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 14th
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 14th
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
school


a marine veteran applied to med-
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 1st 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