Unit 3

 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

 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

 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 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 14 th Amendment  Did not incorporate them all. They will be incorporated one at a time

 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 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 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

 Defendants wanted to expand Furman and eliminate death penalty  Precedent: death penalty not cruel and unusual as long as it is applied without prejudice

 Women in Texas wanted abortion  Texas law outlawed abortion  Precedent: The 14 th Amendments right to privacy extends to a women's body  Abortions are legal

 Train Cars segregated by race  Precedent: Separate but equal segregation is legal  Set the stage for more segregation moving forward

 Topeka, Kansas schools were segregated  Sometime the closest school was not the one you went to  Precedent: Separate is inherently unequal  Segregation illegal

 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 could not be mandated by courts

 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

 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 a body paragraph about one of the court cases we learned yesterday answering the following question  “Over the years has the court increased or decreased equality through their rulings”  Be sure to include:  A statement about the case  Facts of the case  Precedent  How the precedent ties into statement

 Students in a school recited a voluntary prayer to God at the start of each school day  Question: Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment?  Precedent: It is unconstitutional to have school sponsored prayer of any type in public schools  Question: Can students pray in schools?

 Student in Des Moines ware armbands to protest the Vietnam War  Fearing disturbances schools asked them to remove the armbands  Question: Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the First Amendment's freedom of speech protections?  Precedent: While schools can limit freedom of expression, doing so in this case was unjustified

 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: Did the principal's deletion of the articles violate the students' rights under the First Amendment?  Precedent: Schools can set higher standards of speech  Freedom of speech is limited

 Texas man burns the US Flag in a form of protest  Texas arrests him  Question: is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?  Precedent: Burning the flag is symbolic speech and protected by the 1 st Amendment

 President Nixon refused to turn over tapes of himself that dealt with the Watergate affair  Question: Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review?  Precedent: The president must turn over the tapes  The president is not immune from judicial review

 During WWII the government interned Japanese Americans out of fear of espionage and sabotage  Question: Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?  Precedent: the public concern outweighed rights  Infringement of rights is aloud during times of “emergency and peril”

 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

 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

 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