Monday, October 21, 2013

Junior and Senior English Assignments for the Week of October 21-24



Reminder For All Classes:  Your 2500 word short story will be due Thursday, Nov. 21.  Final drafts of the stories, must be edited, typed, and turned in by Monday, Dec. 9.

Monday- All Classes, add 100 words to your creative short story the first ten minutes of class.
            Seniors- 1st hour read chapters 19 and 20, completing your personal response journal as well.   2nd   hour complete your personal response journal, chapter questions, and pre/post reading activities in your packet.  3rd hour read chapters 23 -28, completing your personal response journal and questions.

            Juniors- Students read chapter 3 of the Great Gatsby, complete 3 personal        responses in their journal, and answer all chapter questions. 


Tuesday-All Classes, add 100 words to your creative short story the first ten minutes of class. Due to AIMS Administration, all Senior English Classes will have Makeup Days on Tuesday and Wednesday.  
            Seniors- Makeup Day
   
            Juniors- Juniors- Students read chapter 4 of the Great Gatsby, complete 4         personal responses in their journal, and answer all chapter questions. 

Wednesday- All Classes, add 100 words to your creative short story the first ten minutes of class. Due to AIMS Administration, all Senior English Classes will have Makeup Days on Tuesday and Wednesday. 
            Seniors- Makeup Day
   
            Juniors- Juniors- Students read chapter 5 of the Great Gatsby, complete 5         personal responses in their journal, and answer all chapter questions. 

Thursday- All Classes, add 100 words to your creative short story the first ten minutes of class. 900 word Check!
            Seniors-1st hour read chapters 21-23, completing all personal responses and    analysis questions.  2nd hour will write a 5-paragraph essay explaining the theme of Brave New World and what statements the author is trying to make about societal values.3rd hour read chapters 29-32, completing all personal responses and analytical questions.  

            Juniors- Juniors- Students read chapter 6 of the Great Gatsby, complete 6 personal responses in their journal, and answer all chapter questions. 

                   

Thursday, October 10, 2013

Juniors

The Great Gatsby Chapter Questions
The Great Gatsby
Pre-Reading
  1. Why are we still reading a book written in the 1920's? What gives a book its longevity?
  2. How was the 1920's a reaction to WWI?
  3. Some people think that having money leads to happiness. Do you agree? Why or why not? What are the advantages or disadvantages of being wealthy?
  4. What is the "American Dream"? Where did it originate, and how has it changed over the centuries?
  5. Have you ever wanted to relive a moment from your past, to redo it? Describe the situation. How and why would you change the past?
Chapter 1
  1. Notice how many times Fitzgerald uses the words hope, or dream. Why does he do this?
  2. Nick starts the novel by relaying his father's advice "Whenever you feel like criticizing anyone, just remember that all the people in this world haven't had the advantages that you've had." List Nick's advantages. Does he reserve judgment in the novel?
  3. Pay attention to time. What is the day and year during the first scene at Daisy's house?
  4. Describe Nick. What facts do you know about him, and what do you infer about him? What kind of a narrator do you think he will be?
  5. What image does the author use to describe Jordan Baker? What does it mean?
  6. How does Nick react to Jordan?
  7. What does Tom's behavior reveal about his character?
Chapter 2
  1. Describe the "valley of ashes." What does it look like and what does it represent?
  2. Describe Mr. Wilson and Myrtle. Do they seem to fit into the setting?
  3. What more have you learned about Nick in this chapter? Is he similar or different than the people he spends his time with?
  4. Describe the violent act Tom committed against Myrtle. What does this reveal about him?
Chapter 3
  1. Pay attention to Nick's judgments. What do they reveal about his character that he does this (especially in relation to his opening comments)?
  2. Describe Gatsby the first time Nick sees him.
  3. What rumors have been told about Gatsby? Why does Fitzgerald reveal rumors rather than fact?
  4. What does Nick think of Gatsby after meeting him?
  5. How is Gatsby different from his guests?
  6. Why does Nick choose to share his thoughts and feelings with Jordan?
  7. Nick thinks he's one of the few honest people he knows, why? Do you think he is honest?




Chapter 4
  1. List all of the rumors told about Gatsby.
  2. Why does Fitzgerald list all of Gatsby's party guests?
  3. Why does Gatsby tell Nick about his life? Do you believe Gatsby? Does Nick?
  4. What role does Meyer Wolfsheim play in the novel? Why is there so much focus on his nose and what does this tell you about Fitzgerald's politics?
  5. What does Jordan's story of Daisy's marriage reveal about Daisy?
  6. Why did Gatsby want Daisy to see his house?
  7. Nick says, "There are only the pursued, the pursuing, the busy and the tired." What does Nick mean? How does each character in the novel fit into this schema?
Chapter 5
  1. Why does Gatsby deliver so many goods and services to Nick's house?
  2. Describe the effect of rain on the plot.
  3. Why does Gatsby offer Nick work? How does Nick feel about this?
  4. Explain the significance of the green light.
  5. Why does Gatsby get so many phone calls? What does this say about him?
Chapter 6
  1. How truthful was Gatsby when he relayed the story of his life to Nick? Why does Fitzgerald tell the story of Jay Gatz now?
  2. Describe the meeting of Tom and Gatsby. What does this meeting reveal about them?
  3. Why did Daisy and Tom find Gatsby's party loathsome?
  4. How did Gatsby measure the success of his party?
  5. When Nick told Gatsby that "you can't repeat the past", Gatsby replied, "Why of course you can!" Do you agree with Nick or Gatsby?
Chapter 7
  1. Who is Trimachio? Explain how this describes Gatsby.
  2. Describe Daisy and Gatsby's new relationship.
  3. Compare George Wilson and Tom. What did each man learn about his wife and how did they each react?
  4. If Daisy says she's never loved Tom, is there someone whom she thinks she loves?
  5. Describe the fight between Gatsby and Tom. What do these men think of each other? How are they similar and how are they different?
  6. What was significant about Nick's 30th birthday?
  7. What do you think Tom and Daisy were saying to each other in the kitchen? Do you think that Tom knew Daisy was driving the "death car"? Why, why not?
  8. At this point, how would you end the novel?
Chapter 8
  1. How does Fitzgerald achieve a melancholic mood in the beginning of this chapter?
  2. How are seasons used in constructing this novel?
  3. Who is Dan Cody and what is his significance in Gatsby's life?
  4. How does Nick's statement "You're worth the whole bunch put together" show a change in Nick from the beginning of the novel?
  5. How does T. J. Eckleberg affect Mr. Wilson?

  1. Why did Nick take care of Gatsby's funeral?
  2. How was Jay Gatz's childhood schedule consistent with the adult Gatsby's behavior?
  3. Who attended Gatsby's funeral? How and why is this significant?
  4. What is the purpose of Nick's last meeting with Jordan?
  5. Why does Nick call Tom and Daisy "careless people"?
Post Reading
  1. Does this novel have villains and heroes? Why, why not? If yes, who fits into these categories and why?
  2. Nick is both part of the action and acting as an objective commentator. Does this narration style work? Why, why not?
  3. How did Fitzgerald use weather to reflect the mood of the story?
  4. Again, why are we still reading a book written in the 1920's? What gives a book its longevity? And which of its themes are eternal in the American psyche.




Junior and Senior English Assignments for the Week of October 14-17

Reminder For All Classes:  Your 2500 word short story will be due Thursday, Nov. 21.  Final drafts of the stories, must be edited, typed, and turned in by Monday, Dec. 9.

Monday-
NO SCHOOL- Be Safe and get caught up on your work ;)

Tuesday-All Classes, add 100 words to your creative short story the first ten minutes of class.
      Seniors- 1st hour read chapters 13 and14, completing your personal response journal as well.
                    2nd hour read chapters 13 and 14, completing your personal response journal as well.
                    3rd hour read chapters 15 and 16,  completing your personal response journal as well.
   
     Juniors-Watch a movie preview for The Great Gatsby.  Have students write a personal response  regarding the preview in their journal, supplying evidence from what they saw to support their response. In a class forum, students will discuss and dictate answers to the Pre-Reading Questions. The teacher will explain how to prepare a personal response journal in preparation for the reading of The Great Gatsby

Wednesday- All Classes, add 100 words to your creative short story the first ten minutes of class. 
     Seniors-  1st hour read chapters 15 and 16, completing your personal response journal as well.
                    2nd hour read chapters 15 and 16, completing your personal response journal as well.
                    3rd hour read chapters 17 and 18, completing your personal response journal as well.
     Juniors- Students read chapter 1 of the Great Gatsby, complete 2 personal responses in their journal, and answer all chapter questions. 

Thursday-  All Classes, add 100 words to your creative short story the first ten minutes of class. 
        Seniors-1st hour read chapters 17 and 18, completing your personal response journal as well.
                    2nd hour read chapters 17 and 18, completing your personal response journal as well.
                    3rd hour read chapters 19 and 20, completing your personal response journal as well. 
                    3rd hour HOMEWORK read chapters 21 and 22 and complete personal response journal. 

     Juniors-Students read chapter 2 of the Great Gatsby, complete 2 personal responses in their journal, and answer all chapter questions.

Wednesday, October 2, 2013

Junior and Senior English Assignments for the Week of October 7-10, 2013 (HOMECOMING WEEK)

 If you are reading this, comment on this post with your name and "I Love English" and I will give you a Stapleton Star!

Monday- ASU Scholarship Due 100 points
     Seniors-  Begin writing quarter's 2500 word short story (minimum 200 a  day) for the first ten minutes of class.  All classes will read the next two chapters (5 and 6) in their designated class novel (Never Let Me Go, Brave New World, The Help) and answer all applicable analysis questions and complete their personal response chart in their journals. 

     Juniors-  Begin writing quarter's 2500 word short story (minimum 200 a  day) for the first ten minutes of class. Students will write a five-paragraph synthesis essay discussing the symbolism and similarities between Russian Communism and the novel, Animal Farm.  Students will use notes regarding Communism and Joseph Stalin to provide evidence for essay.

Tuesday-
     Seniors-  Continue writing the quarter's 2500 word short story (minimum 200 a  day).  All classes will read the next two chapters (7 and 8) in their designated class novel (Never Let Me Go, Brave New World, The Help) and answer all applicable analysis questions and complete their personal response chart in their journals.

Juniors-  Continue writing the quarter's 2500 word short story (minimum 200 a  day). Answer all essential questions for the novel, Animal Farm, with evidence from the novel.  

Wednesday-
     Seniors- Continue writing the quarter's 2500 word short story (minimum 200 a  day).  All classes will read the next two chapters (9 and 10) in their designated class novel (Never Let Me Go, Brave New World, The Help) and answer all applicable analysis questions and complete their personal response chart in their journals. 

     Juniors-   Continue writing the quarter's 2500 word short story (minimum 200 a  day). Students will watch the movie, Animal Farm.

Thursday-  Journals Due
     Seniors- Continue writing the quarter's 2500 word short story (minimum 200 a  day). All classes will read the next two chapters (11 and 12) in their designated class novel (Never Let Me Go, Brave New World, The Help) and answer all applicable analysis questions and complete their personal response chart in their journals. 

     Juniors-   Continue writing the quarter's 2500 word short story (minimum 200 a  day). Students will finish watching the movie, Animal Farm.

Monday, September 23, 2013

Engish Assignments for the Week of September 30- October 3

Monday
     Seniors-Write in your journal for the first ten minutes of class.  Teacher reviews how to write a summary briefly and assigns Novels.  1st hour- Never Let Me Go   2nd hour- Brave New World  3rd hour The Help. Read chapters 1-2, write a summary and answer corresponding analysis questions.

     Juniors-  Write in your journal for the first ten minutes of class.  Read chapters 5-6 in Animal Farm and write your chapter summary and answer analysis questions. 

Tuesday
     Seniors- Read your own novel for the first ten minutes of class.  Each class period reads their designated novel chapters 3-4, writes a summary and answer corresponding analysis questions. 

     Juniors-Read your own novel for the first ten minutes of class.  Read Animal Farm  chapters 3-4, write a summary and answer corresponding analysis questions. 

Wednesday
     Seniors-Write in your journal for the first ten minutes of class.  Each class period reads their designated novel chapters 5-6, writes a summary and answer corresponding analysis questions. 

     Juniors-  Write in your journal for the first ten minutes of class. Read Animal Farm  chapters 7-8, write a summary and answer corresponding analysis questions.  

Thursday
     Seniors- Read your own novel for the first ten minutes of class.  Each class period reads their designated novel chapters 7-8, writes a summary and answer corresponding analysis questions. 

     Juniors-Read your own novel for the first ten minutes of class.  Read Animal Farm  chapters 9-10, write a summary and answer corresponding analysis questions.  

 Senior Link to Online Novel...Brave New World  
http://www.idph.net/conteudos/ebooks/BraveNewWorld.pdf

Junior Link to Online Novel... Animal Farm 
 http://msxnet.org/orwell/print/animal_farm.pdf

Wednesday, September 18, 2013

Junior and Senior Lessons for the week of September 23-26

Monday-
     Seniors will write in their journal, analyzing a quote for the first ten minutes of class. As a class, the students will then read The Bill of Rights and then individually take 2-3 pages of Cornell-style Notes (handout explaining note taking technique will be distributed and posted below weekly lesson agenda).

     Juniors will write in their journal, analyzing a quote for the first ten minutes of class. Students will then be allowed to watch the movie, Never Let Me Go as the culminating activity to completing the novel. Students will take notes depicting the contrasts between the novel and theatrical performance.

Tuesday-
     Seniors will read the first 10 minutes of class.  The teacher will then explain the Bill of Rights Group Activity.  The teacher will place students in cooperative groups of 3 or 4, and pass out the rubric.  Each  group will be assigned one of the first ten amendments and complete the following tasks: Write a summary of the amendment in modern language defining necessary terms.Explain an example in U.S. History or an example in the life of the presenters that involves one of the first ten amendments.Create a visual aide for teaching the amendment. It can be a picture or a diagram.Create a skit depicting the amendment being violated.Create a handout for the class (28 copies). Crossword puzzles, word searches, and graphic organizers work best. Present the above items to the class on Thursday.

     Juniors will read the first 10 minutes of class. Students will watch a YouTube video regarding communism and take Cornell-style notes.

Wednesday-
     Seniors will have a special scholarship presentation.

     Juniors will write in their journal the first 10 minutes of class.  Students will read chapters 1-2 of Animal Farm and write a summary and answer analysis questions pertaining to their chapter. 

Thursday-
     Seniors will present their group Bill of Rights Projects.  Essay Contest submissions are due.

     Juniors will read the first 10 minutes of class and then read chapters 3-4 of Animal Farm and write a summary and answer analysis questions pertaining to their chapter.
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NOTE TAKING Cornell Notes
To help me organize notes.
Divide the paper into three sections.
• Draw a dark horizontal line about 5 or 6 lines from the bottom. Use a heavy
magic marker so that it is clear.
• Draw a dark vertical line about 2 inches from the left side of the paper from the
top to the horizontal line.
Document
• Write course name, date and topic at the top of each page
Write Notes
• The large box to the right is for writing notes.
• Skip a line between ideas and topics
• Don't use complete sentences. Use abbreviations, whenever possible. Develop a
shorthand of your own, such as using & for the word "and".
Review and clarify
• Review the notes as soon as possible after class.
• Pull out main ideas, key points, dates, and people, and write them in the left
column.
Summarize
• Write a summary of the main ideas in the bottom section.
Study your notes
• Reread your notes in the right column.
• Spend most of your time studying the ideas in the left column and the summary at
the bottom. These are the most important ideas and will probably include most of
the information that will be tested.
This strategy is based on a strategy presented in Pauk, W. (1997). How to study in college (6th ed). Boston:
Houghton Mifflin.
Learning Toolbox. Steppingstone Technology Grant, James Madison University,
MSC 1903, Harrisonburg, VA 22807. 
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The Bill of Rights
(with brief explanations)
THE PREAMBLE TO THE BILL OF RIGHTS
Congress of the United States begun and held at the City of New
York, on Wednesday the fourth of March, one thousand seven
hundred and eighty nine.
THE Conventions of a number of the States, having at the time of
their adopting the Constitution, expressed a desire, in order to
prevent misconstruction or abuse of its powers, that further
declaratory and restrictive clauses should be added: And as
extending the ground of public confidence in the Government, will
best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the
United States of America, in Congress assembled, two thirds of
both Houses concurring, that the following Articles be proposed to
the Legislatures of the several States, as amendments to the
Constitution of the United States, all, or any of which Articles, when
ratified by three fourths of the said Legislatures, to be valid to all
intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the
United States of America, proposed by Congress, and ratified by
the Legislatures of the several States, pursuant to the fifth Article of
the original Constitution.
Amendment I - Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the Go vernment for
a redress of grievances.
Government can neither impose a state religion upon
you nor punish you for exercising the religion of your
choice. You may express your opinions, write and
publish what you wish, gather peacefully with others,
and formally ask government to correct injustices.
Amendment II - A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear
Arms, shall not be infringed.
Individuals ("the people") have the right to own and
use weapons without interference from the
government.
Amendment III - No Soldier shall, in time of peace be quartered in
any house, without the consent of the Owner, nor in time of war, but
in a manner to be prescribed by law.
The government cannot force you to house its agents.
Amendment IV - The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched, and the
persons or things to be seized.
You may not be arrested or "detained" arbitrarily. No
agency of government may inspect or seize your
property or possessions without first obtaining a
warrant. To obtain a warrant, they must show specific
cause for the search or seizure and swear under oath
that they are telling the truth about these reasons.
Furthermore, the warrant itself must state specifically
and in detail the place, things, or people it covers.
Warrants that are too general or vague are not valid;
searches or seizures that exceed the terms of the
warrant are not valid.
Amendment V - No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of
a Grand Jury, except in cases arising in the land or naval forces, or
in the Militia, when in actual service in time of War or public danger;
nor shall any person be subject for the same offence to be twice put
in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, liberty,
or property, without due process of law; nor shall private property
be taken for public use, without just compensation.
No one outside the military may be tried for a serious
crime without first being indicted by a grand jury (of
citizens). Once found not guilty, a person may not be
tried again for the same deed. You can't be forced to
be a witness or provide evidence against yourself in a
criminal case. You can't be sent to prison or have
your assets seized without due process. The
government can't take your property without paying
market value for it.
Amendment VI - In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an impartial jury of
the State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and to
be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.
Trials cannot be unreasonably postponed or held in
secret. In any criminal case against you, you have a
right to public trial by a jury of unbiased citizens (thus
ensuring that the state can't use a "party-line" judge to
railroad you). The trial must be held in the state or
region where the crime was committed. You cannot
be held without charges. You cannot be held on
charges that are kept secret from you. You have a
right to know who is making accusations against you
and to confront those witnesses in court. You have
the right to subpoena witnesses to testify in your favor
and a right to the services of an attorney.
Amendment VII - In suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury, shall be otherwise
reexamined in any Court of the United States, than according to the
rules of the common law.
The right to trial by jury extends to civil, as well as
criminal, cases. Once a jury has made its decision, no
court can overturn or otherwise change that decision
except via accepted legal processes (for instance,
granting of a new trial when an appeals court
determines that your rights were violated in the
original proceeding).
Amendment VIII - Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments
inflicted.
Bail, fines, and punishments must all fit the crime and
punishments must not be designed for cruelty.
Amendment IX - The enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage others retained
by the people.
You have more rights than are specifically listed in the
Bill of Rights.
Amendment X - The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people.
The U.S. federal government has only those specific
powers granted to it by the Constitution. All other
powers belong either to the states or to individuals.
The Ninth and Tenth Amendments, taken together, mean that the
federal government has only the autho rity granted to it, while the
people are presumed to have any right or power not specifically
forbidden to them. The Bill of Rights as a whole is dedicated to
describing certain key rights of the people that the government is
categorically forbidden to remove, abridge, or infringe. The Bill of
Rights clearly places the people in charge of their own lives, and
the government within strict limits - the very opposite of the
situation we have allowed to develop today.

Tuesday, September 10, 2013

English Assignments for the Week of September 16, 2013

Monday
     Seniors- Write in journal.  This week, you will be deconstructing and analyzing historical US judicial    rulings.  Each day, you will read a new case and do the following: A copy of all the readings will be attached to the bottom of this week's post.
1. Annotate the Argument with your thoughts, questions, and judgment calls

2.  Explain in one paragraph the issue at hand, the law it deals with, imperative evidence and/or testimony, the ruling of the court, and why it is significant.  Use direct citation. This paragraph may very well exceed 8 sentences.  Keep it professional.  No “I statements” instead of saying “I feel _____________ is important”, say “________ is important….

     Juniors- Write in journal.  Read chapters 11 and 12 in the novel, "Never Let Me Go" and write a comprehensive summary of both chapters.  You are also responsible to stay up-to-date on your novel analysis questions.

Tuesday
     Seniors- Read silently for 10 minutes. Continue your assignment from Monday, selecting a new historical judicial ruling to analyze and deconstruct.

     Juniors- Read silently the first 10 minutes of class.  Read chapters 13 and 14 in the novel, "Never Let Me Go" and write a comprehensive summary of both chapters.  You are also responsible to stay up-to-date on your novel analysis questions.

Wednesday
    Seniors- Write in journal.  Continue your assignment, selecting a new historical judicial ruling to analyze and deconstruct.

     Juniors- Write in journal.  Read chapters 15 and 16 in the novel, "Never Let Me Go" and write a comprehensive summary of both chapters.  You are also responsible to stay up-to-date on your novel analysis questions.

Thursday  
      Seniors- Read silently the first 10 minutes of class.  Complete your last analysis and deconstruction of your final historical judicial ruling. Homework:

Five paragraph essay depicting the following:
Intro- Explain the importance of these historical documents and the importance they have played in American society.

1-3 Select 3 of the cases to deconstruct, explain why the judge ruled the way they did by incorporating the law, and explain the historical context.

5- Conclusion- Thought-Provoking and Stimulating Summation of your analytical findings and historical importance.  (NO PERSONALIZATION, YOUR OPINION IS LAW)

Due Monday September 23, 2013

  
      Juniors- Write in journal.  Read chapters 17and 18 in the novel, "Never Let Me Go" and write a comprehensive summary of both chapters.  You are also responsible to stay up-to-date on your novel analysis questions.  Homework:

Finish the Novel (Chapters 19-23)  Write summaries for 19 & 20, 21&22, and a final summary for chapter 23.  All Analysis Questions must be complete as well.  If all students finish the novel, all summaries, and analysis questions we will watch the movie, "Never Let Me Go."  If one student does not complete the assigned work, the class will not watch this film, and instead, write an essay on Monday. 
     
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Senior Readings and Assignment

Marbury v. Madison – Case Brief Summary

Summary of Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803).

Facts

On his last day in office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act. The Organic Act was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office.
The commissions were signed by President Adams and sealed by acting Secretary of State John Marshall (who later became Chief Justice of the Supreme Court and author of this opinion), but they were not delivered before the expiration of Adams’s term as president. Thomas Jefferson refused to honor the commissions, claiming that they were invalid because they had not been delivered by the end of Adams’s term.
William Marbury (P) was an intended recipient of an appointment as justice of the peace. Marbury applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jefferson’s Secretary of State, James Madison (D), to deliver the commissions. The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus “…to any courts appointed, or persons holding office, under the authority of the United States.”

Issues

  1. Does Marbury have a right to the commission?
  2. Does the law grant Marbury a remedy?
  3. Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void?
  4. Can Congress expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution?
  5. Does the Supreme Court have original jurisdiction to issue writs of mandamus?

Holding and Rule (Marshall)

  1. Yes. Marbury has a right to the commission.

    The order granting the commission takes effect when the Executive’s constitutional power of appointment has been exercised, and the power has been exercised when the last act required from the person possessing the power has been performed. The grant of the commission to Marbury became effective when signed by President Adams.
  2. Yes. The law grants Marbury a remedy.The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection.

    Where a specific duty is assigned by law, and individual rights depend upon the performance of that duty, the individual who considers himself injured has a right to resort to the law for a remedy. The President, by signing the commission, appointed Marbury a justice of the peace in the District of Columbia. The seal of the United States, affixed thereto by the Secretary of State, is conclusive testimony of the verity of the signature, and of the completion of the appointment. Having this legal right to the office, he has a consequent right to the commission, a refusal to deliver which is a plain violation of that right for which the laws of the country afford him a remedy.
  3. Yes. The Supreme Court has the authority to review acts of Congress and determine whether they are unconstitutional and therefore void.

    It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each. If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.
  4. No. Congress cannot expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution.

    The Constitution states that “the Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction.” If it had been intended to leave it in the discretion of the Legislature to apportion the judicial power between the Supreme and inferior courts according to the will of that body, this section is mere surplusage and is entirely without meaning. If Congress remains at liberty to give this court appellate jurisdiction where the Constitution has declared their jurisdiction shall be original, and original jurisdiction where the Constitution has declared it shall be appellate, the distribution of jurisdiction made in the Constitution, is form without substance.
  5. No. The Supreme Court does not have original jurisdiction to issue writs of mandamus.

    To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction.

    It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted, and does not create that case. Although, therefore, a mandamus may be directed to courts, yet to issue such a writ to an officer for the delivery of a paper is, in effect, the same as to sustain an original action for that paper, and is therefore a matter of original jurisdiction.

Disposition

Application for writ of mandamus denied. Marbury doesn’t get the commission.
See Ex Parte McCardle for a constitutional law case brief holding that that the Constitution gives Congress the express power to make exceptions to the Supreme Court’s appellate jurisdiction.

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Brown v. Board of Education – Case Brief Summary

Summary of Brown v. Board of Education of Topeka, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954).

Facts

This case is a consolidation of several different cases from Kansas, South Carolina, Virginia, and Delaware. Several black children (through their legal representatives, Ps) sought admission to public schools that required or permitted segregation based on race. The plaintiffs alleged that segregation was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.
In all but one case, a three judge federal district court cited Plessy v. Ferguson in denying relief under the “separate but equal” doctrine. On appeal to the Supreme Court, the plaintiffs contended that segregated schools were not and could not be made equal and that they were therefore deprived of equal protection of the laws.

Issue

  • Is the race-based segregation of children into “separate but equal” public schools constitutional?

Holding and Rule (Warren)

  • No. The race-based segregation of children into “separate but equal” public schools violates the Equal Protection Clause of the Fourteenth Amendment and is unconstitutional.
Segregation of children in the public schools solely on the basis of race denies to black children the equal protection of the laws guaranteed by the Fourteenth Amendment, even though the physical facilities and other may be equal. Education in public schools is a right which must be made available to all on equal terms.
The question presented in these cases must be determined not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the role of public education in American life today. The separate but equal doctrine adopted in Plessy v. Ferguson, which applied to transportation, has no place in the field of public education.
Separating black children from others solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The impact of segregation is greater when it has the sanction of law. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law tends to impede the educational and mental development of black children and deprives them of some of the benefits they would receive in an integrated school system. Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority and any language to the contrary in Plessy v. Ferguson is rejected.

Disposition

Judgment for the plaintiffs.
See Allen v. Wright for a constitutional law case brief involving an issue of whether the parents of black children had standing to bring claims for declaratory and injunctive relief regarding the tax-exempt status of segregated private schools.
Plessy v. Ferguson – Case Brief Summary
Summary of Plessy v. Ferguson, 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256 (1896).

Facts

Plessy (P) attempted to sit in an all-white railroad car. After refusing to sit in the black railway carriage car, Plessy was arrested for violating an 1890 Louisiana statute that provided for segregated “separate but equal” railroad accommodations. Those using facilities not designated for their race were criminally liable under the statute.
At trial with Justice John H. Ferguson (D) presiding, Plessy was found guilty on the grounds that the law was a reasonable exercise of the state’s police powers based upon custom, usage, and tradition in the state. Plessy filed a petition for writs of prohibition and certiorari in the Supreme Court of Louisiana against Ferguson, asserting that segregation stigmatized blacks and stamped them with a badge of inferiority in violation of the Thirteenth and Fourteenth amendments. The court found for Ferguson and the Supreme Court granted cert.

Issue

  • Can the states constitutionally enact legislation requiring persons of different races to use “separate but equal” segregated facilities?

Holding and Rule (Brown)

  • Yes. The states can constitutionally enact legislation requiring persons of different races to use “separate but equal” segregated facilities.

Thirteenth Amendment issue

The statute does not conflict with the Thirteenth Amendment. The Thirteenth Amendment abolished slavery and involuntary servitude, except as a punishment for crime. Slavery implies involuntary servitude and a state of bondage. The Thirteenth Amendment however was regarded as insufficient to protect former slaves from certain laws which had been enacted in the south which imposed upon them onerous disabilities and burdens and curtailed their rights in the pursuit of life, liberty and property to such an extent that their freedom was of little value; and that the Fourteenth Amendment was devised to meet this exigency.

Fourteenth Amendment Issue

All persons born or naturalized in the United States and subject to the jurisdiction thereof are made citizens of the United States and of the State wherein they reside, and the States are forbidden from making or enforcing any law which shall abridge the privileges or immunities of citizens of the United States, or shall deprive any person of life, liberty, or property without due process of law, or deny to any person within their jurisdiction the equal protection of the laws.
The proper construction of this amendment involves a question of exclusive privileges rather than race. Its main purpose was to establish the citizenship of former slaves, to give definitions of citizenship of the United States and of the States, and to protect the privileges and immunities of citizens of the United States from hostile legislation of the states.
It was intended to enforce the absolute equality of the two races before the law, but it was intended to abolish distinctions based upon color, or to enforce social equality, or a commingling of the two races upon terms unsatisfactory to either. Laws permitting and even requiring their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race. Such laws have generally been recognized as within the scope of the states’ police powers. The most common instance involves the establishment of separate schools, which has been held to be a valid exercise of the legislative power even by courts of States where the political rights of blacks have been longest and most earnestly enforced.

Disposition

Judgment for Ferguson (Plessy loses).

Note

This case is often cited incorrectly as Plessey v. Ferguson.
This case was later overruled by Brown v. Board of Education. Justice Warren wrote the opinion for a unanimous court, holding that separate facilities which segregate based on race are inherently unequal.

 

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Roe v. Wade – Case Brief Summary

Summary of Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973).

Facts

Roe (P), a pregnant single woman, brought a class action suit challenging the constitutionality of the Texas abortion laws. These laws made it a crime to obtain or attempt an abortion except on medical advice to save the life of the mother.
Other plaintiffs in the lawsuit included Hallford, a doctor who faced criminal prosecution for violating the state abortion laws; and the Does, a married couple with no children, who sought an injunction against enforcement of the laws on the grounds that they were unconstitutional. The defendant was county District Attorney Wade (D).
A three-judge District Court panel tried the cases together and held that Roe and Hallford had standing to sue and presented justiciable controversies, and that declaratory relief was warranted. The court also ruled however that injunctive relief was not warranted and that the Does’ complaint was not justiciable.
Roe and Hallford won their lawsuits at trial. The district court held that the Texas abortion statutes were void as vague and for overbroadly infringing the Ninth and Fourteenth Amendment rights of the plaintiffs. The Does lost, however, because the district court ruled that injunctive relief against enforcement of the laws was not warranted.
The Does appealed directly to the Supreme Court of the United States and Wade cross-appealed the district court’s judgment in favor of Roe and Hallford.

Issues

  1. Do abortion laws that criminalize all abortions, except those required on medical advice to save the life of the mother, violate the Constitution of the United States?
  2. Does the Due Process Clause of the Fourteenth Amendment to the United States Constitution protect the right to privacy, including the right to obtain an abortion?
  3. Are there any circumstances where a state may enact laws prohibiting abortion?
  4. Did the fact that Roe’s pregnancy had already terminated naturally before this case was decided by the Supreme Court render her lawsuit moot?
  5. Was the district court correct in denying injunctive relief?

Holding and Rule (Blackmun)

  1. Yes. State criminal abortion laws that except from criminality only life-saving procedures on the mother’s behalf, and that do not take into consideration the stage of pregnancy and other interests, are unconstitutional for violating the Due Process Clause of the Fourteenth Amendment.
  2. Yes. The Due Process Clause protects the right to privacy, including a woman’s right to terminate her pregnancy, against state action.
  3. Yes. Though a state cannot completely deny a woman the right to terminate her pregnancy, it has legitimate interests in protecting both the pregnant woman’s health and the potentiality of human life at various stages of pregnancy.
  4. No. The natural termination of Roe’s pregnancy did not render her suit moot.
  5. Yes. The district court was correct in denying injunctive relief.
The Court held that, in regard to abortions during the first trimester, the decision must be left to the judgment of the pregnant woman’s doctor. In regard to second trimester pregnancies, states may promote their interests in the mother’s health by regulating abortion procedures related to the health of the mother. Regarding third trimester pregnancies, states may promote their interests in the potentiality of human life by regulating or even prohibiting abortion, except when necessary to preserve the life or health of the mother.
The Supreme Court held that litigation involving pregnancy, which is “capable of repetition, yet evading review,” is an exception to the general rule that an actual controversy must exist at each stage of judicial review, and not merely when the action is initiated.
The Court held that while 28 U.S.C. § 1253 does not authorize a party seeking only declaratory relief to appeal directly to the Supreme Court, review is not foreclosed when the case is brought on appeal from specific denial of injunctive relief and the arguments on the issues of both injunctive and declaratory relief are necessarily identical.
The Does’ complaint seeking injunctive relief was based on contingencies which might or might not occur and was therefore too speculative to present an actual case or controversy. It was unnecessary for the Court to decide Hallford’s case for injunctive relief because once the Court found the laws unconstitutional, the Texas authorities were prohibited from enforcing them.

Disposition

Roe wins – the district court judgment is affirmed.
Hallford loses – the district court judgment is reversed.
The Does lose – the district court judgment is affirmed.
See Singleton v. Wulff for an abortion rights constitutional law case brief involving issues of injunctive and declaratory relief in the context of the enforcement of abortion legislation.


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McCulloch v. Maryland – Case Brief Summary
Summary of McCulloch v. Maryland, 17 U.S. 316, 4 Wheat. 316, 4 L. Ed. 579 (1819).

Facts

Maryland (P) enacted a statute imposing a tax on all banks operating in Maryland not chartered by the state. The statute provided that all such banks were prohibited from issuing bank notes except upon stamped paper issued by the state. The statute set forth the fees to be paid for the paper and established penalties for violations.
The Second Bank of the United States was established pursuant to an 1816 act of Congress. McCulloch (D), the cashier of the Baltimore branch of the Bank of the United States, issued bank notes without complying with the Maryland law. Maryland sued McCulloch for failing to pay the taxes due under the Maryland statute and McCulloch contested the constitutionality of that act. The state court found for Maryland and McCulloch appealed.

Issues

  1. Does Congress have the power under the Constitution to incorporate a bank, even though that power is not specifically enumerated within the Constitution?
  2. Does the State of Maryland have the power to tax an institution created by Congress pursuant to its powers under the Constitution?

Holding and Rule (Marshall)

  1. Yes. Congress has power under the Constitution to incorporate a bank pursuant to the Necessary and Proper clause (Article I, section 8).
  2. No. The State of Maryland does not have the power to tax an institution created by Congress pursuant to its powers under the Constitution.
The Government of the Union, though limited in its powers, is supreme within its sphere of action, and its laws, when made in pursuance of the Constitution, form the supreme law of the land. There is nothing in the Constitution which excludes incidental or implied powers. If the end be legitimate, and within the scope of the Constitution, all the means which are appropriate and plainly adapted to that end, and which are not prohibited, may be employed to carry it into effect pursuant to the Necessary and Proper clause.
The power of establishing a corporation is not a distinct sovereign power or end of Government, but only the means of carrying into effect other powers which are sovereign. It may be exercised whenever it becomes an appropriate means of exercising any of the powers granted to the federal government under the U.S. Constitution. If a certain means to carry into effect of any of the powers expressly given by the Constitution to the Government of the Union be an appropriate measure, not prohibited by the Constitution, the degree of its necessity is a question of legislative discretion, not of judicial cognizance.
The Bank of the United States has a right to establish its branches within any state. The States have no power, by taxation or otherwise, to impede or in any manner control any of the constitutional means employed by the U.S. government to execute its powers under the Constitution. This principle does not extend to property taxes on the property of the Bank of the United States, nor to taxes on the proprietary interest which the citizens of that State may hold in this institution, in common with other property of the same description throughout the State.

Disposition

Reversed; judgment for McCulloch.

Note

This opinion is occasionally cited as Mccullough v. Maryland or alternatively as Maryland v. McCulloch.
See Martin v. Hunter’s Lessee for a case brief of a constitutional law opinion holding that the Supreme Court’s interpretation of the Constitution and laws of the United States trumps that of state courts.