Texas v. Johnson was a landmark case that was heard by the United States Supreme Court in 1989. This case was a pivotal moment in the debate over the limits of free speech in America and remains a cornerstone of First Amendment jurisprudence to this day. The case dealt with the constitutionality of a Texas statute that made it illegal to desecrate or otherwise mistreat the American flag.

Gregory Lee Johnson was arrested in 1984 for burning an American flag during a protest demonstration in Dallas, Texas. He was convicted of violating the state’s flag desecration law and sentenced to one year in prison, as well as a $2,000 fine. Johnson appealed his case up to the United States Supreme Court, which eventually agreed to hear the case.

In a 5-4 decision, the Supreme Court reversed Johnson’s conviction. The Court held that the Texas statute that criminalized flag desecration violated the First Amendment’s protection of free speech. The Court noted that the government could not prohibit speech simply because it was offensive or contrary to societal norms. In particular, the Court found that flag burning was a form of symbolic speech, which was entitled to full protection under the First Amendment.

The Court’s decision in Texas v. Johnson was a major victory for supporters of free speech. It reaffirmed the idea that the government could not restrict or punish individuals for expressing their views, even if those views were controversial or offensive. The decision was also notable for the passionate and divergent opinions it elicited from both supporters and detractors of flag burning.

Critics of the decision argued that flag burning was not a form of protected speech and was instead an act of desecration that should be punished by law. Supporters of the decision, however, argued that free speech was a fundamental right that must be protected, even if it was unpopular or offensive to some. They argued that suppressing free speech was a slippery slope that could potentially lead to the suppression of all dissent and political opposition.

In the years since Texas v. Johnson, the debate over the limits of free speech has continued to be a contentious issue in American society. However, the Supreme Court’s landmark decision remains a major victory for the protection of free speech and serves as an enduring reminder of the importance of the First Amendment to the United States Constitution.

In conclusion, Texas v. Johnson was a major Supreme Court decision that helped to define the boundaries of free speech in America. The decision affirmed that the government could not restrict or punish individuals for expressing their views, even if those views were unpopular or controversial. While the decision was not without controversy, it remains an important cornerstone of First Amendment jurisprudence that protects the fundamental rights and freedoms of all Americans.

The Supreme Court has on various occasions dealt with cases that have the First Amendment the crux of the dispute. In other Supreme Court Cases, the judgments rendered have proven that the First Amendment and the Freedom of Speech are not constricted to that of the written and spoken word, but also extend to symbolic speech as well.

Texas v. Johnson is yet another Supreme Court case in which the application and interpretation of First Amendment rights are at the heart of the dispute. Texas v. Johnson deals with quite a controversial issue, one that continues today. Gregory Lee Johnson was participating in a demonstration that was denouncing and protesting some of the policies incurred by the Reagan Administration. In a form of protest, Johnson managed to get his hands on an American flag and proceeded to douse it in kerosene and light it ablaze.

Though many of his protesting comrades understood the symbolism behind his actions and probably applauded him for it, there were many others who were just as disgusted and offended. The issue brought civil penalties against Johnson, including a $2,000 fine, as well as a year in prison. The conviction was brought on appeal to Texas State courts. The first appeal was rejected, but Johnson’s second appeal to yet a higher State court overturned the conviction. The decision was based upon his actions being protected under First Amendment rights.

The State of Texas then brought the matter to the Supreme Court, under the argument that the flag was a national symbol and that flag burning was not only a desecration of national unity but also a breach of peace. Furthermore, Texas had State laws and statutes that prohibited flag burning. Texas was one of the many states having similar provisions, with the exception of only two states in the country not imposing such regulations.

The Chief Justice at the time was William Rehnquist, who would be responsible for presiding over Texas v. Johnson. The Supreme Court eventually rendered a decision in one of the most closely decided and controversial decisions of the Supreme Court. The decision rendered concluded that Johnson’s flag burning was Constitutionally-protected under First Amendment rights. The Court held that even though such an act was not a verbal or written speech, it was protected under the concept of symbolic speech. A similar decision was arrived at in a previous landmark Supreme Court case in Tinker v. Des Moines.

Furthermore, the Supreme Court would also state that regardless of the State of Texas’ intents of preserving unity and protecting a national symbol, they were not valid arguments for the case. Concurrently, the Supreme Court would also strike down the State’s argument regarding the breaching of the peace. Since Johnson’s flag burning did not actually harm anyone or threaten danger to the community, no disturbance or breach of peace actually took place. The Court did state, however, that flag burning could be punishable by law in instances where it constitutes an actual danger or lawless action.

Though flag burning, as an action, will not always present such a circumstance and its potential for such can be grounds to punish the act, flag burning must be actual and readily identifiable as a real threat or lawless action. The consequences of Texas v. Johnson still have effects today, for the issue still remains controversial. On the Constitutional level, Texas v. Johnson has incited several bills proposed by Congress (See Also: The Constitution-Article I) that would prohibit flag burning in the United States on national level. A law by Congress did manage to get passed but was eventually struck down by the same five-person majority of Justices that tried the Texas v. Johnson case.

Tinker v. Des Moines is a landmark Supreme Court case that involved the First Amendment rights of public school students. The case arose in 1965 when several students in Des Moines, Iowa, decided to wear black armbands to school as a form of protest against the Vietnam War. The school board responded by enacting a policy that prohibited students from wearing such armbands on school grounds. This policy led to a legal battle that ultimately reached the Supreme Court.

Background

In early 1965, a group of students in Des Moines decided to wear black armbands to school as a form of protest against the Vietnam War. This protest was organized by Mary Beth Tinker, her brother John Tinker, and their friend Christopher Eckhardt. The students wanted to express their opposition to the war and show solidarity with those who had died or been injured in the conflict.

The school board was aware of the planned protest and decided to enact a policy that would prohibit students from wearing these armbands. The school board’s reasons for this policy included concerns about potential disruptions to the school and the need to enforce a dress code. The students were informed of this policy and were warned that they would face disciplinary action if they continued to wear the armbands.

Legal Battle

Mary Beth Tinker and her brother John Tinker, along with Christopher Eckhardt, decided to sue the school board in a case that came to be known as Tinker v. Des Moines. They argued that the school board’s policy violated their First Amendment rights to freedom of speech and expression.

The case went to trial, and a federal district court ruled in favor of the school board. The students then appealed to the United States Court of Appeals for the Eighth Circuit, which also ruled in favor of the school board. The case ultimately reached the Supreme Court, which heard arguments in November 1968.

Supreme Court Decision

In a landmark decision, the Supreme Court ruled in favor of the students in a 7-2 decision. The Court held that students do not lose their constitutional rights when they enter a public school. The Court further held that the school board’s policy violated the students’ rights to freedom of speech and expression. The Court stated that the school board’s reasons for the policy, such as maintaining order and discipline, were not sufficient to justify the infringement of the students’ First Amendment rights.

The Court’s decision in Tinker v. Des Moines established an important precedent for protecting the free speech rights of public school students. The case has been cited in numerous subsequent cases that have addressed the issue of student rights and free speech in schools.

In conclusion, Tinker v. Des Moines is a landmark Supreme Court case that established the free speech rights of public school students. The case serves as a reminder of the importance of protecting the First Amendment rights of all individuals, including students in public schools. The ruling in Tinker v. Des Moines had far-reaching implications and has been cited in numerous subsequent cases that address the issue of student rights and free speech in schools.

Tinker v. Des Moines would prove to be a reflection of the era in which it was tried by the Supreme Court. The Civil Rights Movement was reaching a heated pitch and the Vietnam War was being protested by many throughout the country.

Protests and rallies were all being held in order to show the discontent with the United States’ involvement in Vietnam and most were avid supporters of the First Amendment and the civil liberties guaranteed under the Constitution’sBill of Rights. Tinker v. Des Moines would directly be a product of the occurrences of the revolutionary 1960s.

Tinker v. Des Moines was a Supreme Court case that would once again deal with the application of the Constitution’s First Amendment rights granted to citizens of the United States. The case revolves around a group of teenagers wearing black armbands with a peace symbol embedded within in protest of the Vietnam War. The School Board was informed of the practice and banned the wearing of such armbands in school.

Certain students, among them John and Mary Beth Tinker decided to violate the policy, which subsequently got them both, along with other students, suspended from their respective schools. The matter was tried in various State courts, with each judgment being ruled in favor of the Des Moines School Board. The Tinkers had no other choice
than to bring the matter before the United States Supreme Court. Presiding over the case was Chief Justice Earl Warren, which would eventually help overrule the State of Iowa’s decisions to uphold the actions of the Des Moines School Board.

It was decided that such a penalty to be imposed upon students would be in violation of the Freedom of Speech Clause of the First Amendment. Furthermore, the Supreme Court held that the First Amendment applied to public schools and their students. Any type of
censorship that is sought on behalf of the school boards would have to provide for a Constitutionally-valid reason or purpose. Even though the protest in question in the Tinker v. Des Moines case does not actually involve a verbal speech, the wearing of the armband is considered as symbolic speech and is protected under the First Amendment.

The Supreme Court ruled that in order for the restriction of free speech to be Constitutional, it must provide for that speech to be disruptive to the function of the school and/or interfere with other students’ rights. Censoring free speech on the basis that it is unpopular or causes discomfort is not grounds to restrict the Freedom of
Speech. Even though the Court rendered that the freedom of the speech was to be upheld in public schools, there were those on behalf of the minority involved in the decision that disagreed with the ruling.

They believed that if the students were given more freedoms on school grounds, that it would eventually, defeat the educational purposes of a school facility due to the the disruption caused by students exercising Freedom of Speech rights without control. Regardless, the First Amendment rights to students were upheld in the Tinker v. Des Moines case.

Korematsu v. United States is a landmark Supreme Court case that addressed the legality of Japanese internment during World War II. The case arose in 1942, when President Franklin D. Roosevelt issued Executive Order 9066, which authorized the forced relocation and internment of Japanese Americans living on the West Coast. Fred Korematsu, an American citizen of Japanese descent, was arrested and convicted for violating the order and failing to report for relocation to an internment camp.

In his defense, Korematsu argued that the internment order violated his constitutional rights, particularly his Fifth Amendment rights to due process and equal protection. Despite his arguments, the Supreme Court upheld Korematsu’s conviction and the constitutionality of the internment program.

The Court’s decision was based on the premise that the government’s need to protect against potential espionage and sabotage during wartime outweighed Korematsu’s individual liberties. The Court held that “emergency situations” such as war time allowed the government greater latitude in restricting civil liberties.

However, the ruling in Korematsu v. United States has been widely criticized for being a gross violation of civil rights. The forced relocation and internment of Japanese Americans has been recognized as one of the most shameful chapters in American history and a clear example of institutionalized racism and xenophobia.

Over the years, the Korematsu decision has been widely discredited and condemned by many legal scholars and civil rights activists. In 1983, a federal commission was established to investigate the internment of Japanese Americans during World War II, and it ultimately concluded that the program was a “grave injustice” that was based on “race prejudice, war hysteria, and a failure of political leadership.”

In 2018, the Supreme Court finally overruled its decision in Korematsu v. United States, stating that it had been “gravely wrong” and that it violated “fundamental principles of the Constitution.”

Korematsu v. United States remains one of the most controversial and consequential Supreme Court cases in American history. The decision stands as a stark reminder of the dangers of unchecked government power and the importance of protecting the civil liberties of all individuals, particularly in times of crisis.

Korematsu v. United States (1944) was a significant United States Supreme Court case that ruled that the Government’s use of Japanese internment camps during World War II was Constitutional.

This decision, written by Justice Hugo Black, was very controversial because it was the first time the Supreme Court ruled on racial discrimination based on the strict scrutiny standard. This means that the Supreme Court applied the most stringent interpretation of the law to justify the use of Japanese internment camps as superior to individual rights.

Executive Order 9066, passed in 1942 by President Franklin Delano Roosevelt, ordered those with “Foreign Enemy Ancestry” to be sent to internment camps. Although the order did not technically name any ethnic groups, this applied to about 12,000 Japanese Americans. The U.S. Government considered these individuals to be of heightened risk to national security.

Fred Korematsu was a Japanese American living in California who, after being ordered into a Japanese internment camp, refused to leave his city. Korematsu claimed that the Executive Order violated his personal rights as specified by the Fifth Amendment to the United States Constitution. This Amendment in the bill of Rights states that no person shall be “deprived of life, liberty, or property without due process of the law”. Korematsu argued that he was being deprived of his right to live freely without the appropriate legal
process. This due process of the law clause has been found in previous court cases to restrict the type of control that the Government is permitted to exercise over citizens.

Korematsu was arrested for violating the order. The Supreme Court found, based on the precedent of Hirabayashi v. the United States, that the Government The order was not based on racial prejudice but based on the fear of an incident similar to Pearl Harbor. Justice Black claimed in his decision that the United States military was acting properly because the U.S. feared a possible invasion from Japan. This temporary segregation of Japanese Americans was ruled to be constitutional on the basis of “military urgency”.

The case was decided on 6-3. Three Supreme Court Justices wrote dissents against the use of Japanese internment camps. These dissents compared the treatment of Japanese Americans to the policies of Nazi Germany and claimed that the Order was based entirely on racial discrimination rather than military necessity. Justice Frank Murphy’s dissent called the decision the “legalization of racism”. Korematsu’s argument for his refusal to relocate to a Japanese internment camp was based on a violation of both the Fifth Amendment and a writ of habeas corpus.

Under a writ of habeas corpus, a person should be able to obtain relief from unlawful detention. However, Korematsu was denied this right. Although Korematsu’s conviction was overturned in 1984, this was based on the ruling that the United States Government had supplied false information in the original court case. However, the 1944 decision that the Government’s use of racial discrimination by forcing Korematsu into a Japanese internment camp was Constitutional was not overturned.

Lochner v. New York was a landmark Supreme Court case that took place in 1905. The case arose after the State of New York passed an 1897 law that limited bakers to working no more than 60 hours per week or 10 hours per day. Joseph Lochner, a baker, was charged with violating the law, and he challenged the constitutionality of the statute under the Due Process Clause of the 14th Amendment.

The Supreme Court ultimately struck down the New York state law in a 5-4 decision, holding that the law violated the liberty of contract protected under the Due Process Clause. The Court reasoned that the government had no business interfering with the terms of private contracts between employers and employees, and that these contract rights were fundamental to the American economic system.

The Lochner decision became one of the most controversial and significant cases in the history American constitutional law. The case exemplified the Court’s willingness to strike down economic regulations and interventions by the government in favor of laissez-faire capitalism.

However, over time, Lochner v. New York has been widely criticized by legal scholars and historians. Critics argue that the decision was motivated more by the Court’s preference for capitalist economics than by sound legal reasoning or concern for individual liberties. Moreover, the decision has been accused of perpetuating the subordination of workers’ rights to those of businesses.

In the decades following Lochner, the jurisprudence of the Supreme Court shifted, and the Court became more willing to uphold economic regulations and labor protections. In particular, the New Deal reforms of the 1930s led to a shift in judicial attitudes, and the Supreme Court began to recognize the government’s legitimate interest in regulating the economy to protect the public welfare.

Today, Lochner v. New York stands as an important reminder of the historical tension between individual liberties and government regulation. While the decision has been largely discredited by legal scholars and historians, it remains a vital part of American constitutional law and a symbol of the long-standing struggle to balance individual rights with the public good.

Lochner v. New York (1905) was a significant the United States Supreme Court ruling which held that the Fourteenth Amendment of the United States Constitution provided individuals with the liberty of contract.

The Court held that the Fourteenth amendment includes the protection of personal rights. The Laws of 1897 were enacted in the State of New York and required, among other things, that people working in a bakery must not work more than ten hours per day or sixty hours per week (called the Bakeshop Act). Joseph Lochner was the owner of a bakery who was fined for requiring an employee to exceed these employment hours.

Lochner appealed this conviction and, after losing two appeals, he eventually appealed to the United States Supreme Court. Lochner claimed that his rights, specifically those laid out in the Fourteenth Amendment, were being violated. The Fourteenth Amendment guarantees all citizens due process of the law before being deprived of “life, liberty, or property”. This Due Process Clause was shown in previous cases to limit the amount of control the Government was able to exercise over citizens. The type of control specifically questioned in this case was the ability of the Government to dictate the type of labor
contracts people are permitted to engage in.

Lochner enforced his right to freedom of contract. Lochner’s attorney argued against the defense saying that the Bakeshop Act was not protecting the health of bakery workers because modern bakeries were sufficiently ventilated. The United States Supreme Court’s decision, written by Justice Rufus Peckham held that the Bakeshop Act was unconstitutional. Peckham acknowledged that, although the freedom of contract doctrine was not unlimited, it did protect Lochner in this case. The Supreme Court Justice went on
to say that some labor restrictions by the Government are necessary to protect individuals who are being exploited, but that this does not apply to bakers.

This decision set precedent for several other cases including a ruling that declared
certain minimum wage laws unconstitutional. The Lochner case furthered the substantive
interpretation of the Due Process Clause of the U.S. Constitution. This means that not only does this Clause entitle a person to a proper legal procedure, but also limits the amount of control the U.S. Government can exercise over individuals. This case sparked a “Lochner era” where the Supreme Court declared plenty of statutes regulating labor conditions to be unconstitutional.

US v. Nixon is without a doubt one of the most significant Supreme Court cases in American history. The case arose during the Watergate scandal of the early 1970s, which involved President Richard Nixon’s administration’s attempt to cover up its involvement in illegal surveillance and break-ins targeting the Democratic Party’s headquarters at the Watergate complex.

As part of the investigation, special prosecutor Archibald Cox issued a subpoena demanding that President Nixon turn over audio tapes of conversations recorded in the Oval Office. Nixon initially refused to comply and argued that his executive privilege protected him from having to give up the tapes.

The case eventually made its way to the Supreme Court, which was tasked with deciding whether or not the president’s executive privilege was absolute or limited and whether the tapes were crucial evidence in a criminal case.

In the landmark decision of US v. Nixon, the Supreme Court found that no one, not even the president, is above the law. In an 8-0 decision (with Justice Rehnquist recusing himself), the Court ruled that the president’s executive privilege was not absolute and that the tapes were essential to the ongoing investigation of the Watergate scandal.

The decision was a landmark moment in American constitutional history that reaffirmed the principle of the rule of law and the separation of powers. The Supreme Court specifically rejected the argument that the president was a monarch or sovereign ruler with complete and unfettered power.

The ruling in US v. Nixon was a major blow to President Nixon, who was ultimately forced to turn over the tapes and resign from office in the aftermath of the Watergate scandal.

More than four decades later, the legacy of US v. Nixon continues to be felt throughout American politics and law. The case stands as a reminder of the importance of the judiciary as an independent branch of government, free from political interference or executive pressure. It also serves as an example of the power of the Constitution to protect American democratic institutions and promote accountability and transparency in government.

Following the unrest created by the Pentagon Papers and New York Times. United States trial, it was clear that there was much civil unrest regarding the situation of the United States’ involvement in the Vietnam War.

Further occurrences would prove to be fuel to the fire, such as the Kent State University shootings and President Nixon’s approval to attack Cambodia. However, all of the turmoil would finally be capped off by what became known as the Watergate Scandal. The Watergate Scandal would essentially place President Nixon in the middle of illegal activity, such as breaking and entering, burglary, and other such crimes.

Eventually, the senate would begin an investigation that would uncover the makings of a cover-up at the behest of the Nixon administration involving Watergate. Eventually, it would be discovered that Nixon had installed some form of taping a system that recorded conversations with members of his administration as well as his advisors. Nixon would refuse to release the tapes as demanded by the Supreme Court, claiming that this property was protected under executive privilege. Nixon would eventually comply, but the tapes would be partially erased.

The United States Supreme Court had several issues to tend to regard the Watergate Scandal and the involvement of President Nixon. However, the Watergate case had implications on the Constitutional level that had to be addressed. Firstly, the Constitution would have to be examined to evaluate whether the President had absolute power to withhold important information from the other branches of power and if the executive privilege clause could be claimed in such a circumstance.

Furthermore, the Court also had to address how such a dispute is to be settled to be concurrent with the separation of powers, regarding whether the Judicial or Executive Branch would have jurisdiction in resolving the matter. It was also considered whether or not if the claiming of executive privilege violated provisions of the Fifth and Fourteenth Amendments regarding Due Process.

The Chief Justice presiding over U.S. v. Nixon was Warren E. Burger and would provide for a unanimous Supreme Court decision in favor of the United States, demanding that the Nixon administration surrender the recordings. Burger noted that the question of executive privilege and its the application would prove to be determined by the courts and the Judicial Branch, particularly in this case where criminal activity was involved. Furthermore, Burger would also conclude that executive privilege, in this case, would prove to violate the Constitutional rights of citizens of the United States (See Also: The Constitution-Bill of Rights).

Concurrently, Burger also stated that the withholding of the tapes would prove to be violations of the Fifth Amendment as well as the Sixth Amendment. Because the Fifth Amendment provides for Due Process, it was necessary that the President comply with the orders of the Court so as to not impede the criminal proceedings. The Sixth Amendment provides that a defendant in a trial can be confronted by witnesses against the accused, thus extending the tapes as evidence necessary to continue the trial.

In general, the Supreme Court would provide a limitation to the Executive Branch by restricting the powers and liberties that the President can employ. His/her position as the President of the United States does not render him/her above Constitutional law. History proves that Nixon would resign his office as President in light of the incriminating evidence that was brought upon him through the impeachment trials. Nixon would be the first President of the United States to resign the position.

Epperson v Arkansas was a significant United States Supreme Court case that was decided in 1968. The case centered around a state law in Arkansas that prohibited the teaching of evolution in public schools. The plaintiff, Susan Epperson, was a high school biology teacher who challenged the law on the grounds of its violation of the First Amendment.

The Supreme Court’s decision was a pivotal moment in the fight for academic freedom and the separation of church and state in American education. In the 7-2 ruling, the Supreme Court found that the Arkansas law was an unconstitutional infringement on academic freedom and violated the Establishment Clause of the First Amendment.

The court held that the law was an attempt to promote a particular religious view and impose it on students, which breached the principle of religious neutrality and the government’s obligation to remain neutral in religious matters.

The Epperson v. Arkansas decision was groundbreaking for many reasons. It marked the first time that a Supreme Court ruling explicitly struck down a state law that prohibited the teaching of evolution in public schools. This decision paved the way for later Supreme Court cases, such as Edwards v. Aguillard and Kitzmiller v. Dover Area School, that further reinforced the importance of teaching evolution in public schools as a valid and vital scientific concept.

Moreover, Epperson v. Arkansas also represented a crucial victory for advocates of academic freedom and progressivism in education. The Supreme Court declared that public schools had a responsibility to teach scientific theories and concepts free from religious bias or influence. This decision, therefore, represented a significant step towards the normalization of scientific inquiry and scientific literacy in American education.

In summary, Epperson v. Arkansas was a landmark decision that marked a turning point in the fight for academic freedom and religious neutrality in American public education. The Supreme Court’s ruling affirmed the importance of science and reason in education and set a precedent that continues to influence American public education today.

The Epperson v. Arkansas trial proved to be among the landmark Supreme Court decisions that would have certain questions or considerations based on the application of the United States Constitution.

The Epperson v. Arkansas case invokes the occurrences that happened nearly forty years earlier in Tennessee with theinfamous Scopes Trial of 1927. Even though Tennessee is one of the most famous states in which the teaching of evolution in schools was prohibited, it was not the only State to apply similar provisions at the State level.

The Scopes trial would be one of the landmarks Supreme Court Decisions that would prove to be repeated in a similar fashion once again with the Epperson v. Arkansas trial. The case revolved around an Arkansas State provision that prohibited the teaching of human evolution in schools. This statute, if violated, could levy hefty fines and dismissal from a teaching position under Arkansas laws. The provision would be challenged by a tenth-grade biology teacher, Susan Epperson.

Initially, the lower courts would rule in her favor, but an appeal at the Arkansas Supreme Court would overturn the decision, citing almost no legislation for the basis of its decision. Epperson would then also appeal and the case would reach theSupreme Court. Chief Justice Warren would oversee the proceedings and eventually render a decision in favor of Epperson. The Supreme Court decision would have ramifications at the Constitutional level on the basis that Arkansas could not implement statutes or laws to remove a segment or part of a curriculum on the basis that it conflicts with certain religious beliefs.

This practice is in violation of the First Amendment of the United States Constitution, and therefore, unconstitutional. More specifically, it violated the Establishment The clause of the First Amendment, which states, “Congress shall make no law respecting an establishment of religion.” In seeking to protect certain religious views that were in conflict with the teaching of evolution, the Arkansas State laws would effectively be establishing a preference or inclination toward a particular religious sect.

The Supreme Court decision also regarded that such laws would also infringe on the Fourteenth Amendment, which protects the citizens’ from interference imposed by the State legislation or laws with their rights under the First Amendment. Though the main issue at hand was the violation of the First Amendment, the violation of the Fourteenth Amendment was also applied because the State laws imposed a restriction upon the freedom of speech and freedom of religion.

Even though the Court would agree that the issue of the school curriculum is to be determined and established by local officials and state governments, it could not impose teachings in which particular favoritism or inclination toward a religious faction is implemented, either directly or indirectly. Therefore, the Supreme The court decision of Epperson v. Arkansas would not allow the prevention of teaching evolution in schools.

Even though certain states would integrate biblical creation along with evolution as a way to circumvent the landmark Supreme Court decisions, this would only lead to further court decisions in which Epperson v. Arkansas would be used as precedent in the rulings.

Employment Division v. Smith was a landmark case that was decided by the United States Supreme Court in 1990. The case dealt with the question of whether religious belief was sufficient justification for breaking a law that did not specifically target religion. In the end, the Supreme Court ruled that religious beliefs could not be used as justification for violating a neutral and generally applicable law.

The case centered around two Native American men who were employees of a drug rehabilitation center in Oregon. They were fired for testing positive for the drug peyote, which they had consumed as part of their religious practice. The men applied for unemployment benefits but were denied by the Oregon Employment Division because they had been fired for cause.

The two men challenged the decision, arguing that their religious beliefs should exempt them from the drug testing requirements. The case made its way to the Supreme Court, which was tasked with deciding whether the Free Exercise Clause of the First Amendment would protect the men’s use of peyote as part of their religious practice.

In a 6-3 ruling, the Supreme Court found that the Free Exercise Clause did not provide protection for illegal activities committed as part of religious practices. The ruling declared that the government could enforce neutral and generally applicable laws even if their enforcement impinged on religious beliefs.

The decision in Employment Division v. Smith was a major departure from the Supreme Court’s earlier rulings on the Free Exercise Clause. In the past, the Court had provided significant protection for religious practices, even in cases where it conflicted with otherwise applicable laws. However, this case created a higher standard for religious exemptions to laws, requiring that the laws be specifically targeted at religion for such exemptions to be justified.

The ruling in Employment Division v. Smith had far-reaching implications for religious freedom and the relationship between religion and the law. It marked a significant shift towards a more secular interpretation of the First Amendment in the context of the law. The case also highlighted the ongoing tension between religious beliefs and the government’s responsibility to uniformly enforce neutral laws.

In conclusion, Employment Division v. Smith was a major decision that transformed the way the Supreme Court approached the Free Exercise Clause of the First Amendment. The case affirmed the power of the state to enforce neutral laws, even if their enforcement impacted religious practices. It remains an essential part of the ongoing discussions on the meaning of religious freedom and its implications in American society.

The Supreme Court case of Employment Division v. Smith was one that proved to be complex in its nature, for it had various concepts that had to be addressed in order to render a decision. Once again, the Supreme Court would be dealing with the application of First Amendment rights.

In the Employment Division v. Smith, the specific matter at hand was whether or not an employer could deny unemployment benefits to a person that was fired for the use of a controlled substance (See Also: Controlled Substances) for religious reasons.

Furthermore, the Court had to determine if such practice could be found to be in direct violation of First Amendment rights. The Employment Division v. Smith case specifically dealt with employees that were members of the Native American Church, which normally practices the ingesting of peyote as a religious ceremony.

These employees were fired on the basis of being found in possession of peyote, which is considered a criminal offense in the State of Oregon. The grounds of possession was the main reason that these employees were denied unemployment benefits, which would cause the matter to be brought to the courts. The State courts of Oregon would eventually reverse the prohibition of unemployment benefits on the basis that the use of peyote was protected under the First Amendment’s freedom of religion. The State would appeal to the United States Supreme Court, still holding the argument that such denial was proper due to the possession and use of peyote being a crime.

The Supreme Court, upon examining the case, would return the matter back to Oregon courts. The reasoning was that the State would have to conclude on its own accord if the use of illegal drugs for religious reasons would be in violation of the State’s own drug statutes. Oregon State would find that even though the consumption of illegal drugs for religious reasons was considered illegal, such ruling would also violate the First Amendment.

However, the a key factor behind the Oregon law was that it was not implemented with the purpose of singling out the Native American practice of ingesting peyote for religious purposes, but rather it applied to all residents of the State. On this basis, the Supreme Court, with Chief Justice William Rehnquist presiding, would rule in favor of the State and not of Smith. It would be the first time that the Supreme Court would rule against a person citing freedom of religion violations in United States history.

The main reasoning behind the decision of the Supreme Court was that it was concluded that Smith and the other employees were using their religious beliefs and First Amendment rights as a way to circumvent applicable laws regarding the use of illicit drugs or controlled substances. Furthermore, the Court also stated that such a breach of the freedom of religion was not caused as a direct effect of law, but rather a circumstantial happenstance. These laws were also not directed to prohibit the free exercise of religion to any particular religious sect, but rather intended to apply to the general public.

For this the reason, the Supreme Court decided that no First Amendment violation had occurred. To further support the decision, the Supreme Court also cited that the exemption to permit the religious use of a drug, peyote in this particular case, is Constitutionally-permissible, but not Constitutionally-required. Even though this would prove to be the first time in which the freedom of religion clause was not upheld by the Supreme Court, it would not undermine the Constitutional provision.

However, it did provide for a more succinct relationship between that of religion and Government. Even though in this particular case, it may be deemed that the Government interfered with religious practice, it did so in a sense that was inadvertent and as a contingency to an issue over which the Government does have control, the use of illegal drugs.

Prior to the United States Supreme Case of Gibbons v. Ogden, all commerce that was between the states was regulated by the states themselves. However, the case levied against Thomas Gibbons by Aaron Ogden would shape the way interstate commerce would ultimately change.

Gibbons sued Ogden on the basis that the State of New York granted a license for the operation of a steamboat to carry passengers from the State of New Jersey to the ports of New York City. Ogden argued that he had the sole monopoly over that specific waterway route and Gibbons was infringing upon a State-issued mandate or permission. However, Gibbons was issued a license for the same route by the Federal Government, specifically by the United States Congress (See Also: Article I).

Ogden would employ the argument that states controlled the laws regarding interstate matters. Furthermore, it was also argued that the State powers regarding interstate trade and commerce were on the same plane as those of Congress and should be equally upheld. The New York Courts would rule in favor of Ogden, restricting Gibbons’ use of the same route and maintaining Ogden’s monopoly.

Gibbons v. Ogden would eventually appeal the State’s decision and the matter would reach the Supreme Court. Presiding over the matter was Chief Justice John Marshall, now famously known for being a key component in shaping the application and interpretation of the Constitution and other important Supreme Court cases.

The main issue at hand that would be considered by Marshall was Article I, Section 8 of the United States Constitution, known as the Commerce Clause. The Commerce The clause stated that Congress would have the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Marshall would interpret the Commerce Clause on a broader scope, in which navigation would be included under the umbrella of the term “Congress” as used in the text. Furthermore, the Supreme Court would also reach the conclusion Congress’ power over State commerce should incorporate all aspects of the practice and such power would, therefore, also include regulation of interstate commerce and trade.

Marshall would eventually deem that the monopoly of the route established by the State of New York and Ogden was unconstitutional, for it interfered with the power of Congress to regulate interstate commerce. The Supreme Court overturned New York’s decision and ruled in favor of Gibbons. Through Gibbons v. Ogden, the United States Supreme Court helped re-establish Congress’ power over interstate commerce and reinforce the Constitution as the supreme law of the land. Furthermore, it also helped re-affirm the central Government’s power in the United States’ Federal structure.

The decision affirmed that even though both states and the Federal Government have delegated and specific powers enumerated in the United States Constitution, it is the Federal power of the Government, in which Congress is supreme, that questions of jurisdiction of interstate commerce have prevalence.

The only time that State legislation would have any impact over interstate commerce would be in situations where concurrent jurisdiction would apply, such as for taxation purposes (See Also: However, there would be a period in time in which the Commerce Clause would be restricted due to another case, United States v. E.C. Knight Co., where congressional power would be limited. This period would last from 1895 until the 1930s, in which the Supreme Court would reinstate the original application of the Commerce Clause, as established in Gibbons v. Ogden.).

Marbury v. Madison is one of the most significant court cases in United States history. Its significance can be evaluated on different levels, however, the most
important is the fact that the case would grant the Supreme Court and the rest
of the Judicial branch extended powers not written into law by the Constitution.

Furthermore, it would be the first time that the Supreme Court would declare something as “unconstitutional”, setting precedence over the responsibility and power of the Judicial Branch in times to come. Marbury v. Madison was the result of William Marbury petitioning the Supreme Court for a writ of mandamus in regards to his newly appointed position as Justice of the Peace in the District of Columbia. A writ of mandamus, in simple terms, is simply a petition to the courts that a specific action be taken or barred.

James Madison, the Secretary of State at the time, refused to deliver certainly documents to Marbury that would establish his new office on the contingency that such documents were not delivered during the Presidency of John Adams, whose term had expired. The matter was brought to the Supreme Court, with Marbury basing his claims on the Judiciary Act of 1789. John Marshall, the Chief Justice, upon examination of the Act and the Constitution, would encounter several factors that proved problematic. Marbury’s main argument was based on the Judiciary Act of 1789, which would grant the Supreme
Court jurisdiction over writs of mandamus by the powers of Congress (See Also: Article I).

Marshall was faced with certain issues regarding the Constitution and the powers delegated to both Congress and the Supreme Court. Marshall and the Supreme Court
would have to address whether Article IIIof the Constitution sanctioned for Congress to modify original jurisdiction and if it had to power to do so. Furthermore, the original jurisdiction as defined in Article III provides for any written provisions regarding such practice, and if Congress modifies those Constitutional provisions, it becomes an issue of determining which of the two is to have more power. In the process, Marshall would be establishing the practice that is now known as judicial review.

Judicial review is one of the most important outcomes of this case because it would become the ability of the judicial branch to review practices of both the Legislative and Executive branches and declare laws unconstitutional. Judicial review is the power of the
courts to review laws or administrative practices and determine if they are within the confines allowed by the United States Constitution. Judicial review was established when Marshall used provisions in the Constitution that would lead him to state that the Congress did not have the power to modify the Supreme Court’s jurisdiction.

The Judiciary Act and the Constitution would prove to be conflicting legislation. Marshall would also determine that any Congressional act that is in conflict with the Constitution could not be deemed as law. Because the Constitution is deemed as the supreme law in the United States, the Courts must follow it precisely as their main function in the Judicial Branch. Therefore, by establishing judicial review, the Court would be able to decide how and when laws of the United States and Constitutional law applied to a particular matter, and that the Supreme Court should uphold the Constitution in higher regard. If laws conflict with the Constitution, then through judicial review, the Supreme Court must deem them as unconstitutional.

Ultimately, Marshall would declare that the Judiciary Act of 1789 that was passed by
Congress was unconstitutional and would, therefore, be rendered invalid. In the case of Marbury v. Madison, Marbury would lose the litigation and never take the position of Justice of Peace that was originally appointed to him. Marbury v. Madison would become one of the most important Supreme Court cases in United States history, for it established the precedent of judicial review, thus granting the Judicial Branch certain powers over the Legislative and Executive branches. Judicial review would essentially employ the system of checks and balances, thus ensuring the democratic process and structure of the United States Government.