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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

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