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

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?

 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 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

 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

 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

 “Should freedom of expression be limited in schools? Why/Why not?”

 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?

 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

 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 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 1 st Amendment

1. Involved outlaw the death penalty if it was applied unfairly 2. Stated that you must have the opportunity to have a lawyer 3. Started to incorporate the BOR to the States 4. Stated that the BOR did not apply to states 5. Federal Power is supreme 6. Courts have judicial review 7. People can burn the flag in protest 8. Schools cannot encourage prayer

 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 case  Facts of the case  Precedent  How the precedent ties into statement

 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”

 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 tapes  The president is not immune from judicial review

 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

 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

 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

1 Interning Arab Americans out of fear of a imminent terrorist attack 2. Using a quota system to ensure that there are at least 12 female employees at a company 3. Mandating uniforms in schools 4. Searching students who are suspected on dealing drugs in schools 5. Burning an effigy of the president in protest of the government

On your own create an Anagram for the an assigned court case. The anagram must be relevant to the court case and explain the main purpose of the case.