GHSGT Court Cases Revised March 2009
Court cases to know: Marbury vs. Madison (1803) Dred Scott vs. Sandford (1857) Plessy vs. Ferguson (1896) Brown vs. Bd of Educ - Topeka, KS (1954) Miranda vs. Arizona (1966) Roe vs. Wade (1973) Bakke Case (1978) Don’t need to know the dates
Marbury vs. Madison (1803) End result: established judicial review judicial review the right for the courts to review a law to see if it is constitutional or unconstitutional constitutional -- stays a law unconstitutional -- law is kicked out/null/void
Dred Scott vs. Sandford (1857) End result: Slavery is legal Dred Scott - slave white owner from south moves to North is Scott still a slave? answer -- YES slaves are property, not people property is protected by Constitution
Plessy vs. Ferguson (1896) End Result: separate but equal is "okay"/legal black schools, white schools, etc. makes Jim Crow laws legal Jim Crow laws don't end till 1970s Jim Crow laws individual laws separating blacks and whites ex - blacks can't own land; can't carry a gun; separate bathrooms; ride in the back of buses, etc.
Brown vs. Board of Education (1954) End Result: separate but equal - not "ok"/illegal integrated schools (blacks and whites together – one school) overturned Plessy vs. Ferguson so Supreme Ct can change their "minds" over time – usually change with society just b/c court said it was illegal – not everyone/all states complied (did it) ex -- GA didn't fully integrate till 1975ish
Miranda vs. Arizona (1966) police must read you your rights "you have the right to remain silent..."
Roe vs. Wade (1973) abortion is legal
Will need to know for EOCT – not GHSGT Bakke Case Will need to know for EOCT – not GHSGT
Bakke Case End Result Colleges can use race for admission Quotas (#’s) are NOT allowed Later interpreted – affirmative action is legal
Bakke Case (1978) Schools can use race when considering applications to college, but can not use quotas Quota – a number Affirmative action -- policies that take gender, race, or ethnicity into account in an attempt to promote equal opportunity It is legal; but can not cause reverse affirmative action This is a HOT topic today – still in courts
Minorities help educate the majorities Legal Basis Minorities help educate the majorities
Yarbs’ Court Overview someone is charged and goes to court they fight it -- usually for a case to be "important" -- the person is fighting the actual law, not guilty or innocent goes through all courts (local, state, etc.) ends up at Supreme Court
each court reviews law to see if it goes with Constitution -- this process - judicial review Court says it has this power in Marbury vs. Madison SuCo gives decision -- decision becomes law throughout all U.S. student words -- someone is basically turning court case around