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Court Cases. Marbury v. Madison (1803). Marbury tried to force Madison to give him appointment as judge Established Judicial Review (the Supreme Court claimed its right to declare acts of the Legislative and Executive Branches unconstitutional) Allowed other cases to reach the Supreme Court.
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Marbury v. Madison (1803) • Marbury tried to force Madison to give him appointment as judge • Established Judicial Review (the Supreme Court claimed its right to declare acts of the Legislative and Executive Branches unconstitutional) • Allowed other cases to reach the Supreme Court
McCulloch v. Maryland (1819) • Maryland tried to tax the national government’s banks • Strengthened national supremacy and gave congress implied powers • Supremacy Clause
Gallery Walk Amendment Court Cases
Texas v. Johnson (1989) Man burned a flag at a rally and was arrested Flag burning is constitutional/Protects symbolic speech Strengthened 1st Amendment
Mapp v. Ohio (1961) Mapp’s home was searched without warrant and she went to jail Exclusionary rule—must throw out bad evidence found without a warrant 4th Amendment
In Re Gualt (1967) • Juvenile was not given due process rights in trial • Gives juveniles the same due process rights as adults • 5th Amendment
Miranda v. Arizona (1966) Man was not told he had the right to remain silent or a lawyer Established Miranda Rights that had to be read before trials 5th and 6th Amendments
Gideon v. Wainwright (1963) Gideon could not afford a lawyer so he defended himself All people have the right to a lawyer no matter how much money they make 5th and 6th Amendment
Furman v. Georgia (1972) Death penalty was cruel and unusual punishment because it favored black males Death penalty was unconstitutional 8th Amendment
Gregg v. Georgia (1976) Gregg said death penalty was unconstitutional because of Furman Death penalty is constitutional if it follows fair and consistent rules Overturned Furman 8th Amendment/DP is Good Gregg
Gibbons v. Ogden (1824) • Questioned who had control of interstate trade for steam boat trading • Gave the Federal Government sole power to regulate all possible forms of commerce between the states/Strengthened National Government power
Dred Scott vs. Sanford Dred Scott was a slave whose master moved him from Missouri to a free state (Illinois) and then back to Missouri. When the master died, Scott sued for his freedom since he lived in a free state. Supreme Ruled that since Scott was black he did not have the right to sue in court and if a person. They further stated that if a person was a slave they were personal property. This is why we have the 14th Amendment
Plessy v. Ferguson (1896) Plessy sat on an all white train and was arrested because he was 1/8 black Legalized segregation Supreme Court Ruled “separate, but equal” is OK
Brown v. Board of Education (1954) *Brown wanted his daughter to go to a closer all white school *Desegregated schools, blacks and whites could go to same school OVERTURNS PLESSY VS. FERGUSON
Swann v. CMS (1971) • Schools in CMS were still segregated because neighborhoods were segregated • Used busing to force desegregation in Charlotte Schools
Korematsu v. US (1944) Korematsu refused to go to a Japanese internment camp and was arrested Allowed government to take people’s rights away in times of war
US vs. Nixon Pres. Nixon installed a taping system in the White House to record all the conversation with his advisors. A Special Pro subpoenaed the tapes and Nixon refused to turn them over Supreme Court has final voice in interpreting the Constitution and no one, not even the President is above the Law—Rule of Law Upholds the Principle of Rule of Law
Regents of the University of CA v. Bakke (1978) Bakke was angry because minorities with lower scores were getting into schools over him Affirmative Action OK in admissions AA: Makes up for past discrimination
New Jersey v. T.L.O. (1985) T.L.O. was searched in school with no warrant and was arrested for selling marijuana Can search in schools with reasonable suspicion
Bethel School District v. Fraser (1986) Frasier gave an inappropriate speech and was suspended Freedom of speech can be limited in schools Limits 1st Amendment
Tinker v. Des Moines (1969) Tinker wore armbands to protest Vietnam and got suspended Upholds freedom of symbolic speech in schools 1st Amendment
Hazelwood v. Kuhlmeier (1988) Principal censored a school newspaper and students said it was against freedom of the press Can censor school sponsored activities Limits 1st Amendment
Engle v. Vitale (1962) Public schools forced students to say prayers Said this was unconstitutional because it was against 1st Amendment Think: Angel v. Vitale
Roe v. Wade (1973) Woman was denied a first trimester abortion because it was illegal in Texas Legalized 1st trimester abortions in all states
State vs. Mann (1830) A slave owner beat his slave close to death and was charged with the assault and found guilty. NC Supreme Court overturned the ruling stating that a person could not be charged with destroying their property
Leandro vs. NC (1997) Parents of low income student sued stating their child was not receiving the same education as in other predominate schools. (Cumberland, Hoke, Halifax, Robeson, and Vance Counties of NC) NC Supreme Court ruled that every child must receive a “Sound, basic, education.”