You are on page 1of 30

AP US Government Review

Merritt

Foundations
John Locke Purpose of government is to protect life, liberty and property
Federalist Papers Madison Federalist 10 and 51
o Control the effect of factions and control the power of the national
government
Separation of Power, Checks and Balances, and Bill of Rights
Implied Powers Powers not specifically enumerated
Derived from Supremacy Clause (Article VI) McCullough v. Maryland
Constitutional safeguards Delegates reflection of cynical view of government
Separation of Power
Checks and Balances
Bill of Rights added 1791 as part of a deal
Formal and informal ways to amend the Constitution
Formal
o 2/3 vote in each house of Congress or national convention called by
Congress at request of 2/3 of state legislatures
o Ratification of state legislatures or special state ratifying convention
o President has NO formal role in amending process
Informal
o Judicial interpretation Marbury v. Madison
o Political practice the growth and influence of political parties
o Presidential actions Executive order, Executive agreements
Federalism
Dual - ends approximately 1930
o McCullough v. Maryland implied powers
o Gibbons v. Ogden Elastic Clause use of Commerce Clause
o USe of Commerce Clause recently struck down @@@@@Case
Cooperative 1930-present
o Creative mainly in the area of civil rights and environmental areas
o Coercive unfunded mandates and preemption
Federal grant system Categorical v. Block
Unfunded mandates
Advantages and disadvantages of Federalism
1. Advantages
More opportunities for individual political participation
More access to government

2.

Allows for individual states to act in their own best interest


Allows for more political party opportunity grass roots
Allows for a great diversity of public opinion
State and localities serve as testing grounds for controversial or critical issues
Disadvantage
The diversity of states creates 50 different responses to similar issues
Slow and cumbersome
Duplication of services
Confusion of which level an issue belongs
Fear of preemption by National government
Over 86,000 different governments

Democratic and Interest Group Theory


Democratic theory
o Equality in voting
o Effective participation
o Popular sovereignty
o All have equal rights opportunity v. outcome
o Personal liberty
Elite theory
Pluralism
Hyperpluralism
Electoral College
o Arguments for
o Majority necessary gives the country a President with a clear majority
o All states count
o Arguments against
o Faithless electors
o Depression of voter turnout
o Results may be opposite of popular vote minority president
Executive
o White House staff Most significant advisors the president has: See him on a
daily basis, travel with, interact
o Power
1. Enumerated Article II
o Treaty
o Nomination
o Commander in Chief
o Pardon
o Veto
2. Implied Executive authority is vested.
o Executive orders, Executive agreements, Executive privilege

o Strengths
o Influence of political agenda
o Speak directly to the citizens
o Deploy troops for 60 days Gulf of Tonkin Resolution 1964 v. War
Powers Act 1973
o Make treaties
o Nominate ambassadors, judges, etc.
o Convene and adjourn Congress
o Veto Legislation
o Pardon power
o Weaknesses
o Cannot declare war
o No Presidential budget Must rely on legislature (House of
Representatives) for funding
o Impeachment
o Complex issues can not be informed on all issues
o Excessive media attention
o Impeachment House Draws up Articles of impeachment, Senate conducts trial
need 2/3 majority, Chief Justice is the Presiding judge
o Veto Power President can veto legislative actions, may be overridden with a 2/3
majority of both houses of Congress
o Line item veto President can line out sections of bills he does not like
Originally aimed at spending bills declared
Unconstitutional 1997 Clinton v. NYC
Bureaucracy all the governmental agencies
1. Independent Regulatory agencies
a. ICC, OSHA, NLRB, FTC, SEC
2. Cabinet
3. Independent executive agencies Serve a narrow scope and function than other
agencies, not regulation, more administrative
a. GSA, NASA, NSF
4. Government corporations
a. Amtrak, US Postal service
o Weber Characteristics of bureaucracy
o Hierarchical authority structure
o Task specialization
o Extensive rules
o Clear goals
o Merit principle
o Impersonal
o Unique American bureaucratic characteristics
o Divided supervision

o Close public scrutiny transparency


o Regulation rather than public ownership
o Problems of the bureaucracy
o Red tape
o Agencies can work in conflict
o Duplication of services
o Growth of agencies
o Waste spending more than necessary
o Bureaucratic power checks
o Creation of agency by Congress
o Statutory (legal) restrictions/requirements
o Authorization v. Appropriations
o Congressional oversight
o Executive and Bureaucracy
o Conflict based on political agendas
o Executive micromanagement/increased oversight by executive
o Executive can restructure/reorganize departments
o Legislative oversight of Bureaucracy
o Funding
o Rewrite authorizing legislation
o Hold hearings
Legislative - House of Representatives and Senate
Most of the governments work takes place in the committees
o Most bills introduced in committee never leave
o Committee types
o Standing Foreign affairs, judiciary, appropriations, ways and means
o Conference used to settle differences on bills
o Joint Both house together
o Select Specific purpose Committee on taxation
1. Older and more experience are normally the committee leaders
2. House very specific rules Senate more laid back
3. House has a Rules Committee very powerful determines the length of time a bill
will be open for debate and consideration, can allow open rules or closed rules
a. Open rule bills may be debated on floor of House
b. Closed Rule No amendments allowed
c. Discharge petition majority of House may ask for a discharge of any bill
blocked in committee
4. Senate no rules committee normally unlimited debate until cloture call
a. 60% of Senators must vote to end debate
b. Filibuster To talk an issue to death: Usually done to block legislation
c. Hold Senator may put a hold on any bill. Bill does not leave committee until
hold is released
5. Incumbency factor Incumbents win at about the 95% rate

6.
7.
8.
9.

More well known name recognition


Credit claiming
Weak opponents: Since running against an incumbent is daunting many good
candidates refuse or choose not to run
Franking privilege: Congressman have unlimited mail budgets as long as the
mailing does not advocate voting a specific way
Case work
Free press
Normally have party support
Senate campaigns more expensive and intense than House
Redistricting every 10 years after the census, last census 2000, Pa. lost 2 seats in the
House, Southwest and south gaining seats, sun belt
o Gerrymandering redistricting in such a way to protect specific seats for a party
Why is Congress so slow
o Committee system, compromises difficult to reach, threat of veto, overrides
difficult
Supreme Court cases that impact election of legislators
o Bush v. Gore 2000 5-4 decision forbidding a hand recount of Floridas ballots
1. Justices voted along party line
o McConnell v. FEC Upheld prohibition of national parties raising or spending
soft money to pay for electioneering; electioneering spending must be disclosed to
FEC; minors allowed to contribute to political campaigns
o Buckley v. Valeo 1976 Unlimited spending by candidates using their own $$ is
Constitutional; Exception Presidential candidates who receive accept public
funding

Judiciary
1. Dual court system National and State levels
Within each level 3 parts
National
- District
- Appellate
- Supreme Court
2. Cases start at the lowest level
a. Most settled at the District level
b. Cases may be appealed to the appellate level for only procedural issues or
challenges to Constitutional rulings no new evidence introduced
c. Supreme Court usually hears about 90 cases annually
1. Writ of Certiorari SC grants a case to be heard
2. Rule of 4 if 4 of the justices want to hear a case, the case is heard
3. Original jurisdiction Very few cases are OJ at the SC level
o Cases dealing with the President
o Conflicting rulings from district courts
o Cases between states
3. Marbury v. Madison Judicial review Unwritten amendment to Constitution

4. Judicial Precedent Stare Decisis Let the ruling stand: The practice of following `
previously decide case law
5. Judicial Activism v. Judicial Restraint
The belief that judges use their position to legislate
Warren Court 1953-1969 Brown v. Board Activism?
Arguments for activism
o Courts can fix a pressing need left unmet by the political process
o Constitutional issues arise not addressed by the Constitution
o Constitution is too vague, must have room for interpretation
Arguments for restraint
o Justices should rule on existing law
6. Executive and Judiciary appointments
Must have a 60 member majority or get a nominee to a vote
Justices that are too far right or left usually are not confirmed
Presidential considerations in nominee selection
o Experience
o Political leanings
o Judicial record
Political parties Serve as linkage from citizens to the government
1. Grown weaker since 1970
o More voters identify themselves as independents
o Less direct control of Congress
o Reform more restriction on funding
o More diverse voters with cross cutting allegiances
rd
3 Parties
Name recognition difficult
State laws make it difficult for 3rd parties to get on ballot
Often denied debates with other major party candidates
Lack strong organizational/cohesive party backing
Very grass roots organized
Often times issues co-opted by major party
Elections and Campaigns
1. Political participation
The primary way most citizens participate is through voting
Other ways: protests, civil disobedience, letter writing, contacting legislators,
special interest groups
Party dealignment gradual moving away from a specific political party
Party realignment majority of electorate switch party affiliation rare
occurrence, most typically associated with a crisis, 1860, 1932
Party dominance
o Federalists 1810

o Democrats 1804 - 1860 Jacksonian Democracy 1828


o Republican 1860 1932
o Democratic 1932-1968
o Mixed 1968 present
2. Primaries open v. closed
3. Two party dominance see 3rd parties above
4. Voter turnout usually about 50% in general Presidential elections, much lower in
midterm, off year and primary elections
5. Who votes: 18-24 year olds least likely to vote; middle class, well educated,
church going vote in greater numbers
Political efficacy the belief that an individual can change the political
system
Political culture general set of values widely shared within a society
Political ideology set of ideas and principles that explain how the society
should work and offers a blueprint for a specific societal order
Interest Groups
Methods
o Electioneering
o Litigation
o Lobbying
o Grass roots organizing
o Going public media campaigns either r for a specific candidate or issue
advocacy
Effectiveness
o Size
o Intensity
o Funding
Special Interest Groups Issue focused organizations, lobby lawmakers on behalf
of their cause
PACs Political Action Committees the political wing of a special interest
group, usually support a candidate based on issues
527s Similar to PACS but unregulated by the FEC, run issue and candidate
advocacy advertising, usually act independent of a specific interest group, focus
on defeating candidates for political rather issue reasons
Political Participation

US well known for low voter turnout usually in the mid 40% to 50% range

Europe averages mid 70%

Most Americans follow political campaigns over 80%

73% of Americans say they voted in 2000 Pres election yet only 50% did
Who participates

Education the more education, the more likely to vote


Religious involvement as religious involvement increases so does participation

Race and Ethnicity Whites vote in higher % than blacks and Latinos

Age 18-24 year least likely to vote; the 45 year old and above vote in largest %

Gender since 1992 women vote in larger # than men, but PSs say rate is =

2 Party system Lower competition lower voter turnout; rates increase greatly
during Presidential elections

Since all people fit in various demographics, cross cutting cleavages form :
Would a 45 year old black female, regular church goer, with a PhD be more or
less likely
to vote than a white male, with a high school dropout, heathen, 23 year
old
Expanding Suffrage

1830s property restrictions lifted

15th Amendment
Jim Crow Laws attempts to limit black voters: in place through the
1960s; Plessey v. Ferguson Separate but = IS Constitutional
Civil Rights Act 1964 and Voting Rights Act 1965 Kills Jim Crow
Commerce clause

Womens Suffrage 19th Amendment 1919

26th Amendment 1971 18 year olds allowed to vote


Voter Turnout

Measured 2 ways
Proportion of registered voters that vote v. % of eligible voters that vote

The 1st method reflects a much higher turnout

More likely to vote if registered

US is very low compared to other democracies England 75%, Italy and


Australia 90%
Voter Registration:

States determine voter eligibility, no state allowed to impose more than a 30 day
waiting period

Motor-Voter allows citizens to register when getting or renewing their drivers


license
Low voter turnout:

Difficulty/process of absentee voting

The vast number of offices

Weekday v. weekend/holiday voting

Weak Political parties


Americans tend to participate in large numbers beyond the traditional voting; campaign
contribution, community involvement, political volunteers, contacting public officials
Questions:

1.
Why would over 70% of US citizens say they voted in the last Presidential
election, when in reality it was only approximately 50%
2.
Is low voter turnout a Bad thing?
3.
Why do younger citizens vote in smaller numbers than older citizens? How do
you propose to increase voter turnout for the 18-24 year old demographic?
4.
Do you believe 527s increased the vote or did citizens recognize the significance
of voting?
Elections and Campaigns

Over 500,000 elective offices nationwide

Campaigns are longer and more expensive than in previous years

Functions of elections

Allows for political participation

Legitimizes positions of power


Guidelines for elections

Constitution sets broad parameters for elections


Sets terms for elected office
House 2 years
Senate 6 years
President 4 years, no more than 2 terms

Sets date for national elections


Tuesday after the 1st Monday in November
Role of Political Parties

Compared to other democracies, party in US less important: the candidate is


responsible for announcing, campaigning, collecting signatures, and fund raising

Party influence greatly declined since 19th century


- Direct election of Senators 17th amendment
- Nominating conventions v. party caucuses (no more smoked filled
rooms)
- New campaigning techniques, internet, email, cell phones, computers,
etc. have made candidates much less dependent on party
- Much less Straight ticket voting, now more split ticket
Winner take all

Candidate who wins the most votes wins: In most elections a plurality is all that
is required not a majority

Single member districts


- Nearly insures a 2 party system since US does not operate a Proportional system
- Limits multiple parties

Primaries and General elections

Primary Reform from 19th century allowing more citizen participation


- Primary used to select the partys candidates

Closed Primary Only party members are allowed to vote in their partys primary
(most)

Open Primary Voters choose for which partys candidates to vote


(only a
few states)

Blanket Primary Can select different candidates for each office from both
parties

More people vote in General elections than in primaries 50% of eligible v. 25%
eligible
Congressional v. Presidential elections

Congressional Regional or statewide

House elections less competitive: Strong incumbency advantage

Fewer voters vote in midterm elections averages 36%


Mid term voters more activist and ideological than Presidential year votes

Presidential popularity affects mid terms positively or negatively Coattail effect

Congress people have much more personal contact with constituents

President relies on mass media

Congress people can deny responsibility: Blame President or other members


Campaign and election reform

Reform Act of 1974


- all contributions over $100 must be disclosed
- No foreign contributions
- Individual contributions limited to $1,000/candidate, $20,000 to a national party,
and $5,000 to a PAC
- PACs are allowed: contributions not to exceed $5,000 to a candidate and
$15,000 to a national party
- Federal matching funds provided to major candidates; only funds allowed after
conventions

1976 Buckley v. Valeo: No limit on personal spending for your own campaign
- Ross Perot 1992 and 1996

Soft Money - $ not specified for a candidate but given to party for Party
building

Bipartisan Campaign Reform Act 2002


- Banned soft $ to national parties
- Limited campaign ads by interest groups
- Raised individual contributions to $2,000, and maximum to al candidates to
$95,000 over a two year election cycle

Bush v. Gore: Showed the problems of multiple ballot methods


527s

2002 restrictions led to 527s


Not a special interest or PAC: Independent but partisan groups raised significant
amounts of $ for both parties; ran negative campaign ads - can not say do not vote for
or vote for candidate X

In 2004 527s raised characters issues Swift Boat Veterans


Critical realignment elections

Realignment Significant shift in the way a large group of voters from 1 party to
another

Realignment occurs because of significant issues: Primarily economic or social

Election of 1860: Slavery divided the Democrats; 4 candidates; Republicans win;


creates a North South split
- Republicans will dominate national politics until 1932

Election of 1896: Economic realignment Democratic split: Farmer v. Laborer;


former democratic supporting laborers realign with Republicans: continues
Republican dominance

Election of 1932: Depression and citizen reaction to a perceived Republican


inefficiency
- New Deal Coalition: Farmers, urban workers, northern blacks, southern whites
- Democrats will dominate until 1960s
Dealignment: Recently voters less likely to affiliate with either party

2004 election: alignment according to Red/Blue, primarily North/South,


Urban/Rural
- New alliance highly religious w/out regard to religious affiliation mainly
voting Republican
Questions:
1.
Should any restrictions be placed on campaign contributions? Are campaign
donations a form of free speech?
2.
Should there be a national standard for ballots? Would this be a an infringement
on states rights?
3.
The primary season is a long, expensive process. Should the US go to a 1 day or
1 week super primary system?
Political Parties

Recent pride in independent status; avoid labels like staunch Republican or


loyal democrat

Parties appear quickly during GWs 1st term

2004 may have reversed the anti label ideology


Political Party functions

Connecting citizens to government: Linkage function connecting a large


population to the governments at all levels

Increases Political efficacy - the ability of a citizen to influence or be influenced


by the government

Running candidates for office: Parties help fund and organize candidates

Informing the public: Provide voters information on policy and candidates issues
Organize government: Coordinate governmental policy; provides cohesion among
50 disparate states

Why 2 party system

Consensus of values: Most Americans agree on broad political ideas, concepts


and values
- In general limited range of beliefs v. Europe w/significant range of political
beliefs

History

Winner take all system single member district, pluralist electoral system; no
proportion

Organization of 2 party system


Grass roots organization: Strong state and local organization
- National chairman and committee
- National convention every 4 years to nominate Presidential candidate
- Congressional campaign committee to assist incumbents and challengers
- Broad ideological base to appeal to a large group: Large umbrella or Big tent
Historical development

Federalists v. Anti Federalists 1790s 1810s 2 party

Era of Good Feelings 1816-1824 1 party

Jacksonian Democracy 1828-mid 1800s 2 party emergence of Whigs


- Beginning of Democratic Party
- Universal manhood suffrage
- Nominating conventions

Whigs few successes: Harrison and Taylor; no ideological coherence

North south tension: Emergence of Republican Party will dominate through 1932
- End of Democratic dominance
- Characterized by Laissez Faire economic policy

2nd Democratic Era 1932 - 1968


- Beginning of cooperative federalism
- More national government involvement in economy and states; Court Packing
plan

Era of Divided government


- 1968 - ? : Gridlock? Executive and Legislative Branch of differing parties for
extended

Republican hold on Presidency 1969 1993


- Republicans begin to use more professional approach, consultants, electronic
media, highly structured and organized
- Democrats begin a period of Grass roots organizing
- Reputation of leaderless, disorganized, and directionless Lack vision
Minor parties/3rd Parties

Why 3rd parties do not win


- Often not taken seriously

- Issues they represent are co opted by major parties


- Funding is difficult
- Dominance of 2 parties
- Winner take all system, single member district
Party Power: Realignment v. Dealignment

Straight ticket v. Split ticket voting

2004
- Red v. Blue, West, Midwest, and Northeast v. Rest of nation
- Stronger party identification
- Breakup of the Solid South Republicans gain control of Southern states
- National security and religion play significant role; creation of new religious
alliance
Questions:
1.
Is the dominance of a 2 party system antithetical to the true essence of democracy
2.
What is the most significant factor causing party realignment/dealignment? Do
you agree that the 2004 election was a realignment?
Interest Groups
Interest group Organization of people who enter the political process to achieve a goal

About 2/3 of Americans belong to interest groups

The practical application of Madisons Factions in Federalist 10


Parties, Interest groups, PACs, and 527s

All attempt to influence government policy making


Parties v. Interest groups

Parties work through the electoral process; Parties run candidates IGs and PACS
support candidates

Parties generate and support a broad spectrum of policies IGs and PACS very
specific policy issues
PACS and 527s

PACS are the political arm of interest groups, legally entitled to raise voluntary
funds to candidates or parties

The number of PACS has grown rapidly since 1974

527s not regulated by Federal Election Commission


Pluralism v. Elitism v. Hyperpluralism
The growth of Interest Groups

K Street

Lobbyists
General interest groups v. specific

Types of membership

Individual v. Organizational

Individual Sierra Club, NAACP, AFL-CIO, NOW, AARP, Christian Coalition

Organizational National Council of Education, National League of Cities, NMA


Types of IGs

Economic profits, prices and wages


- Labor Unions In decline
- Agricultural groups Not as powerful as used to be
- Business groups US Chamber of Commerce, Pharmaceutical lobby: over 200
million
spent on lobbying in 2000
- Professional groups AMA, AAUP, NEA, ABA: Attempt to influence policy
on issues specific to their professions
Consumer and Public Interest Groups

Ralph Nader

PIRGs, Common Cause Electoral reform, League of Women Voters

Environmental interests Sierra Club, Audubon Society


Sometimes Interest Groups are in Conflict: Economic IGs are in conflict with
environmental or consumer groups.
How IGs work

Lobbying
- contacting Government officials
- Meeting and socializing
- Lunches
- Testifying at Congressional hearings
- Lobbyists can provide expert testimony and information to Congressman
which sometimes Congressman do not have time to get on their own

Electioneering
- Supporting candidates via $
- PACs help pay costs of candidates sympathetic to their issue

Litigation
- IGs will sue to bring their issue to the fore
- Successful in Civil Rights legislation of 1950s and 60s
- Brown v. Board I and II
- Amicus Curiae briefs Friends of the court: Written arguments to courts
supporting a particular cause, issue or case
- Class Action suits similar plaintiffs file as one large group: Brown v. Board

Appealing to the Public

- Beef: It is whats for dinner


- Pharmacy
- NRA
Ratings game

IGs rate candidates on issues that are important to them


IG $$

Foundation grants Ford Foundation, Bill and Melinda Gates Foundation, EDF

Federal Grants and contracts

Direct Solicitation Individuals make contributions directly to a cause: NAACP,


NRA, ACLU
Effective Interest Groups

Size AARP
- Free Rider The larger the group - more likely members will think others will
do work

Intensity Single issues groups are most intense: Gun control, Pro choice/life

Financial resources Fund raising is critical


Revolving Door

Government officials often times end up working for IGs that once lobbied them
Questions:
1.
Are IGs dangerous to a democratic society or is it simply as Madison predicted in
Federalist 10?
2.
Is there too much $$$ in Washington? Do lobbyists have too much influence?
3.
Does an IG need all 3 parts to be effective? Consider the AARP v. NRA
Public Opinion
Measuring public opinion Relatively new science

Gallup Poll 1932

Today CNN, Fox, CBS, USA Today, NYT all sponsor polls

Representative Sample
- Random Sampling Usually 1000 1500 respondents = a +/- 3% error rate

1936 Literary Digest Poll fiasco See notes handout

Respondents knowledge Must allow for respondents lack of knowledge

Careful and objective wording Cautious of loaded questions or words


- Question can be yes/no or list of strength responses

Cost v. Accuracy Call in polls are not reliable but are cheap

Variance between samples Sampling error


Factors that influence Political Attitudes

Political socialization Lifelong process whereby an individual gains their


opinion and beliefs

1.
2.
3.
4.
5.
6.
7.
8.

Family Most significant influence on beliefs: Correlation between parents


political beliefs and children Not as strong recently Growth of independents
Gender Gender Gap Women are more likely to vote Democratic, although
may be in decline 2004 48% of women voters voted Republican
- Women vote more often than men
Married v. Unmarried Married more likely to vote Republican: Wide disparity
Religion See notes handout Rise of fundamentalism 2004
Education The higher the ed level more likely to vote Conservative, although a
college ed tends to make citizens more liberal in their political, economic, and
social views
Social Class the strong links that used to exist no longer do: No clear connection
between social class and voting patterns
Race and Ethnicity Most groups tend to vote Democratic, exception Cuban
Americans who vote in large numbers for Republicans: strongest affiliation is
blacks who overwhelmingly vote Democratic 90%, decrease from previous years
Geographic Region Coasts tend to be more liberal: Maybe a more urban/rural
split
Solid South no longer Democratic: Civil Rights issues have become social, moral
and security issues

Push polling Polls intentionally designed to make voters think a specific way

Results are not generally recorded, really have no meaning, poll is only intended
to make voters react

John McCain 2000 SC primary; 2002 Ga. Senate election Max Cleeland
Questions:
1.
Do politicians place too much emphasis on polling?
2.
In what ways may polls be misleading? What is critical for polls to be effective?

Civil Liberties

Personal rights and freedoms that the government cannot abridge, either by law,
constitution, or judicial interpretation
Limits power of government over the individual

Incorporation Doctrine
The protections of the 14th Amendment extend also to the citizens within
the state
Barron v. Baltimore 1833 National power limited
14th Amendment 1868
Gitlow v. NY 1925 Free speech extends to citizens within the state
Near v. Minnesota 1931 - Free press and Due Process extends to states
1st Amendment
Freedom of Religion

Establishment and Free Exercise


Engel v. Vitale 1962 No school prayer
Lemon Test
1. Secular purpose
2. Neither advances nor prohibits religion
3. cannot foster excessive government entanglement with religion
10 Commandments Unconstitutional in school no secular purpose
Voluntary bible study and religious education OK as along as other non religious
options are available

Free Exercise
When secular law conflicts with religious practice Free exercise is often denied
Free Speech
Obscenity, libel, lewdness, and fighting words are NOT protected
Alien and Sedition Acts sunset prior to Constitutional ruling
War times Extraordinary circumstances
Civil War Lincoln arrests newspaper editors
Sedition prosecutions common through 1910s
Schenk v. US 1919 Clear and Present Danger NOT protected
1969 Direct incitement Government prove a likelihood of imminent harm
to be limited
NYT v. Sullivan 1964 public figures must prove actual malice to prove
libel and slander
New Problems for SC Internet speech and pornography
Symbolic speech Tinker v. Des Moines 1969
Prior Restraint NYT v. US 1971 NYT could not be stopped from printing secret
documents
2nd Amendment
US v. Miller 1939 limitations placed on Automatic weapons and sawed off
shotguns
Last time SC directly ruled on 2nd Amendment
Recently ruled provisions of Brady Bill waiting periods and background checks as
unconstitutional
Violates State Sovereignty
Rights of criminal defendants 4th, 5th , 6th , and 8th
4th Search and seizure
Unreasonable search and seizure
Warrantless Searches

1.
2.
3.
4.
5.
6.
7.
8.

Plain view
areas of immediate control
airports
hot pursuit
exigent circumstance
open fields
consent
stop and frisk Terry law

Weeks v. US 1914 Exclusionary rule Fruit of the forbidden tree illegally obtained
evidence is inadmissible
Good Faith exceptions
Mapp v. Ohio Incorporation Doctrine for illegal searches
5th amendment Miranda v. Arizona 1966
6th Amendment Gideon v. Wainwright 1963 Lawyer necessity not luxury - Incorp Doc
8th Amendment Furman v. Georgia 1972 DP uncon if arbitrary and capricious
Gregg v. Georgia 1976 Georgia DP is Constitutional
Court reluctant to overrule state decisions
Exceptions
1. Age
2. Mental ability
Privacy rights
Abortion Roe v. Wade 1973 States cannot outlaw, can limit and restrict
Right to Die
Homosexuality Bowers v. Hardwick and Lawrence/Gardner v. Texas

Supreme Court Cases You need to know


Check oyez.org for case summaries
FEDERALISM
Federalism Court Cases Practice Quiz
Marbury v. Madison - 1803
Was Marbury entitled to his appointment to the federal bench? Was his
lawsuit the correct way to get it? And, was the Supreme Court the
place for Marbury to get the relief he requested?
McCulloch v. Maryland - 1819
The case presented two questions: Did Congress have the authority to
establish the Bank of the United States? Did the Maryland law
unconstitutionally interfere with congressional powers?
Gibbons v. Ogden - 1824
Did the State of New York exercise authority in a realm reserved
exclusively to Congress, namely, the regulation of interstate
commerce?


Humphrey's Executor v. United States 1935
Did section 1 of the Federal Trade Commission Act unconstitutionally
interfere with the executive power of the President?
United States v. Nixon 1974
Is the President's right to safeguard certain information, using his
"executive privilege" confidentiality power, entirely immune from
judicial review?
U.S. Term Limits v. Thornton - 1995
Can states alter those qualifications for the U.S. Congress that are
specifically enumerated in the Constitution? Are states qualified to
set term limits on members of the United States Congress?
Clinton v. Jones - 1997
Is a serving President, for separation of powers reasons, entitled to
absolute immunity from civil litigation arising out of events which
transpired prior to his taking office?
Printz v. United States - 1997
Using the Necessary and Proper Clause of Article I as justification, can
Congress temporarily require state law enforcement officials to
regulate handgun purchases by performing those duties called for
by the Brady Bill's handgun applicant background-checks?

CIVIL LIBERTIES COURT CASES


Religious Freedom: Establishment Clause
Engel v. Vitale (1962)
The Court ruled all school-sanctioned prayer in public schools
unconstitutional. Abington School District v. Schempp (1963) The
Court struck down a Pennsylvania law requiring that each public
school day open with Bible reading.
Wallace v. Jaffree (1985)
The Court overturned a state law setting aside a minute for voluntary
prayer in public schools.
Elk Grove Unified School District v. Newdow (2004)
Does Michael Newdow have standing to challenge as unconstitutional a
public school district policy that requires teachers to lead willing
students in reciting the Pledge of Allegiance? Does a public school
district policy that requires teachers to lead willing students in
reciting the Pledge of Allegiance, which includes the words "under
God," violate the Establishment Clause of the First Amendment?
Religious Freedom: Free Exercise Clause
Wisconsin v. Yoder (1972)
The Court ruled that Amish adolescents could be exempt from a state
law compelling school attendance

Church of the Lukumi Babalu Aye v. City of Hialeah (1993)


The Court found laws passed by four Florida cities banning animal
sacrifice were targeted at the Santeria religion, which employs
animal sacrifice in prayer, and as such the laws were
unconstitutional.
Cantwell v. Connecticut (1940)
The Court began applying the Free Exercise Clause to the states and
recognized an absolute freedom of belief. Incorporation
Van Orden v. Perry (2005)
Does a Ten Commandments monument on the grounds of a state
capitol building violate the First Amendment's establishment clause,
which barred the government from passing laws "respecting an
establishment of religion"?
Freedom of Expression General
Schenck v United States (1919)
During World War I, Mr. Schenck mailed fliers to draftees urging them
to peacefully protest the draft. Justice Oliver Wendell Holmes wrote
that the First Amendment did not protect Schenck since, during
wartime, such expression would create a clear and present danger.
Gitlow v New York (1925)
The Supreme Court applied protection of free speech to the states
(incorporation).
West Virginia State Board of Education v. Barnette (1943)
The Court ruled the West Virginia School Boards policy requiring
students and teachers to recite the pledge of allegiance
unconstitutional.
Tinker v. Des Moines (1969)
The Supreme Court ruled that wearing black armbands to protest the
Vietnam War was pure speech, or symbolic speech, thus protected
by the First Amendment. The principals right to forbid conduct that
substantially interfered with school discipline was outweighed by the
students right to free expression.
Brandenburg v. Ohio (1969)
The Supreme Court held that the First Amendment protected Mr.
Brandenburgs speech advocating violence at a Ku Klux Klan rally.
Miller v. California (1973)
This case set forth rules for obscenity prosecutions, but also gave
states and localities flexibility in determining what is obscene. The
four dissenters argued even the most general attempt to define
obscenity for the entire nation was outside the scope of the Courts
power.
Texas v. Johnson (1989)
The Supreme Court protected flag-burning as symbolic speech:
Government may not prohibit the expression of an idea simply
because society finds the idea itself offensive or disagreeable.

Reno v. ACLU (1997)


The Supreme Court held that the 1996 Communications Decency Act
was unconstitutional, since it was overly broad and vague in its
regulation of speech on the internet, and it attempted to regulate
indecent speech, which is protected.
Freedom of Expression Campaign Finance
Buckley v. Valeo (1976)
This campaign finance case disallowed limits on campaign
expenditures, but permitted reasonable restrictions on individual,
corporate and group contributions to candidates. The Supreme
Court recently upheld the $1,000 limit.
Colorado Republican Federal Campaign Committee v. FEC
(1996)
The Supreme Court ruled that campaign spending by political parties
on behalf of congressional candidates may not be limited, as long as
the parties work independently of the candidates.
Freedom of the Press
John Peter Zenger trial (1735)
Zenger was a printer, publisher, editor and journalist whose
indictment, trial and acquittal on sedition and libel charges was an
important contributing factor to the development of the freedom of
the press in America. Although this court case occurred during the
colonial period of American history, it remains one of the landmark
cases in our nations legal history.
Near v. Minnesota (1931)
This case struck down a statute authorizing the state to seek
injunctions against routine publishers of malicious or defamatory
information, extending protection of freedom of the press to the
states (incorporation).
New York Times v. Sullivan (1964)
The Court stated that the First Amendment protected all statements
about public officials, unless the speaker lies with the intent to
defame. This case overturned a judgment awarding damages to an
Alabama policeman after the New York Times ran a critical ad.
New York Times v. United States (1971)
This case lifted a temporary injunction against publication of leaked
information, since such publication would not cause an inevitable,
direct and immediate event imperiling the safety of American
forces; often referred to as the Pentagon Papers case.
Hustler v. Falwell (1988)
Ruled the First Amendment prohibits public figures from recovering
damages for intentional infliction of emotional harm, without
showing the publication contained a false statement of fact made
with actual malice.

Hazelwood v. Kuhlmeier - 1988


Did a high school principal's deletion of the articles from the school
newspaper violate the students' rights under the First Amendment?
Right to Assemble and Petition the Government
Hurley v. Irish American Gay Group of Boston - 1995
Did a Massachusetts State Court's mandate to Boston's Veterans'
Council, requiring it to include GLIB members in its parade, violate
the Council's free speech rights as protected by the First and
Fourteenth Amendments?
Boy Scouts of America v. Dale - 2000
Does the application of New Jersey's public accommodations law
violate the Boy Scouts' First Amendment right of expressive
association to bar homosexuals from serving as troop leaders?
Dejonge v Oregon (1937)
This case extended to the states the federal protection of the right to
peaceably assemble for lawful discussion.
Village of Skokie vs. National Socialist Party / Smith v. Collin
(1978)
The Supreme Court ruled that the National Socialist (Nazi) Party could
not be prohibited from marching peacefully, simply because of the
content of their message.
Schenck v. Pro-Choice Network of Western New York (1997)
The Supreme Court overturned a fifteen-foot floating buffer around
patients leaving or entering an abortion clinic; though, fixed
buffers were permitted since they protected the governments
interest in public safety.
CIVIL RIGHTS COURT CASES
Civil Rights Court Cases Practice Quiz
Discrimination Based on Race
Dred Scott v. Sandford - 1857
After residing in a free state for ten years, then returning to Missouri
with his owner, was Dred Scott free or slave?
Plessy v. Ferguson - 1896
Was Louisiana's law mandating racial segregation on its trains an
unconstitutional infringement on both the privileges and immunities
and the equal protection clauses of the Fourteenth Amendment?
Brown v. Board of Education of Topeka, Kansas - 1954
Did the segregation of children in public schools solely on the basis of
race deprive the minority children of the equal protection of the laws
guaranteed by the 14th Amendment?
Korematsu v. United States - 1944
Did the President and Congress go beyond their war powers by
implementing exclusion and restricting the rights of Americans of

Japanese descent?
Discrimination Based on Gender
Craig v. Boren 1976
Did an Oklahoma statute violate the Fourteenth Amendment's Equal
Protection Clause by establishing different drinking ages for men
and women?
United States v. Virginia - 1996
Does Virginia's creation of a women's-only academy, as a comparable
program to a male-only academy, satisfy the Fourteenth
Amendment's Equal Protection Clause?
Frontiero v. Richardson - 1973
Did a federal law, requiring different qualification criteria for male and
female military spousal dependency, unconstitutionally discriminate
against women thereby violating the Fifth Amendment's Due Process
Clause?
Affirmative Action
Regents of the University of California v. Bakke - 1978
Did the University of California violate the Fourteenth Amendment's
equal protection clause, and the Civil Rights Act of 1964, by
practicing an affirmative action policy that resulted in the repeated
rejection of Bakke's application for admission to its medical school?
Adarand Constructors v. Pena - 1995
Is the presumption of disadvantage based on race alone, and
consequent allocation of favored treatment, a discriminatory
practice that violates the Fifth Amendment's Equal Protection
Clause?
Grutter v. Bollinger - 2003
Did the University of Michigan Law School's use of racial preferences
in student admissions violate the Equal Protection Clause of the
Fourteenth Amendment or Title VI of the Civil Rights Act of 1964?
Discrimination Based On Sexual Orientation
Bowers v. Hardwick - 1986
Does the Constitution confer a fundamental right upon homosexuals
to engage in consensual sodomy, thereby invalidating the laws of
many states which make such conduct illegal?
Romer v. Evans - 1996
Did Amendment 2 of Colorado's State Constitution, forbidding the
extension of official protections to those who suffer discrimination
due to their sexual orientation, violate the Fourteenth Amendment's
Equal Protection Clause?
Lawrence v. Texas - 2003
Did the criminal convictions of John Lawrence and Tyron Garner under
the Texas "Homosexual Conduct" law, which criminalizes sexual

intimacy by same-sex couples, but not identical behavior by


different-sex couples, violate the Fourteenth Amendment guarantee
of equal protection of laws? Did their criminal convictions for adult
consensual sexual intimacy in the home violate their vital interests
in liberty and privacy protected by the Due Process Clause of the
Fourteenth Amendment? Should Bowers v. Hardwick (1986) be
overruled?
Birth Control And Abortion
Griswold v. Connecticut - 1965
Does the Constitution protect the right of marital privacy against state
restrictions on a couple's ability to be counseled in the use of
contraceptives?
Roe v. Wade - 1973
Does the Constitution embrace a woman's right to terminate her
pregnancy by abortion?
Planned Parenthood v. Casey - 1992
Can a state require women who want an abortion to obtain informed
consent, wait 24 hours, and, if minors, obtain parental consent,
without violating their right to abortions as guaranteed by Roe v.
Wade?
Right To Die
Cruzan v. Director, Missouri Dept. of Health - 1990
Did the Due Process Clause of the Fourteenth Amendment permit
Cruzan's parents to refuse life-sustaining treatment on their
vegetated daughter's behalf?
Vacco v. Quill - 1997
Did New York's ban on physician-assisted suicide violate the
Fourteenth Amendment's Equal Protection Clause by allowing
competent terminally ill adults to withdraw their own lifesaving
treatment, but denying the same right to patients who could not
withdraw their own treatment and could only hope that a physician
would do so for them?
Washington v. Glucksberg - 1997
Did Washington's ban on physician assisted-suicide violate the
Fourteenth Amendment's Due Process Clause by denying competent
terminally ill adults the liberty to choose death over life?
Gonzales v. Oregon - 2006
Did the Controlled Substances Act authorize the attorney general to
ban the use of controlled substances for physician-assisted suicide
in Oregon?
Power Of Congress To Enforce Civil Rights
Heart of Atlanta Motel, Inc. v. United States - 1964
Did Congress, in passing Title II of the 1964 Civil Rights Act, exceed its

Commerce Clause powers by depriving motels, such as the Heart of


Atlanta, of the right to choose their own customers?
CRIMINAL RIGHTS COURT CASES
Criminal Rights Court Cases Practice Quiz
Rights of Adolescents
In re: Gault - 1967
Were the procedures used to commit 15-year-old Gerald Francis Gault
to a prison facility constitutionally legitimate under the Due Process
Clause of the Fourteenth Amendment?
New Jersey v. T.L.O. - 1985
T.L.O. was a fourteen-year-old girl accused of smoking in the girls'
bathroom of her high school. A principal at the school questioned
her and searched her purse, yielding a bag of marijuana and other
drug paraphernalia. Did the search violate the Fourth and
Fourteenth Amendments?
Freedom From Unreasonable Search And Seizure
Mapp v. Ohio - 1961
Were the confiscated materials protected by the First Amendment?
(May evidence obtained through a search in violation of the Fourth
Amendment be admitted in a state criminal proceeding?)
Katz v. United States - 1967
Does the Fourth Amendment protection against unreasonable searches
and seizures require the police to obtain a search warrant in order to
wiretap a public pay phone?
Vernonia School District v. Acton -1995
Does random drug testing of high school athletes violate the
reasonable search and seizure clause of the Fourth Amendment?
Board of Education v. Earls - 2002
Was the Student Activities Drug Testing Policy, adopted by the
Tecumseh, Oklahoma School District,, which required all students
who participate in competitive extracurricular activities to submit to
drug testing, consistent with the Fourth Amendment?
Right To An Attorney
Gideon v. Wainwright - 1963
Did the state court's failure to appoint counsel for Gideon violate his
right to a fair trial and due process of law as protected by the Sixth
and Fourteenth Amendments?
Escobedo v. Illinois - 1964
Was Escobedo denied the right to counsel as guaranteed by the Sixth
Amendment?
Miranda v. Arizona 1966
Does the police practice of interrogating individuals without notifiying

them of their right to counsel and their protection against selfincrimination violate the Fifth Amendment?
Capital Punishment
Furman v. Georgia - 1972
Does the imposition and carrying out of the death penalty in these
cases Furman v. Georgia, Jackson v. Georgia and Branch v. Texas constitute cruel and unusual punishment in violation of the Eighth
and Fourteenth Amendments?
Gregg v. Georgia - 1976
Is the imposition of the death sentence prohibited under the Eighth and
Fourteenth Amendments as "cruel and unusual" punishment?
Penry v. Johnson - 2001
Was a Texas trial court's supplemental instruction on mitigating
evidence of mental retardation under the state's "special
circumstances" for sentencing in capital murder cases to a jury
constitutionally adequate? Does the admission into evidence of
statements from a psychiatric report based on an uncounseled
interview with the defendant violate the Fifth Amendment's privilege
against self-incrimination?
Roper v. Simmons - 2005
Does the execution of minors violate the prohibition of "cruel and
unusual punishment" found in the Eighth Amendment and applied to
the states through the incorporation doctrine of the 14th
Amendment?
Cruel and Unusual Punishment in Non-Capital Cases
Harmelin v. Michigan - 1991
Is a statutorily mandated sentence that does not allow for
consideration of mitigating factors a violation of the Eighth
Amendment's protection against cruel and unusual punishments?
Extra-Legal Jury Influences, Pretrial Publicity
Sheppard v. Maxwell - 1966
What threshold must be crossed before a trial is said to be so
prejudicial, due to context and publicity, as to interfere with a
defendant's Fifth Amendment due process right to a fair trial?
Criminal Procedure
Powell v. Alabama (1932)
The Supreme Court ruled that the indigent of society, when charged
with a capital crime, must be given competent counsel, at the
expense of the citizens.
Betts v. Brady (1942)
Betts was indicted for robbery and detained in a Maryland jail. Prior to
his trial, he asked for counsel to represent him. This request was

denied and he was soon convicted. While incarcerated, Betts filed a


habeas corpus petition in the lower courts. After they rejected his
petitions, he filed a certiorari petition with the Supreme Court, which
agreed to hear his case. Bett argued that his 6th Amendment right
to a fair trial was violated because of his lack of counsel. The State
of Maryland held that most states did not require the appointment of
counsel in non-capital cases and the circumstances of this particular
case did not require it. Although the Court found in favor of Betts, it
decided that the right to counsel must be decided on a case- bycase basis. This ruling was upheld for 20 years until it was
overturned by Gideon v. Wainwright in 1963.
Mapp v. Ohio (1961)
The Supreme Court ruled that all evidence obtained by searches and
seizures, in violation of the Constitution, is inadmissible in a state
court. This is known as the exclusionary rule.
Gideon v. Wainwright (1963)
The Supreme Court overturned Betts v. Brady and required that any
indigent, accused of a felony must be given an attorney at the
publics expense.
Escobedo v. Illinois (1964)
The Supreme Court extended the exclusionary rule, to also include
any unconstitutionally obtained confessions. The Court said that
once questioning reaches past a general inquiry the suspect has
the right to have an attorney present.
Miranda v. Arizona (1966)
The Supreme Court ruled that since the police had not informed Mr.
Miranda of his Constitutional rights, Mirandas conviction must be
overturned.
Dickerson v. USA (2000)
The Supreme Court ruled that Congress could not pass a law that
would contradict a Supreme Court ruling. They cited Marbury v.
Madison, as the source of their power. Judicial Review gave the
Supreme Court final say on an acts constitutionality. Justices writing
in dissent called the ruling the . . . Pyramid of judicial arrogance.
United States v. Oakland Cannabis Buyers' Coop (2001)
Medical marijuana case: Does a medical necessity exception to the
Controlled Substances Act's prohibition on the manufacture and
distribution of various drugs, including marijuana, exist?
Blakely v. Washington (2004)
Does a fact (other than a prior conviction) necessary to increase a
sentence beyond the statutory standard range need to be proved by
a jury and beyond a reasonable doubt?
Rasul v. Bush - 2004
Do United States courts have jurisdiction to consider legal appeals filed
on behalf of foreign citizens held by the United States military in
Guantanamo Bay Naval Base, Cuba?

Hamdi v. Rumsfeld - 2004


Did the government violate Hamdi's Fifth Amendment right to Due
Process by holding him indefinitely, without access to an attorney,
based solely on an Executive Branch declaration that he was an
"enemy combatant" who fought against the United States? Does the
separation of powers doctrine require federal courts to defer to
Executive Branch determinations that an American citizen is an
"enemy combatant"?
Raich v. Gonzales - 2005
Does the Controlled Substances Act (21 U.S.C. 801) exceed Congress'
power under the commerce clause as applied to the intrastate
cultivation and possession of marijuana for medical use?
SECOND AMENDMENT COURT CASES
United States v. Cruikshank (1876)
In this case, the Supreme Court recognized the right of the people to
keep and bear arms.
Lewis v. United States (1980)
The case determined whether the provision of the Omnibus Crime
Control and Safe Streets Act of 1968 that prohibits the possession of
firearms by convicted felons (codified in 18 U.S.C. 922(g) in 1986)
violated the Second Amendment The Court acknowledged that
among the rights denied to convicted felons was the right to bear
arms.
United States v. Verdugo-Urquirdez (1990)
The Supreme Court unanimously ruled that the phrase the people
means the same in the Second Amendment as it does in the First,
Fourth, Ninth amendments, and as it does in the Preamble of the U.
S. Constitution. The reference to the people" means all citizens and
legal aliens while in the United States.
PRIVATE PROPERTY RIGHTS/EMINENT DOMAIN/TAKINGS CLAUSE
COURT CASES
Tahoe-Sierra Preservation Council v. Tahoe Regional
Planning Agency (2002)
Does a moratorium on development imposed during the process of
devising a comprehensive land-use plan constitutes a per se taking
of property requiring compensation under the Fifth Amendment's
Takings Clause?
Kelo v. City of New London (2005)
Does a city violate the Fifth Amendment's takings clause if the city
takes private property and sells it for private development, with the
hopes the development will help the city's bad economy? By
takings, this generally refers to eminent domain. Eminent
domain is the right of a government or municipal quasi-public body
to acquire private property for public use. Property is acquired

through a court action called condemnation, in which the court


determines the use is a public use and decides the price or
compensation to be paid to the owner.
SELECTIVE INCORPORATION COURT CASES
The following portions of the Bill of Rights have been incorporated
against state governments:
Freedom of Speech, Gitlow v. New York (1925)
Freedom of the Press, Near v. Minnesota (1931)
Right to Counsel in Capital Cases, Powell v. Alabama (1932)
Freedom of Assembly, DeJonge v. Oregon (1937)
Free Exercise of Religion, Cantwell v. Connecticut (1940)
No Established National Religion, Everson v. Board of Ed. (1947)
Ban on Unreasonable Search and Seizure, Wolf v. Colorado
(1949)
No Evidence from Illegal Searches, Mapp v. Ohio (1961)
No Cruel and Unusual Punishment, Robinson v. California (1962)
Right to Counsel in all Felony Cases, Gideon v. Wainwright
(1963)
No Self-Incrimination, Malloy v. Hogan (1964)
Right to Confront Adverse Witnesses, Pointer v.Texas (1965)
Right to Impartial Jury, Parker v. Gladden (1966)
Right to Obtain Defense Witnesses, Washington v. Texas (1967)
Right to Speedy Trial, Klopfer v. North Carolina (1967)
No Double Jeopardy, Benton v. Maryland (1968)
Right to Counsel for Imprisonable Misdemeanors, Argersinger v.
Hamlin (1972)
Right to Notice of Accusation, Rabe v. Washington (1972)
Terms, Concepts, Cases, and everything else
1. Litigation Going to court to contest an issue; used by special interests
2. Plea Bargain agreement to avoid a trial and possible tougher sentencing
3. Incorporation Doctrine The application of specific parts of the Bill of Rights to
the states:
Parts of the 1st, 4th, 5th, 6th
4. Roe v. Wade 1973 Supreme Court ruling that state bans on abortions are
Unconstitutional; state could limit/restrict but not outlaw
5. Clear and Present Danger test Schenk v. US: Speech can be limited if it is
shown to propose a clear and present danger to the security of the US
6. Amicus Curiea Brief Friend of the Court brief filed by groups or citizens who
have an interest in, but not a legal standing in a case: Used by special interests and
any group with an opinion on a legal matter
7. Per Curiam Decision A decision rendered by the entire Supreme Court, rather
than by an individual justice

8. 14th Amendment Civil War Amendment 1868: extends the many of the
provisions of the Bill of Rights to the states
9. Gramm-Rudman-Hollings Act First binding constraint on federal spending,
placed caps on federal spending, created the first balanced budget
10. Civil Rights Act 1964 Made racial discrimination in public places, theatres,
restaurants, hotels, illegal Employers must provide equal employment
opportunities; Federal funding for projects could be cut if discrimination was
evident; extension of commerce clause, example of Cooperative Federalism
11. Voting Rights Act Removed all state barriers to voting: End of literacy tests,
grandfather clause, poll taxes
12. Equal Pay Act Prohibits wage discrimination between men and women doing an
equal job, in substantially same establishment
13. Equal Rights Act Was proposed but not ratified, that would guarantee equal
rights regardless of sex
14. Title IX 1973 Prohibits sex discrimination in education; normally extends to
athletics
15. Americans with Disabilities Act (ADA) 1990 Federal law that requires public
places to be handicap accessible, including schools, has been defined as physical
and mental disability

You might also like