 1803  DECISION  Established the concept of Judicial Review: the Supreme court has the final authority to find acts of government unconstitutional.

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Presentation transcript:

 1803  DECISION  Established the concept of Judicial Review: the Supreme court has the final authority to find acts of government unconstitutional

 What happened  Students wrote an article the principal would not allow to be published in the school newspaper  DECISION  Schools can filter or limit information that is placed into a school newspaper.  This case allows school officials to have full control of school sponsored activities  Activities can continue “so long as their actions are reasonably related to legitimate pedagogical concerns  1 st Amendment (1988)

 What happened  Obscene Speech at assembly  DECISION  Schools may limit the profane, obscene lewd speech of a student  1 st Amendment (1983)

 What happened  Students wore black arm bands protesting Vietnam War, they were suspended  DECISION  A student does not shed his rights at the door. Black armbands to protest the Vietnam War can be worn since they are not disruptive.  1 st Amendment (1969)

 What happened  Maryland tried to put a tax on a branch of the Bank of the US  DECISION  A state cannot tax a federal institution  Supremacy Clause (1819)

 What happened  Ogden had NY state license to ferry people from NYC to NJ, Gibbons also ferried people but had no state license but did have a federal coasting license  DECISION  The Federal government has the power over the state to regulate interstate commerce. Federal ferry license prevails over a State Ferry License (no NY monopoly)  Supremacy Clause (1824)

 What happened  Sandford lived in MO (a slave state) took Dred Scott to IL (a free state) and Scott said he was now free  DECISION  States cannot deprive a person of his right to property  5 th Amendment (1857)

 What happened  Plessy (1/8 of African decent) sat in white only train car, would not move when asked  DECISION  Established the concept of “separate but equal” in public facilities  14 th Amendment (1896)

 What happened  Mr. Brown wanted his daughter to attend the neighborhood school (she was black and the school was for whites)  DECISION  Schools were desegregated. Separate is unequal. Separate but equal has no place  Integrated schools  Overturned Plessy v. Ferguson  14 th Amendment (1954)

 What happened  Mr. Korematsu said it is not Constitutional for people of Japanese decent to be forced to move to internment camps  DECISION  Justices ruled for US government saying that times of national hardship and extreme times can allow some individual rights to be taken away  Court upheld the military order presented by the circumstances of WW II – “Pressing public necessity may sometimes justify the existence of restrictions which curtail the civil rights of a single racial group”  5 th Amendment – Due Process (1944)

 What happened  Georgia death penalty law vague and so most death row inmates were Black men  DECISION  Capital Punishment and the enforcement of the death penalty cannot be racially biased  8 th and 14 th Amendment (1971)

 What happened  Gideon charged with crime, at that time in FL lawyers only given for death penalty and insanity cases, he had no money to pay a lawyer and was found guilty  DECISION  All accused persons are entitled to a lawyer, even if they cannot afford one.  Right to Counsel  Person must have counsel provided, regardless of the charges filed against them  Gideon Rule  6 th Amendment (1963)

 What happened  Miranda arrested but not told his right to not confess to the crime, he signed a confession and was convicted  DECISION  A person must be read his or her rights before being arrested.  When Ernesto Miranda was arrested and questioned and signed a confession that listed that he had “full knowledge of his legal rights”, he was not made aware of his rights to counsel and the confession was illegally gained.  5 th Amendment (1966)

 What happened  Police searched Mapp’s house with a fake warrant and found illegal material  DECISION  Illegally obtained evidence cannot be used in court.  Illegal Evidence and Due Process Clause  No illegal search and seizures applied to all states  Before this rule not every state incorporated excluding evidence gained through an illegal search  Exclusionary Rule  4 th and 14 th Amendment (1962)

 What happened  School board required students to say a prayer at beginning of each day  DECISION  A school cannot require students to pray. This court case upheld separation of church and state.  Establishment Clause  Eliminated prayers in school  Students cannot be forced to recite a prayer because it violates their 1 st Amendment right to freedom of religion  1 st Amendment (1962)

 What happened  Texas had a law against desecrating the Flag, Mr. Johnson burned a Flag in protest  DECISION  The Government cannot limit a citizen’s right to burn the US Flag  This case protected the rights of individuals to freedom of expression, even if in this case that expression is the burning of the American flag  1 st Amendment (1989)

 What happened/Decision  A state cannot take away a woman’s right to an abortion  4 th Amendment (1973)

 What happened  Anti-Vietnam leader who urged men to resist the draft  DECISION  Free speech is limited during times of war and 1 st Amendment rights are not absolute  1 st Amendment (1919)