POLICY
POLICY
Expenditures, taxes, laws, regulations, nondecisons
Abortion (Roe V Wade)
Roe v. Wade was a landmark decision in which the Burger Court decided that the Fourteenth Amendment’s right to privacy protects the right to an abortion. In the case, a woman from Texas sued the district attorney of Dallas County for challenging a law to make abortion illegal unless there were life threatening circumstances. This decision was later overturned in 2022 from Dobbs v. Jackson Women’s Health Organization, giving states the decision on whether or not to allow abortions.
Gay Marriage
The Supreme Court case of Obergefell v. Hodges was a case that accused the constitutionality of the ban on same-sex marriage. The plaintiffs each argued that the ban violated the Equal Protection Act and the Due Process Clause of the 14th amendment. In all resulting cases, the trial court ruled in favor of the plaintiff. However, the US Court of Appeals for the Sixth Circuit held that the bans on same-sex marriage did not violate the couple’s fourteenth amendment rights.
Student Loan Forgiveness
The United States government has provided ways for student loan borrowers to have their debts forgiven. In recent years, the Biden Harris administration has taken extensive efforts to provide debt relief and much debate has been sparked over whether or not debts should be forgiven and how this should be done.
Gun Rights
Over the years, there has been much debate around how the United States should control guns. Many advocates of gun control argue that the right to bear arms was established in a much different context as to today, where much more powerful firearms have been developed. On the other hand, opponents of gun control believe that the control on firearms infringes on their own rights. One of the most significant rulings on gun control was the Supreme Court case of McDonald v. Chicago, which ruled that the right to bear arms applied to not only the federal government.
Trans Rights
The topic of transgender rights have become one of the major topics in the minds of voters. Relatively recently, there has been further debate on the subjects of transgender people and public restrooms alongside transgender athletes in sports. Currently, there are multiple state bans on spaces transgender people are allowed to occupy in contrast to their sex assigned at birth.
McCulloch v. Maryland (1819) -
In the case of McCulloch v. Maryland, the Supreme Court decided that the government could establish a federal bank. This developed after James W. Culloch, a cashier of The Second Bank of the United States, refused to pay taxes imposed on the bank by Congress. The resulting effect of the Court’s unanimous decision was the establishment of a national bank.
United States v. Lopez (1995) -
In the battle between Lopez v. United States, the federal court charged a 12th grade student with violation of a federal criminal statute, specifically the Gun-Free School Zones Act of 1990. He later received 6 months of imprisonment. This case brought up the question of the constitutionality of the Gun-Free School Zone Act of 1990.
Engel v. Vitale (1962) -
In Engel v. Vitale, the Supreme Court ruled that the official school prayer was unconstitutional. This case began due to the fact that the New York State Board of Regents authorized the recitation of a prayer at the beginning of each school day. This was challenged by arguments stating that it violated the Establishment Clause. In the end, the Court ruled that prayers cannot be held in public schools regardless of whether or not the prayer is voluntary and which religion the prayer is based within.
Wisconsin v. Yoder (1972) -
In Wisconsin v. Yoder, three members of the Amish religion were prosecuted under a Wisconsin law that required all children to attend school until, at the very least, the age of 16. The three all refused sending their children to school past the 8th grade, due to the fact that high school attendance went against their religious beliefs. Many question whether or not this was against the first amendment, specifically freedom of religious beliefs.
Tinker v. Des Moines (1969) -
The Supreme Court decided in Tinker v. Des Moines that freedom of speech could not be suppressed within American public schools. This case was brought to the Supreme Court after a group of students began to wear black armbands to school in protest of the Vietnam War. After attempts from the school to prevent these acts of protest, the students sued the school and the case was eventually ruled upon by the Supreme Court. The Court ruled that the school was violating the First Amendment rights of the students and that the students had the right to protest with symbolic speech.
New York Times v. US (1971) -
In the New York Times v. US case, or what was later named the Pentagon Papers Case, the Nixon Administration tried to prevent the publishing of classified materials belonging to the Defense Department which regarded the United States’ activities in Vietnam. Nixon argued that the prevention was necessary, to protect security. This left many asking if the efforts against the publishing of classified information violated the first amendment.
Schenck v. United States (1919) -
In the case of Schenck v. United States, the Supreme Court ruled that freedom of speech could be limited if an action is classified as creating “clear and present danger”. The Court held that the Espionage Act was not a violation of the First Amendment and Justice Holmes stated that the leaflets were the equivalent of wrongly shouting “Fire!” in a crowded theatre.
Gideon v. Wainwright (1963) -
The decision in Gideon v. Wainwright stated that all criminal defendants have the right to an attorney. Gideon was charged with breaking and entering, and he requested that the court appoint him an attorney. After not being provided one, Gideon filed a habeas corpus petition and argued that the court had violated his right to counsel representation. A unanimous decision from the Supreme Court stated that defendants who could not afford an attorney must be provided with one.
McDonald v. Chicago (2010) -
In the case of McDonald v. Chicago, the gun bans by Chicago and Oak Park in Illinois were challenged in multiple lawsuits after the Supreme Court’s opinion in District of Columbia v. Heller. In that prior case, it was argued that a handgun ban violated the second amendment. In this case, the plaintiffs argued that the second amendment should apply to the states as well. In the end, the district court dismissed the lawsuits.
Brown v. Board of Education (1954) -
Brown v. Board of Education ruled that segregation in American public schools is unconstitutional. The ruling was that “separate but equal” facilities were inherently unequal, as the separate facilities created a detrimental sense of inferiority. This decision had a major impact on segregated facilities, and marked a turning point in the perspective on segregation and discrimination as a whole in American society.
Citizens United v. Federal Election Commission (2010) -
The decision in Citizens United v. Federal Election Commission (FEC) decided that there cannot be limitations on corporations contributing financial resources to political campaigns. The Court’s decision remains highly controversial, and arguments surrounding the extent of corporate donations are still heavily debated.
Baker v. Carr (1962) -
In the case of Baker v. Carr, many Tennessee citizens alleged that a specific 1901 law designed to apportion the seats for the state’s General Assembly was ignored. They argued that the ignoring of this law had significant effects on economic growth and population shifts.
Shaw v. Reno (1993) -
In Shaw v. Reno, it was ruled that redistricting could not occur on the basis of race alone. The Court believed that the shape of the redistricting was considered bizarre enough to raise questions about its intentions. The case has had a lasting impact on how districts are drawn and the division of political lines as a whole.
Marbury v. Madison (1803) -
In the case of Marbury v. Madison, John Adams passed the Judiciary Act of 1801 before Thomas Jefferson took office on March 4th. This act was an attempt to frustrate Thomas Jefferson, as the act appointed 16 new circuit judges and 42 justices of the peace. These appointees were approved by the senate, but they would not be valid until commissions were delivered by the Secretary of State. William Marbury, an appointee of the Justice of the Peace, did not have his commission delivered. He petitioned the Supreme Court to compel the new Secretary of State, James Madison, to deliver the commission.
