is different from the case name of Youngstown Sheet & Tube Co. v. Sawyer (1952)

      Also, the year is not needed (1952) in the case name since the legal citation is included.

  2. Feb 2019
    1. No political dreamer was ever wild enough to think of breaking down the lines which separate the States, and of compounding the American people into one common mass.

      Is this saying that there is no one that would dare consider joining the states into one whole entity, without states? What is being talked about when Marshall questions "Where else should they have assembled?"

    2. This was not intended by the American people. They did not design to make their Government dependent on the States....

      At the beginning, Marshall said that, "The powers of the General Government, it has been said, are delegated by the States, who alone are truly sovereign, and must be exercised in subordination to the States, who alone possess supreme dominion." I find it confusing that he ends this paragraph saying that states didn't design their government to be dependent on the states, when at the beginning he includes that states possess the supreme dominion. Is he trying to get across that the state and national government have different powers?

    3. Government of the Union on those of the States, for the execution of the great powers assigned to it

      What is meant by: "the execution of the great powers assigned to it?" Would this include the powers that state banks and national banks have? What dependence is being referenced here (a financial one?)

    1. If they do afford him a remedy, is it a mandamus issuing from this court?

      Just to clarify, the "writ of mandamus" refers to the command made that the judicial appointments must be handout? So when it is said that the writ of mandamus isn't the remedy, it is saying that the appointments should NOT be handout?

    2. So, if he conceives that, by virtue of his appointment, he has a legal right, either to the commission which has been made out for him, or to a copy of that commission

      What is meant here by a "copy of that commission"? I understand that it may be his legal right to the commission itself, but is the copy of it referring to a different position or an actual physical copy of it?

    3. It cannot be presumed that any clause in the constitution is intended to be without effect; and therefore such a construction is inadmissible, unless the words require it.

      The phrasing used here is tricky to me. Is this going back to vague vs specific language used in parts of the constitution? What is meant by "therefore such a construction is inadmissible, unless the words require it"?

  3. Jan 2019
    1. And -- and still get the public money.

      In the discussion between Judge Ruth Bader Ginsburg and David A Cortman, Judge RBG ends it with the thought that "and still get the public money" referring to if a church could choose what students it takes based on their practicing religion. By saying this I believe it shows how in some ways it does cross the line of the establishment clause. This makes me believe that Judge Ruth Bader Ginsburg dissented.

    2. What if you had a program at the -- the State capital? You had tours for school groups, and you had someone who, you know, coordinated, tied it into the social studies program; school groups can come in, but no religious schools. Is that okay?

      Judge Roberts points out a way that religious discrimination may occur in other settings. He asks if that could be prohibited or not. I see that this may be swaying towards supporting Trinity Lutheran as discrimination occurs in a variety of settings with religious and secular students, showing that this could violate the first amendments, therefore proving his backing for Trinity Lutheran.

    3. But I don't understand -- I -- I think I understand how the States' interests might differ some, but essentially this is a program open to everyone. Happens to be a competitive program, but everyone is open to compete on various neutral terms, and you're depriving one set of actors from being able to compete in the same way everybody else can compete because of their religious identification.

      Judge Elena Kagan asks the question of how this program, that is neutral and supposed to be a competitive program where the applicant judges are not aware of the schools religious or secular affiliation seems that she sees how the interests of Trinity Lutheran Church shouldn't decide if they or if they don't receive the tires/playground area. Her statement saying that "this is a program open to everyone" shows her support for the church.

    4. How would you -- for example, one of the things that the Court has -- has thought about in the past is like computers for education. So I guess somebody could make the same argument about computers. Well, it doesn't really -- it's separate from the religious instruction that might be carried out over those computers. Do you think that that's the same, or is it different?

      What is this computer argument going on here? Were the computers a state funded resource that went to all schools, regardless of secular or religious affiliation? How is this relating to the playground surface?

    5. I'm asking, does the Constitution of the United States permit a State or a city to say, we give everybody in this city police protection, but not churches? We give everybody fire protection, but let the church burn down. We give everybody public health protection, but not a church. That's -- that's the law in my imaginary State. And I'm saying, does the Constitution, which guarantees free exercise of religion, permit such laws?

      As this relates back to public safety, I don't understand what it has to do with proving a point in this case. Is Judge Breyer trying to convey the idea that the protection of religious institutions are left out of the law, and such interprets the idea of the tires as a safety issue, making it seem like the constitution free exercise of religion doesn't protect this playground issue either?

    6. So what is the definition of a church? So a religiously-affiliated school is not a church under the -- under the Missouri constitution?

      Is the definition of a "church" up for a different interpretation for each state to decide on or is there a federal, universal definition to guide decision making?

    7. One would think that if there's play in the joints, that that would include the concept that States are free to say we don't want to spend money from the public FIs on houses of worship. Now, you say this affects free exercise. We seem to be confusing money with religious practice. I don't think the two are tied. This church is not going to close its religious practices or its doors because its playground doesn't have these tires. So I'm not sure how this is a free-exercise question, because there is no effect on the religious beliefs. No one is asking the church to change its beliefs. In fact, no one is asking the church as a condition of saying don't use what we give you for religious purposes; they're not even doing that. They're just saying we don't want to be involved with the church.

      Judge Sonia Sotomayer really clears things up a bit here (in my opinion) she lays out a large idea that this doesn't effect the free-exercise question, nor is it asking the church to change its beliefs. It's simply saying that they don't want to cross a line and be involved or look more partial to that church. But if the students need that new playground surface, aren't they being penalized by not receiving the resource for that playground?