USHG Review Session # 5

1. USHG Review Session # 5 Amendments and Supreme Court Cases

2. Important Amendments • Amendments are additions to the Constitution that make formal changes to the document

3. Amendments 1-10 • Amendments 1-10 are called the Bill of Rights. • They were added to the Constitution as a compromise so that Antifederalists would agree to ratify the Constitution. • The Bill of Rights were created to ensure the protection of individual rights.

4. Amendment # 1 • 1st Amendment – Freedom of speech, press, religion. Eventually would include freedom of expression. • 1st Amendment rights have often been limited or controversial during times of national crisis, especially war. • Examples: Alien & Sedition Acts, Schenk v US, Tinker v Des Moines, NY Times v US.

5. Amendments 13, 14, 15 The Civil War or Reconstruction Amendments • 13th (1865)– abolished slavery in the US • 14th (1868)– guarantees citizenship rights to all native-born or naturalized people and forbids denying these rights without “due process of law” • 15th (1870) – guarantees voting rights to citizens regardless of race, color, or previous condition of servitude.

6. Amendments 13,14,15 • the civil war amendments were not effective in the south due to white Southerners efforts. • Examples: jim crow laws (segregation), literacy tests, grandfather clauses, and poll taxes

7. Amendments 16-19 • The Progressive Amendments – ratified during the progressive era in order to make significant changes in American society. • 16th – Income Tax: created to give the federal government a source of revenue • 17th – Direct Election of Senators: created to give people a greater voice in government and prevent voter fraud • 18th – Prohibition: a goal of the temperance movement, outlawed the production, distribution, and consumption of alcohol – alcohol seen as a major social problem. • 19th – Women’s Suffrage- gave women the right to vote, giving them a greater voice and potentially increasing their economic and social rights.

8. 21st Amendment • Ratified in 1933 during the Great Depression, it repealed, or reversed the 18th amendment (prohibition) • Opponents of the 18th amendment claimed that it was too hard to enforce, created additional crime, and hurt the economy.

9. 22nd Amendment • Ratified in 1951, after the death of Franklin D Roosevelt. • It limited a president to two elected terms, and a maximum of 10 years served.

10. 26th Amendment • Ratified in 1971, during the Vietnam War. • Lowered the legal voting age from 21 to 18. • Since many 18-20 year-olds were being drafted into war, they argued they should have the right to vote for their government leaders.

11. Supreme Court Cases

12. Marbury v Madison (1803) • Since the case Marbury v Madison, the Supreme Court has had the power of judicial review • Judicial review – the power to declare laws and government actions unconstitutional. • All Supreme Court cases deal with constitutional issues

13. What it’s about: Court ruled that the national bank was constitutional, saying the elastic clause gave the government power to create a national bank Why it’s important: Showed the strength and power of the federal government Supremacy clause – national government has power over the state. McCulloch v Maryland (1819)

14. What it’s about: Court ruled that treaties between the U.S. government and Indian Nations are the law of the land – Georgia could not force the Cherokee off their land Why it’s important: President Jackson defied the court’s ruling, ordering the Cherokee removal – breaking the principle of checks and balances. Worcester v Georgia (1832)

15. What it’s about: Court ruled that slaves were property and their owners could take them anywhere. African-Americans are not citizens, have no protection under the law Why it’s important: Declared the Missouri Compromise unconstitutional because it outlawed slavery in northern areas. Fired up Northern Abolitionists. Scott v Sandford (1857)

16. What it’s about: Court ruled that states could not set railroad rates if the traffic went between states Why it’s important: Paved the way for the creation of the Interstate Commerce Commission Government regulation of big business Related case: US v EC Knight Co. Wabash, St. Louis, and Pacific RR v Illinois (1886)

17. What it’s about: Court ruled that separate facilities for different races was legal as long as the facilities were equal to one another. Why it’s important: Declared segregation constitutional Overturned in Brown v BOE (1954) Plessy v Ferguson (1896)

18. What it’s about: The Court ruled that Standard Oil was a monopoly and should be dissolved Related case: Northern Securities Co vs US Why it’s important: Court used the Sherman Anti-trust Act to call for the elimination of the monopoly. Court said there was a difference between “reasonable” and “unreasonable” monopolies – not always defined by size Standard Oil v US (1911)

19. What it’s about: Court ruled that Schenk was breaking the law (Sedition Act) when he distributed anti-war pamphlets and encouraged men to dodge the draft Why it’s important: Showed there are limits on free speech (1st amendment rights are NOT absolute) Set “clear and present danger” standard for restricting rights Example of limited rights during war. Schenk v US (1919)

20. What it’s about: Court ruled that Congress could not delegate legislative powers to the President (they shouldn’t be passing New Deal laws that gave him so much power) Why it’s important: Court ruled New Deal’s NRA unconstitutional Defined interstate commerce Limited President’s powers Led to FDR’s court – packing scheme Schechter Poultry v US (1935)

21. What it’s about: Ruled that forcible relocation of Japanese-Americans to camps during WWII was legal Why it’s important: Court fails to protect minority group Federal government willing to limit the rights of the few for national security Korematsu v US

22. What it’s about: Court ruled that separate educational facilities based on race were inherently unequal Why it’s important: Overturns Plessy v Ferguson and begins the process of desegregating Southern schools. Major achievement during the civil rights movement Brown v Board of Education of Topeka, Kansas

23. Rights of the accused cases • Mapp v Ohio (1961) – citizens are protected against unlawful search and seizure by the government • Gideon v Wainright (1963) – ruled that denying a lawyer to someone who can’t afford one is a violation of constitutional rights • Miranda v Arizona (1966) – ruled that police must inform people of their rights when arrested

24. 1st Amendment Issues Engel v Vitale (1962) – court ruled that prayer in public schools violates the establishment clause of the first Amendment (separation of church and state) Tinker v Des Moines (1969) – court ruled that certain kinds of nonverbal communication can be protected under the first amendment (freedom of expression) NY Times Co. v US (1971) – court ruled that the government could not censor unfavorable media reports even during war (not protected under national security) (freedom of the press)

25. What it’s about: Court ruled that state laws that criminalize abortion are unconstitutional Why it’s important: Protected individuals’ implied right to privacy Expanded rights for women Gained momentum for the new women’s movement of the 70s Roe v Wade (1973)

26. What it’s about: Court ruled that President Nixon’s claim of executive privilege did not apply and ordered he turn over tapes that exposed the Watergate cover-up Why it’s important: Limited Presidential power and right to confidentiality Americans lose trust in leaders Great example of checks and balances U.S. vs Nixon (1974)

27. What it’s about: Court ruled in favor of Bush by ordering a stop to the recount of Florida ballots in the 2000 Presidential election Why it’s important: First time the Supreme Court decided an election 2nd time a candidate wins the popular vote and loses an election Exposed issues in federalism – voting differences among states Bush vs Gore (2000)