- Apr 2020
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mmcr.education mmcr.education
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painted an American flag on his bare chest, but painted it upside down
Johnson was given a flag, which he doused with kerosene and set it on fire.
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Dissent by Justince Kennedy
Concurring opinion with Kennedy.
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government may always prohibit the expression of an idea
the government may NOT prohibit the expression of an idea because society finds if offensive or disagreeable.
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the Court could also decide that the state
The state law is the interest of the state.
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Second Amendment
First Amendment
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Arthur Smith
The person who was marching in the protest was Gregory Lee Johnson
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(1989)
The year should be placed next to the citation,not the case name
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mmcr.education mmcr.education
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Zelman v. Simmons-Harris (1982)
The title of the case should be italicized.
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dissenting
O'Connor concurring
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It is not neutral in all respects toward religion
it is neutral
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the program is not one
the program is one of the true private choices
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we have faced challenges
faced Establishment clauses
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directly to schools
directly to religious schools
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free exercise
Establishment Clause
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Baltimore
The Cleveland School district
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Epstein and Walker, p194
This should have the 536 U.S. 639 (2002), not the book and page number
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(1982)
The date goes next to the legal citation, not the case name
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7–2
the vote was 5-4
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mmcr.education mmcr.education
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president's inherent military power
it can not be upheld as the presidents broad military powers.
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Congress take over an industry in order to prevent a union from striking
No, the federal statutes allowed government seizure of industrial plants for specified reasons but settling a labor dispute was not one of them
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- Mar 2020
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mmcr.education mmcr.education
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Vinson: dissenting
Vinson was not the only one opposed, also listed were Minton and Reed. They believed Article II provided the president with constitutional basis for his actions of his best interest for the country until Congress could act.
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Jackson: dissenting
Jackson was listed as dissenting, but actually is was concurring. Jackson also felt that Article II also interpreted flexibility to accommodate modern presidency.
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The order cannot be upheld on the basis of the several provisions
The order cannot be sustained, not upheld, on the basis of several provisions.
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must stem from a law passed by Congress
it must stem from an act of Congress
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of the office justified
Truman stated the inherent powers of the chief executive were enough to authorized seizing the mills.
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union called for a strike
it said it would call for a strike at the end of the month in December. They in fact, waited until April 9th.
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- Feb 2020
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mmcr.education mmcr.education
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Among the enumerated powers, we do not find that of establishing a bank or creating a corporation. But there is no phrase in the instrument which, like the Articles of Confederation, excludes incidental or implied powers
This makes me think, should the absence of this power from the Constitution be construed as being in favor of the power? By implying the power, that is not stated, isn't this giving Congress the power to do whatever they want?
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But were it otherwise, the choice of means implies a right to choose a national bank in preference to State banks, and Congress alone can make the election.
Why did people object to the bank of the US so much?
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The Government of the United States, then, though limited in its powers, is supreme,
This is also confusing. I understand the limited powers but then what do they mean that the powers are supreme?
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mmcr.education mmcr.education
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Vietnam War
The nation was involved in the Korea War.
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sugar manufacturing
the dispute was in steel industry
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- Jan 2020
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mmcr.education mmcr.education
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issue writs of mandamus to public officers, appears not to be warranted by the constitution; and it becomes necessary to enquire whether a jurisdiction, so conferred, can be exercised.
Where did the writs of mandamus come from if they are not warranted by the constitution? What qualifies using a mandamus?
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Mr. Marbury, then, since his commission was signed by the President, and sealed by the secretary of state, was appointed
If Marbury was appointed to the office and signed by the President, and not revocable, then why did it get taken away from him?
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that in one class of cases its jurisdiction is original, and not appellate; in the other it is appellate, and not original
What determines the class of cases as original or appellate jurisdiction?
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mmcr.education mmcr.education
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all we're talking about is a -- is a surface, a safer surface on the playground for when -- when kids p
I think Cortman is in the majority of passing for the church to receive benefits from the recycle program. He states several times that it is for a safe play surface, not necessarily a religious surface.
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there's a difference between funding of religious activities and funding secular activities of religious organization.
How is it determined equal and still stand behind separation of church and state? There should be some exceptions put into place for safety as well as necessities for upgrading due to advancement in today's world.
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I believe that this playground is part of the ministry of this church. And, in fact, I look at its bylaws, I look at its advertisements, and it includes play and conducted in a religiously valuable way.
Justice Sotomayor is very clear in her belief that the church should not receive funding for the playground. She admits and strongly support that what she sees, reads and observes is everything religious inside and outside of the church building ( including the preschool).
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the Free Exercise Clause prevents the government from imposing special disabilities on the basis of religious views or religious status,
How does the Free Exercise Clause differ from the Establishment Clause?
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Establishment Clause
The Establishment Clause is mentioned several times. What is this? Does it only pertain to religious institutions or beliefs of religious institutions? How does it affect the recycling program itself?
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mmcr.education mmcr.education
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ut the question is, how are we going to interpret the constitutional right? What are we -- so -- so I guess what I'm asking is, do you see value in the other side in having some flexibility here for States to make these sorts of choices?
I think Elena Kagan is trying to state her belief on the states constitutional rights. That the states should have some flexibility within these rights to have choices.
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Let's suppose that the public school sometimes uses its playground for things other than children playing, whatever they're going to have, a -- you know, an auction or anything else.
I think Justice Roberts is supporting the church receive funding for the recycle playground surface. He states that even though the playground is located on a religious property, this does not mean it will be used for religious activities.
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churches are not eligible for the benefit here. This admitted discrimination against religion violates this Court's Free Exercise Principles
Why would the preschool not be eligible for a recycling program, just because it is on a church property? What is the Court's Free Exercise Principles?
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I believe that this playground is part of the ministry of this church. And, in fact, I look at its bylaws, I look at its advertisements, and it includes play and conducted in a religiously valuable way.
Sotomayor is very clear in her beliefs against the church receiving the funding for a playground. She admits and strongly supports that what she sees, reads and observes is everything religious inside or outside of the church building.
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They don't think they should -- David A Cortman They should be able to deny it on that ground. And the reason I say that is, is all we're talking about is a -- is a surface, a safer surface on the playground for when -- when kids play
I think Cortman is in the majority of passing for the church to receive benefits from the recycle program. He states several times that it is for a safe play surface, not necessarily a religious surface.
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Everson also said that we have to be careful in not establishing a church not to deprive religious people or organizations of general government benefits.
Cortman is trying to explain that there is a necessity in taking steps to protect the equality of not depriving things from religious group of organization based on that reason along.
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guess rather long ago now in the Everson case back in 1947, this Court said in no uncertain terms what the Framers didn't want was tax money imposed to pay for building or maintaining churches or church property.
Ginsburg did not seem to budge on her predetermined decision against the church receiving any government money. I think she was one who dissented from the beginning.
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that absent in Establishment Clause problem
Is the Establishment Clause only pertaining to religious institutions/ or benefits of religious institutions? How does it affect the recycling program itself?
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