court cases
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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). - PowerPoint PPT PresentationTRANSCRIPT
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)•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
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
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
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
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)
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
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 inconsistentlyDeath penalty cases in Georgia put on
hold
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
Is it important for the federal government to get involved in civil rights issues or should it be left to a state? Why or why not?
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
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
PLESSY V. FERGUSON (1896) Train Cars segregated by race Precedent: Separate but equal
segregation is legalSet the stage for more segregation moving
forward
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
unequalSegregation illegal
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
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
WRITE 1 PARAGRAPH ON THE FOLLOWING “Should freedom of expression be
limited in schools? Why/Why not?”
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 prayer at school violate the First Amendment?
Precedent: It is unconstitutional to have school sponsored prayer of any type in public schools
Question: Can students pray in schools?
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: Can schools limit what students can wear or is it free speech?
Precedent: While schools can limit freedom of expression, doing so in this case was unjustified
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: Was the students freedom of speech/press violated?
Precedent: Schools can set higher standards of speech/press Freedom of speech/press
is limited in schools
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 a form of speech
Precedent: Burning the flag is symbolic speech and protected by the 1st Amendment
EXIT TICKET: WRITE DOWN WHICH CASE APPLIES1. Involved outlaw the death penalty if it was
applied unfairly2. Stated that you must have the opportunity
to have a lawyer3. Started to incorporate the BOR to the
States4. Stated that the BOR did not apply to
states5. Federal Power is supreme6. Courts have judicial review7. People can burn the flag in protest8. Schools cannot encourage prayer
TIMED WRITING (15 MINUTES) Write a body paragraph about one of
the court cases we learned today answering the following question
“Over the years has the court increased or decreased liberties through their rulings?”
Be sure to include:A statement about the caseFacts of the casePrecedentHow the precedent ties into statement
KOREMATSU V. US (1944) During WWII the
government interned Japanese Americans
Question: Can the government take away civil rights during times of national crisis?
Precedent: the public concern outweighed rights Infringement of rights is
aloud during times of “emergency and peril”
US V. NIXON (1974) President Nixon refused to turn over
tapes of himself that dealt with the Watergate affair
Question: Is the President immune to judicial review
Precedent: The president must turn over the tapesThe president is not immune from judicial
review
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
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 bodyAbortions are legal
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
EXIT TICKET: INDICATE IF THE FOLLOWING IS LEGAL OR ILLEGAL BASED ON WHAT YOU KNOW OF COURT PRECEDENT (INDICATE THE RELEVANT CASE)1 Interning Arab Americans out of fear of
a imminent terrorist attack2. Using a quota system to ensure that
there are at least 12 female employees at a company
3. Mandating uniforms in schools4. Searching students who are suspected
on dealing drugs in schools5. Burning an effigy of the president in
protest of the government