Missives from Samsara

There is a bit of very early American history that I always touch on very briefly in class that was in the news recently. It has to do with the mysterious disappearance of the English colonists who settled off the coast of North Carolina in the late 1500s. The settling of Jamestown gets more attention because it was the first permanent English settlement in what became the United States. However, the settlers at Roanoke settled first by nearly 20 years. However, when one of their leaders sailed back to England then returned in 1590, the settlement had been abandoned. Everyone was gone. Famously, the word Croatoan was carved onto a tree and offered one of the only obvious clues. But until recently, historians didn’t know for sure what happened to the settlers.

The term Croatoan was a reference to a Algonguian tribe of indigenous people who lived on nearby Hatteras Island. Could it have been that the 115 missing English settlers had gone to live with the Indians and ‘gone native?’ Nobody knew for sure.

However, it appears new evidence has led historians to conclude that some of the settlers moved their settlement inland while others did indeed assimilate with the Croatoan people. The sleuthing apparently involved an old map, some good old fashioned digging in the dirt, and a lot of DNA analysis by the Lost Colony DNA Project.

Next year, when I cover this in class, I’ll have a bit more to say. Is a good reminder that all history is revisionist.

Watch the video below for the full story.

YouTube Video

Below is the current list of required AP Gov cases. Roe was taken off after it was overturned in 2022. I was familiar with several of these cases through my teaching of AP US History. However, several of the Warren court cases were new to me three years ago when I started teaching AP Gov. Most infuriating on this list? Definitely the last one, which continues to wreak havoc on our democracy.

Marbury v. Madison (1803) In a dispute over “midnight judge” commissions, the Court established the principle of judicial review, which empowers the Supreme Court to declare acts of Congress or the executive unconstitutional. This decision fundamentally established the judicial branch as a co-equal branch of government with the final authority on constitutional interpretation.

McCulloch v. Maryland (1819) The Court ruled that the Necessary and Proper Clause granted Congress the implied power to establish a national bank and that the Supremacy Clause prevented states from taxing federal institutions. This landmark case significantly expanded federal power and solidified the hierarchy of federal law over state law.

Schenck v. United States (1919) During World War I, the Court upheld the conviction of a man distributing anti-draft leaflets, ruling that speech creating a “clear and present danger” is not protected by the First Amendment. This established that First Amendment rights are not absolute and can be limited to maintain social order during times of war or crisis.

Brown v. Board of Education (1954) The Court held that race-based school segregation is inherently unequal and violates the Equal Protection Clause of the 14th Amendment, overturning the “separate but equal” doctrine. This decision served as the constitutional catalyst for the modern civil rights movement and the desegregation of all public facilities.

Baker v. Carr (1962) By ruling that challenges to legislative redistricting are justiciable (capable of being decided by a court), the Supreme Court opened the door for federal oversight of state voting maps. This led to the “one person, one vote” principle, requiring districts to be roughly equal in population to ensure fair representation.

Engel v. Vitale (1962) The Court ruled that state-sponsored, voluntary prayer in public schools violates the Establishment Clause of the First Amendment. This decision established a firm “wall of separation” between church and state, prohibiting the government from promoting religious activities in public institutions.

Gideon v. Wainwright (1963) The Court held that the Sixth Amendment’s right to counsel is a fundamental right that must be provided by states to felony defendants who cannot afford an attorney. Through the Due Process Clause of the 14th Amendment, this case incorporated the right to an attorney into state law, ensuring a more fair and balanced trial process.

Tinker v. Des Moines (1969) The Court protected students' right to wear black armbands to protest the Vietnam War, famously stating that students do not “shed their constitutional rights… at the schoolhouse gate”. This established that symbolic speech is protected in schools as long as it does not cause a “substantial disruption” to the educational environment.

New York Times Co. v. United States (1971) In the “Pentagon Papers” case, the Court bolstered freedom of the press by establishing a “heavy presumption against prior restraint,” even in cases involving national security. This ruling made it extremely difficult for the government to engage in censorship unless it could prove immediate, irreparable harm to the nation.

Wisconsin v. Yoder (1972) The Court ruled that compelling Amish students to attend school past the eighth grade violated the Free Exercise Clause because it interfered with their established religious lifestyle. This decision balanced the state’s interest in education against the individual’s right to practice religion without undue government interference.

Shaw v. Reno (1993) The Court ruled that while creating majority-minority districts is permitted, districts drawn solely based on race can be challenged under the Equal Protection Clause. This established that race-conscious redistricting must be held to a standard of “strict scrutiny” to ensure it does not violate the colorblind ideal of the Constitution.

United States v. Lopez (1995) The Court struck down the Gun-Free School Zones Act, ruling that carrying a gun in a school zone is not an economic activity that affects interstate commerce. This marked a significant turn toward devolution by placing a clear limit on Congress’s power under the Commerce Clause and reaffirming states' rights under the 10th Amendment.

McDonald v. Chicago (2010) This case ruled that the Second Amendment right to keep and bear arms for self-defense is a fundamental liberty applicable to the states. Using the doctrine of selective incorporation, the Court restricted state and local governments from implementing effective handgun bans.

Citizens United v. FEC (2010) The Court ruled that political spending by corporations and unions is a form of protected speech under the First Amendment and cannot be limited. This decision led to the rise of Super PACs, allowing for unlimited independent expenditures in political campaigns.