Ruby Winer

Ruby Winer's AP U.S. Government and Politics Summer Assignment

The Judicial Branch is a crucial branch of American government. With the SCOTUS at the top. Making historic decisions important to our counties foundation and beliefs. With cases like Gideon V Wainwright, 372 US 335(1963), McDonald V Chicago, 561 US 742 (2010) and the famous case, Citizens United V FEC, 558 US _ (2010), we can see the effect the Supreme court and its cases has on the country. 

Gideon V Wainwright is a case from 1963 that started in Bay County Circuit Court in Florida.  Clarence Earl Gideon was charged with breaking and entering. At Gideon’s trial he asked for an attorney, because he could not afford one. The state of Florida did not give him one, because legally they were not required too, because it was not a capital case. Gideon defends himself, and gets 5 years in prison. While in prison he appeals to the supreme court. His case gets heard by the SCOTUS, and there is a unanimous decision for Gideon.  The decision was made by Warren's Court, a court that was mostly liberal. I think that this case is related to the 14th, and 6th Amendments. The right to due process and the right to an attorney, are not being met in Gideon’s case. It was against the 6th Amendment to not be given counsel. It was against the 14th Amendment to have him sent to prison without due process (which includes an attorney.) This topic relates to today, because recently Trump is suggesting that America should not give illegal immigrants the right to due process. Which would be violating the previous stated amendments.

McDonald V Chicago is a case from 9 years ago posing the question: Is the Second Amendment's right to bear arms applicable to the states through the Fourteenth Amendment? Otis McDonald was an African American man who lived in Chicago, and wanted a handgun for self defence. However, Chicago had rules barring hand guns, so McDonald sued the city. The case was first heard under the United States Court of Appeals for the Seventh Circuit and then brought up to the Supreme Court. From the slightly right leaning Roberts Court, there was a 5-4 ruling for Otis McDonald. Chief Justice Roberts voted for McDonald. In this case, the Second and Fourteenth Amendments are relevant. The Second because it is the right to a handgun, and the Fourteenth because it makes the Second Amendment applicable to the states. This is very relevant in today's world because people are able to access guns very easily and that is often problematic.

Citizens United V FEC was a huge case that started in the Citizens United Headquarters. Citizens United wanted to make a movie bashing presidential candidate Hillary Clinton. The BCRA made that movie a crime, because of the way it was funded and shown. Citizens United said that the BCRA was against the First Amendment and was unconstitutional. The case was scene by Roberts Court (right leaning.) There was a 5-4 saying that the BCRA’s rules did not violate the First Amendment. The Chief Justice joined the majority. The First Amendment was very important in this case. It lets people and now corporations say what they want, in terms of money and words. This is very important now, because now elections are heavily weighted on corporation’s money and that causes bias in the election. 

In conclusion, our laws and views are an every changing thing. They grow and develop as we the people do, and our court cases display that. Cases like Gideon V Wainwright, McDonald V Chicago, and Citizens United V FEC all helped push us forward, and sometimes backward into the world we live in today.