the-supreme-court-case-that-defined
In episode 69 of Supreme Court Briefs, after the city of Baltimore causes a dude to lose his wharf, he sues the city.
Produced by Matt Beat. All images/video by Matt Beat, found in the public domain, or used under fair use guidelines. Music by @ElectricNeedleRoom(Mr. Beat's band). Download the song here: https://electricneedleroom.bandcamp.com/track/teaching-bad-habits
Mr. Beat's Supreme Court Briefs playlist: https://youtube.com/playlist?list=PLHtE7NbaKRef-x3QBDpwvJsr6i1Z3I6TN
A related case: https://www.youtube.com/watch?v=9eZKcPwWVgs
Here's an annotated script with footnotes: https://docs.google.com/document/d/1Bk_Ej4oV-E6iONipijfpbLg7hASuNVrPBNgxpTxKw0E/edit?usp=sharing
Check out cool primary sources here:
https://www.oyez.org/cases/1789-1850/32us243
Other sources used:
https://www.mtsu.edu/first-amendment/article/525/barron-v-baltimore
https://supreme.justia.com/cases/federal/us/32/243/
https://en.wikipedia.org/wiki/Barron_v._Baltimore
https://www.thirteen.org/wnet/supremecourt/antebellum/landmark_barron.html
#ushistory #supremecourtbriefs #supremecourt
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Baltimore, Maryland
1815
John Barron owns a deep-water wharf that was among the most profitable in Baltimore Harbor. What’s that? You don’t know what a wharf is? Well, that’s perfectly understandable. I imagine most of the young folks ain’t talking about wharfs these days. A wharf is a safe area for a ship to dock and unload or load stuff.
Anyway, in 1815, Baltimore began a big renovation project to modernize the city’s infrastructure. The city began paving streets, building embankments, and diverting waterways in order to prevent flooding and stuff.
While the city was better off after these improvements, John Barron and his wharf business were not. You see, these improvements caused lots of sand to wash down into Baltimore Harbor. After seven years of this, so much sand had accumulated in the harbor that the waters around Barron’s wharf were now too shallow for most ships to dock. His business was failing.
Desperate, Barron sued the city of Baltimore to make up for his losses. He claimed the city had violated his 5th Amendment rights. Specifically, the Takings Clause of the 5th Amendment, which says that private property will not be taken for public use without “just compensation.” By the way, the government taking private property for public use is also commonly known as “eminent domain.” Anyway, Barron said the city’s destruction of his wharf fell under eminent domain, and he sued for $20,000, which is about $421,000 in today’s money. He won the case, but the Baltimore County court gave him $4,500, or $105,000 in today’s money.
Not only that, the city appealed to the Maryland Court of Appeals, and IT reversed the decision, siding with Baltimore. So Barron appealed again, but this process took years. Finally, the Supreme Court agreed to take on the case, hearing oral arguments in February 1833.
The Court had two big questions to answer. First, does the 5th Amendment prevent LOCAL governments from taking private property for public use without just compensation? And second, did the Bill of Rights AS A WHOLE apply to state and local laws, or did they only apply to federal laws, yo?
...
https://www.youtube.com/watch?v=2whWnp4WxHo
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Created
3 weeks ago
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English
how-a-kid-bringing-a-gun-to-school-led
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In episode 72 of Supreme Court Briefs, a kid brings a gun to school, but ends up winning in court.
Produced by Matt Beat and Beat Productions, LLC. All images/video by Matt Beat, found in the public domain, or used under fair use guidelines. Music by Cheel.
Mr. Beat's Supreme Court Briefs playlist: https://youtube.com/playlist?list=PLHtE7NbaKRef-x3QBDpwvJsr6i1Z3I6TN
Here's an annotated script with footnotes: https://docs.google.com/document/d/1TNyLHh_nkcgItbzCGuMu3KpXId-igbwN_6L1Oz7r9t4/edit?usp=sharing
Check out cool primary sources here:
https://www.oyez.org/cases/1994/93-1260
Other sources used:
https://supreme.justia.com/cases/federal/us/514/549/
https://billofrightsinstitute.org/e-lessons/united-states-v-lopez-1995
https://joshblackman.com/blog/2014/02/25/constitutional-places-united-states-v-lopez/
https://en.wikipedia.org/wiki/United_States_v._Lopez
https://www.thirteen.org/wnet/supremecourt/future/landmark_us.html
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San Antonio, Texas
March 10, 1992
Alfonso Lopez, Jr., a senior at Edison High School, brings a concealed .38 caliber revolver into the school. Although the gun is not loaded, he also brings bullets for it. After receiving an anonymous tip about the gun and bullets, school authorities confront Lopez about it, man. Lopez admitted to having the gun and bullets, but claimed that he brought them to school just to sell to someone. It’s not like he was gonna, ya know, SHOOT anyone at school. Like that ever happens, anyway amirite? But yeah, it didn’t matter that Alfonso just brought the gun and bullets to SELL to someone. It was ILLEGAL to do that, and frankly…terrifying to know a student brought such a dangerous weapon to school. He was charged with breaking a Texas law that banned guns on school property.
However, the next day there was good news and bad news for Lopez. The good news was that the charges against him were dropped. The bad news was that the only reason why the charges were dropped was because now he was charged for breaking a federal law, the Gun Free School Zones Act, a law that made it a federal offense for anyone to bring a gun into a school zone.
In the U.S. District Court for the Western District of Texas, Lopez’s lawyers argued that the Gun Free School Zones Act was actually unconstitutional. According to them, there was nothing in the Constitution about controlling what happened at public schools. Therefore, the Tenth Amendment applied. However, the U.S. District court disagreed, ruling that the Gun Free School Zones Act was a “constitutional exercise of Congress’ well defined power to regulate activities in and affecting commerce, and the ‘business’ of elementary, middle and high schools…affects interstate commerce.” In other words, the U.S. District Court argued that the Commerce Clause of the Constitution gave Congress the power to regulate guns in public schools, and their rationale was that, since guns in schools led to gun violence, people might be reluctant to travel through these areas from other states. The district court added that the disruptions in schools caused by weapons being there resulted in a less educated population, which could negatively affect commerce in the future.
Well, Lopez and his lawyers thought this was quite a reach, to say the least. After Lopez was found guilty and sentenced to six months in prison, followed by two years of probation, he appealed the case to the Fifth Circuit Court of Appeals, arguing that the Commerce Clause didn’t apply to guns in schools. The Fifth Circuit Court of Appeals agreed with Lopez and reversed his conviction. After this, the federal government got the Supreme Court to weigh in.
...
https://www.youtube.com/watch?v=M8rnjnF93gA
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Created
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