Korematsu
• Writ of Habeas Corpus
• Executive Order
• 5th amendment due process
Korematsu
• Was Korematsu denied 5th amendment due
process rights when President Roosevelt issued
an Executive Order directing all JapaneseAmericans to report to a detention camp
• Even though they did not have a trial and were
not accused of a crime?
• No, Because this was wartime, the President
and Congress can suspend writ of habeas
corpus (the right to appear before a judge)
Mapp v. Ohio
Fourth Amendment
Mapp Ohio
• Exclude anything from court not on
warrant
• Called Exclusionary Rule
Gitlow vs. New York
Gitlow tried to Overthrow
• 1st and 14th
• 1st because of speech
• 14th because it is a state government
accused of restricting rights
• Speech which presents a “clear and
present danger” to others is not protected
by 1st amend.
Marbury v. Madison
• The most Significant
• Why!
Marbury v. Madison
• Judicial Review
• This case established the power of
Judicial Review for the Courts
• How?
• The courts declared a law of Congress
Unconstitutional
West Virginia V. Barnette
• 1st amendment
• Flag
West Virginia v. Barnette
• Don’t have to say pledge if it violates my
religious beliefs
• Because of the Free Exercise Clause
• I am free to express my religious beliefs
and I don’t have to express what is not
Gregg v. Georgia
• 8th amendment , no cruel or unusual
punishement.
• Is the death penalty unconstitutional?
• No, if it is in proportion to the crime
Abington v. Schempp
• 1st amendment
• Nativity Scene
Abingdon v. Schempp
Placing nativity scene on courthouse lawn
Violates…………..
1st amendment, Establishment Clause
State v. Mann
• State Constitution and issue of slavery
State Constitution is Supreme in
the State
Leandro
• Equality
Leandro
• State must try to educate each child
equally
• Hence, state testing
McCulloch v. Maryland
• Judicial Review Toooooo!
McCulloch v. Maryland
• US gov can establish a national
bank,because it is Necessary and
Proper……….(Elastic Clause, Implied
Powers Clause)
• Maryland could not Tax the bank because,
the US government is SUPREME .
National Supremacy Clause
New Jersey v. TLO
• Fourth amendment
TLO
• Schools only need reasonable suspicion to
conduct search not probable cause,….this
is not your home.
Gideon
• 6th Amendment
Right to Counsel
• If a person cannot afford an attorney, one
shall be appointed
• Right to a lawyer
Miranda v. Arizona
• 5th amendment
• Due Process
Miranda
• Miranda’s confession was considered
impermissible evidence because he was forced
into the confession
• He did not know that the 5th amendment
protected his right to remain silent
• Not informing him of his rights and denying him
access to an attorney meant that he was denied
due process