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Court Cases

Court Cases. Unit 3. Marbury V. Madison (1803). Marbury appointed as Justice of the Peace New Sec. of State (Madison) refused to deliver commission Court ruled Madison must deliver commission Precedent : Supreme Court has power of Judicial Review. McCulloch v. Maryland (1819).

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Court Cases

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  1. Court Cases Unit 3

  2. Marbury V. Madison (1803) • Marbury appointed as Justice of the Peace • New Sec. of State (Madison) refused to deliver commission • Court ruled Madison must deliver commission • Precedent: Supreme Court has power of Judicial Review

  3. McCulloch v. Maryland (1819) • Maryland tries to tax Banks of the US • Maryland Claimed Bank Unconstitutional • Court Ruled: • Congress has Implied Powers • “Necessary and Proper” • When Fed. and State Laws contradict Fed. Law is supreme

  4. Gibbons v. Ogden (1824) • N.Y. Passed law limiting traffic in N.Y. Harbor • N.J. boat companies sue • Precedent: Federal Gov. not states has the power to regulate interstate trade

  5. Barron v. Baltimore (1833) • City of Baltimore diverted streams to help construction • Barron sued because this hurt his wharf business • President: The Bill of Rights does not apply to the states

  6. Gitlow v. NY (1925) • Gitlow a socialist was charged with criminal anarchy under NY law for his writings • Precedent: The Bill of Rights applies to states through the “Due Process Clause” of the 14th Amendment • Did not incorporate them all. They will be incorporated one at a time

  7. Gideon v. Wainwright (1963) • Gideon convicted of a crime but did not have a lawyer • Precedent at the time was lawyers were only provided for capital cases • Precedent: Right to council is a fundamental right. (A lawyer must be provided if accused cannot afford one)

  8. Miranda v. Arizona (1966) • Miranda arrested for kidnapping and rape • Miranda confessed • Miranda not told of his right to counsel and right to remain silent • Precedent: No confession can be admissible unless accused is made aware of his rights • Miranda Rights

  9. Furman v. Georgia (1972) • Furman Convicted of murder • Georgia was carrying out death penalties inconsistently • Precedent: Death penalty is not Cruel and Unusual punishment unless it is applied inconsistently • Death penalty cases in Georgia put on hold

  10. Gregg v. Georgia • Defendants wanted to expand Furman and eliminate death penalty • Precedent: death penalty not cruel and unusual as long as it is applied without prejudice

  11. Roe V. Wade (1973) • Women in Texas wanted abortion • Texas law outlawed abortion • Precedent: The 14th Amendments right to privacy extends to a women's body • Abortions are legal

  12. Segregation

  13. Plessy V. Ferguson (1896) • Train Cars segregated by race • Precedent: Separate but equal segregation is legal • Set the stage for more segregation moving forward

  14. Brown V. Board of Education (1954) • Topeka, Kansas schools were segregated • Sometime the closest school was not the one you went to • Precedent: Separate is inherently unequal • Segregation illegal

  15. Swann v CMS 1970 • How do you desegregate schools? • Question: Were federal courts constitutionally authorized to oversee and produce remedies for state-imposed segregation? • Precedent: Schools must be desegregated based on region but busing for desegregation could not be mandated by courts

  16. Leandro v. North Carolina (1994) • Low income communities sued North Carolina on the basis that the school districts needed more money from the state because the districts could not raise the money on their own • Precedent: The state must provide basic education for all students but not same amount of money to all districts • This was not a US Supreme Court Case on NC Supreme Court

  17. Affirmative action

  18. Bakke v. Regents of the University of California • Bakke a marine veteran applied to med-school • Scored in top 3% on his exams • Had an above average GPA • Denied Entrance to Medical School • People he was more qualified then made it in • Bakke a white man claimed he was denied because the school reserved 12 spots for minorities • Precedent: Race can be a minor factor in admittance but it can not be the only factor • Quota system is illegal

  19. Timed Writing (15 Minutes) • Write a body paragraph about one of the court cases we learned yesterday answering the following question • “Over the years has the court increased or decreased equality through their rulings” • Be sure to include: • A statement about the case • Facts of the case • Precedent • How the precedent ties into statement

  20. 1st Amendment Issues

  21. Engle v Vitale (1962) • Students in a school recited a voluntary prayer to God at the start of each school day • Question: Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment? • Precedent: It is unconstitutional to have school sponsored prayer of any type in public schools • Question: Can students pray in schools?

  22. Tinker v. Des Moines ICSD (1968) • Student in Des Moines ware armbands to protest the Vietnam War • Fearing disturbances schools asked them to remove the armbands • Question: Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the First Amendment's freedom of speech protections? • Precedent: While schools can limit freedom of expression, doing so in this case was unjustified

  23. Hazelwood v. Kuhlmeier (1988) • A school newspaper was found to have inappropriate articles in it • The principal told them to remove the articles, students took it to court • Question: Did the principal's deletion of the articles violate the students' rights under the First Amendment? • Precedent: Schools can set higher standards of speech • Freedom of speech is limited

  24. Texas V. Johnson (1988) • Texas man burns the US Flag in a form of protest • Texas arrests him • Question: is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? • Precedent: Burning the flag is symbolic speech and protected by the 1st Amendment

  25. Powers of the Government

  26. US v. Nixon (1974) • President Nixon refused to turn over tapes of himself that dealt with the Watergate affair • Question: Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review? • Precedent: The president must turn over the tapes • The president is not immune from judicial review

  27. Korematsu v. US (1944) • During WWII the government interned Japanese Americans out of fear of espionage and sabotage • Question: Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent? • Precedent: the public concern outweighed rights • Infringement of rights is aloud during times of “emergency and peril”

  28. Slavery Issues

  29. Dred Scott v. Sandford (1856) • Dred Scott a slave lived in a free state where slavery was forbidden then returned to Missouri (a state that aloud slavery) • Dred Scott sued for his freedom claiming because he lived in free state he was a free man • Precedent: Because Dred Scott was never freed he was still a slave and not a US citizen

  30. North Carolina V. Mann (1830) • Mann a slave owner shot a slave who struggled to escape whipping • Mann charged with abuse and fined • Precedent: the power of slave owners is absolute over their slaves • This was not a US Supreme Court Case on NC Supreme Court

  31. Due Process

  32. In Re Gault (1966) • A fifteen year old arrested for making obscene phone calls • Police arrested him and did not leave notice for the parents • Question: Were the procedures used to commit Gault constitutionally legitimate under the Due Process Clause of the Fourteenth Amendment? • Precedent: Police must notify parents of charges and rights of the accused

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