Court Briefs for Congress

On February 10, 2020, in Assignments, by lwaddell

The two court cases that deal with Congress are Baker v Carr and Reno v Shaw. Your task is read each case and answer the following questions:

  1. What is the background of the case (facts and prior history
  2. What is the Constitutional provision(s) at issue?
  3. What was the majority opinion and what wasthe dissenting opinion?
  4. What are the implications (what effects did it have on government and or individuals; why is it an important decision?)

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US v Lopez

On January 28, 2020, in Assignments, by lwaddell

United States v Lopez is the last court case to deal with Federalism. This one looks at the Commerce Clause. I have included a link to the case, a link for the Commerce Clause and a sheet on how to brief a court case. Your assignment is to create a brief for this case. This assignment will be due at the beginning of the next scheduled class meeting.

United States v Lopez

Commerce Clause-explained

How to Brief a Court Case

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McCulloch v Maryland

On January 28, 2020, in Assignments, by lwaddell

McCulloch v. Maryland Assignment

  1. The exercise below gives you a list of Congressional actions. Using the argument in McCulloch v. Maryland determine whether or not the Congressional action below is an implied power of Congress. Your answer must incorporate rationale from the case and Article I, Section 8 of the Constitution.
    1. Congress sets a federal minimum wage.
    2. Congress establishes the United States Air Force.
    3. Congress establishes national parks.
    4. Congress creates federal laws against pollution.
    5. Congress makes laws regarding discrimination in employment.
    6. Congress decides that televisions should have V-chips that enable parents to block certain shows.
    7. Congress passes the Gun-Free School Zones Act prohibiting anyone from possessing a firearm in a school zone.

McCulloch v. Maryland Syllabus from Justia.com
McCulloch v. Maryland Case Brief from Streetlaw.org

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Marbury v Madison

On January 28, 2020, in Assignments, by lwaddell

Marbury v Madison

1. Chief Justice Marshall recognized that all three branches of the government take oaths to uphold the Constitution. Why, then, did he feel that it is the responsibility of the courts to determine ultimately whether or not a law is unconstitutional when it is challenged in a case and controversy?
2. Why, according to Marshall, is the Constitution superior to any ordinary act of the legislature?

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