http://www.pbs.org/wnet/supremecourt/future/landma…

Tips for writing topic #1

Discuss how Justice Marshall defined National Supremacy in McCulloch v. Maryland (1819) and the courts construction of Dual Federalism (what is it, when was it applied?) in Barron v. Baltimore (1833) and Dred Scott v. Sanford (1856).

Do not re-state the facts of the case. I know them. Discuss the legal issues constructed in Barron and Dred Scott. How are rights defined and applied according to these cases. Why is it important? Why will the 14thAmendment be required to reverse these caseholdings?

Contrast the Marshall and Taney Court’s rulings with those of Cooperative Federalism (what is it, when was it applied?). Discuss Congress and the Court’s use of the Necessary and Proper Clause, Interstate Commence Clause and 14th Amendment in implementing this stage of federalism.

The Era of Cooperative Federalism dramatically changes the scope and power of the National government. Review major legislation using the Necessary and Proper Clause and Interstate Commence Clause to expand the role and power of congress. How did the Court interpret the Congressional expansion of power? What authority did the 14thAmendment grant to the National Government and the Supreme Court over the states?

Compare the Supreme Court’s rulings during Cooperative Federalism with the ruling in U.S. v. Lopez (1995) or any other cases from the Rehnquist or Roberts’ Court defining New Federalism (what is it, when was it applied?).

The Reagan Revolution’s impact on the Supreme Court was to appoint justices who would reverse the era of the expansion of government during the period of Cooperative Federalism? How did the Reagan justices interpret the Necessary and Proper Clause and Interstate Commence Clause to re-define the law?

Tips for writing topic #2

Define the intent of the 14th Amendment.

What was the Framer’s objective in formulating this Amendment?

Specifically, state how the passage of the 14th Amendment relates to Dred Scott v. Sanford (1857) and Barron v. Baltimore (1833).

You must show the linkage between the Amendment and these cases

Why was the 14th Amendment necessary in contrast to the holdings of these two cases?

This is the legal analysis. If the 14th Amendment was not passed what would be the legal obligation of the states?

Explain how the Supreme Court has interpreted the Fourteenth Amendment to apply the Bill of Rights to the states (total or selective incorporation).

Offer an analysis of the types of incorporation and how the Supreme Court has approached this topic.

In your answer, briefly discuss how the Court’s intent (not decision) in Gitlow v. New York (1925) and

Palko v. Connecticut (1937) has influenced the inclusion of rights to be incorporated into the states.

The Supreme Court’s intent is the legal philosophy (defined in these cases) that mandates the implementation of the Bill of Rights in the states.

Select a right that has been incorporated into the states and briefly argue the legal reason’s why the Supreme Court defined the right as fundamental.

Select a right and offer a legal analysis (with support) as to why the right must be incorporated.

Tips for writing topic #3

Define the intent of the 14th Amendment.

What was the Framer’s objective in formulating this Amendment?

Specifically, state how the passage of the 14th Amendment relates to Dred Scott v. Sanford (1857) and Barron v. Baltimore (1833).

You must show the linkage between the Amendment and these cases

Why was the 14th Amendment necessary in contrast to the holdings of these two cases?

This is the legal analysis. If the 14th Amendment was not passed what would be the legal obligation of the states?

Why was the 14th Amendment necessary in contrast to the holdings of these two cases? Define the Framer’s objective of the Equal Protection Clause of the 14th Amendment.

This question requires you to not only look at the 14th Amendment, but also the intent of the Equal Protection Clause. Why did the framers specifically include equal protection?

How did the Supreme Court interpret and implement the Equal Protection Clause in Plessey v. Ferguson (1896) in contrast to Brown v. Board of Education (1954)?

You should look to the legal theory and analysis of the court’s decisions in these cases. How did the Supreme Court’s opinion incorporate and define equal protection of the law?

How has the Equal Protection Clause been interpreted and implemented in Regents of the University of California v. Bakke (1978)? How was the Bakke decision applied to the following cases?

Grutter v. Bollinger (2003)

Gratz v. Bollinger (2003)-see the link below

You should look to the legal theory and analysis of the court’s decisions in Bakke. What standards does the court establish for equal protection in Reverse Discrimination. The Grutter and Gratz cases offer a good compare and contrast of the application of scrutiny to the law in applying due process.