How do you think that people would
respond if they had to vote in every
election or pay a fine or go to jail?
 William Marbury: Appointed as Justice of the Peace by
Federalist President John Adams the night before
Jefferson takes office.
 Adams’ Sec. of State did not deliver the paperwork in
before Jefferson takes office.
 Jefferson appoints new Sec. of State (James Madison) &
tells him not to deliver the paperwork to Marbury.
 Marbury sues Madison in the Sup. Ct. for the paperwork
so he can be the Justice of the Peace.
W. Marbury J. Madison
 Marbury claims the Judiciary Act of 1789 forces the Sup. Ct.
issue a WRIT of MANDAMUS, to make Madison give him the
paperwork.
 Chief Just. John Marshal says the Judiciary Act is
UNCONSTITUTIONAL & the Sup. Ct. did not have jurisdiction
to give a Writ of Mandamus. Soooo Marbury loses.
 Estb. Judicial Review- the authority for the S.C.
to determine whether legislation/actions are
constitutional.
 Makes the Supreme Court an equal branch of
gov.
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Congress creates BUS (controversial)
MD taxes MD branch of BUS
McCulloch refuses to pay tax
State courts rule against McCulloch
SCOTUS ruled in favor of McCulloch b/c…
 States cannot tax the federal government
Constitutional Issue
 Upholds Article 6: Supremacy Clause
 Federal Government > State Government
 NY grants monopoly of waterway traffic to Fulton-
Livingston Co.
 Aaron Ogden was granted a license under the
Fulton-Livingston Co. to operate his steamboat
from NJ to NY.
 Thomas Gibbons granted FEDERAL license to
operate.
 Ogden(NY) want to stop Gibbons(Fed.) from using
the INTERSTATE waterway.
 Issue: Who has power to regulate INTERstate
commerce?
 Sup Ct. : ONLY Federal gov. has power to regulate
interstate commerce.
Constitutional Issue: Upholds Article 6(Supremacy
Clause) and Article 1: Commerce clause
 "Almighty God, we
acknowledge our
dependence on Thee,
and we beg Thy
blessings upon us, our
parents, our teachers,
and our Country.”
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daily prayer from the NY State Board of
Regents. Recited every morning at the
beginning of school. Students could be
excused from reciting the prayer.
 Parents (Engle & others) upset over the prayer as a
violation of their 1st am. right to freedom of religion
and the establishment clause.
 S.C. ruled in favor of Engle b/c…
 It completely violated the est.. clause b/c a “prayer
composed by gov’t officials as part of a gov’t
program to further religious beliefs breaches the
Const.”
 Public schools are not allowed to encourage any sort
of religious beliefs/prayer even if they are nondenominational.
 In protest to the Vietnam War John & Mary Beth
Tinker & Chris Eckhart wore black armbands to
school.
 They were asked to remove them, refused, and then
suspended.
 Took the case to the S.C. as a violation of their 1st
am right to free speech
 S.C. ruled in favor of Tinker b/c…
 The armbands were not offensive or disruptive.
 As long as a students “speech” is not disruptive then
it can not be limited.
 Student’s don’t shed all of their 1st am. rights because
they enter a school.
 Principal removed 2 pages from a school newspaper
b/c the dealt w/ teen pregnancy and divorce. He felt the
girls discussed would be easily identified.
 Students felt it was a violation of their 1st am. Right to
free speech.
 3 former students sued the principal for this violation.
 S.C. says…
 Not a violation of 1st am. b/c it was a school newspaper
and students do not have the same free speech rights in a
school setting as adults do on the public forum.
 During the 1984 RNC Gregory
Johnson burned a flag in protest
of Reagan & his policies while
chanting, “Red, white & blue we
spit on you!”
 Johnson was tried and convicted
under a Texas law outlawing flag
desecration.
 He was sentenced to one year in
jail and assessed a $2,000 fine.
 Is flag burning protected under the 1st amendment
freedom of speech? Or is the flag a sacred item that
is above freedom of speech?
 Flag burning is protected under the 1st amendment
freedom of speech.
 Westboro Baptist Church has picketed military funerals for
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the past 20 years saying that God hates America b/c if it’s
tolerance for homosexuality & particularly the military’s
tolerance.
Fred Phelps & all 6 members go to Lance Corporal
Matthew Snyder’s funeral to protest.
The picketing took place on public land approximately
1,000 feet from the church where the funeral was held.
Snyder sues Westboro Baptist for millions of dollars for
emotional distress.
Phelps (Westboro) appeals to the SC
 SC says that their speech
was protected as long as
they followed the
guidelines of local laws
staying back the necessary
amount of space.
 Westboro’s statements
were entitled to First
Amendment protection
because those statements
were on matters of public
concern, were not
provably false, and were
expressed solely through
hyperbolic rhetoric.
 Dollree Mapp suspected of harboring a fugitive.
 Police show up and she wouldn't let them in.
 Cops leave
 3 hours later burst in her home holding up paper
saying it was a warrant.
 It wasn’t.
 Mapp’s attorney shows up
 Cops refuse to let him in
 Upon search of her home (illegally)
they find lewd photos & books.
She’s arrested & convicted .
 S.C. ruled in favor of Mapp
 No evidence illegally seized may be used in
court under the exclusionary rule.
 Protected under the 4th and 14th amendment.
 “Jane Roe” wanted an abortion in Texas, where it was illegal.
 Said it violated her right to privacy, which could be inferred
from 1st, 4th, 5th, 9th and 14th amendments.
 S.C. ruled in favor of Roe b/c…
 only a woman and her Dr. can determine what’s best during the
first trimester (1st 12 weeks).
 Gives women the right to abortion within first trimester.
 Ernesto Miranda, was charged
with rape, kidnapping, and
robbery.
 Miranda was not informed of
his rights prior to the police
interrogation.
 During the two-hour
interrogation, Miranda
allegedly confessed to
committing the crimes.
 Convicted to 30 years
 Supreme Court ruled that detained criminal
suspects, prior to police questioning, must be
informed of their constitutional right to an attorney
and against self-incrimination.
5th &6th Amendment
 Must be read their Miranda Rights.
 Clarence Gideon broke into a pool hall
 Stole $ from cig machine & wine
 Asked for a lawyer
 FL law says:
 lawyer is appointed only in capital offenses.
 G represents himself, poorly.
 Sentenced 5 years.
 Appealed to S.C. based on 6th amendment.
 Right to counsel
 The Supreme Court ruled in favor of Gideon
 Constitutional Issue: Upholds the 6th amendment:
the right to an attorney.
 G was retried with an appointed lawyer and he was
acquitted from the charges.
 William Furman broke into a home
and “accidentally” shot the
homeowner.
 Sentenced to death.
 Furman felt death penalty violated
the 8th amendment
 Cruel & unusual punishment
 S.C. ruled in favor of Furman
 Suspended the death penalty as a
violation of the 8th & 14th
amendments.
 Troy Leon Gregg robbed and
murdered 2 men & given the death
penalty.
 Gregg took it to the S.C. to try and
reverse his death penalty under
violation of the 8th amendment.
 S.C. ruled in favor of Georgia b/c…
 The 8th amendment was really talking
about barbaric/tortuous punishment
and the death penalty did not violate
the 8th if it fit the crime.
 Brought back the death penalty.
 Dred Scott was a runaway slave
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living in the free state of Illinois.
He sued for his freedom from his
former owner.
The SC ruled that because Scott
was not a citizen, he was not a
citizen of any state, and therefore
he couldn’t sue in a court of law.
Significance= whether free or a
slave could not be citizens, and
therefore not able to sue in court.
Also said that the US cannot decide
the issue of slavery in the new US
territories.
 Louisiana law (Separate Car Act) requiring RR’s to
have “separate but equal” RR cars.
 Homer Plessy (1/8 black) sits in white car. And
won’t go to black car. Arrested & taken to jail for
breaking law.
 P. appeals saying it’s a violation of his 14th am right.
 S.C. said that it was not a violation of the 14th am
b/c there were “equal” facilities provided.
 Creates the legal basis for the “separate but equal”
doctrine and legitimizes Jim Crow laws.
 What was the result of the Great Compromise?
 What were the two opposing sides?
 What was the 3/5ths Compromise?
 If the Southern States had their way, what would they
have gained?
 African American children were denied admittance
to all white schools.
 NAACP worked with families of school children to
challenge the “separate but equal” doctrine set by
Plessy v. Ferguson,1896.
 Violation of the equal protection clause of the 14th
amendment.
 S.C. ruled unanimously in favor of Brown and the
desegregation of public schools b/c it not only
violated the 14th am., but it also caused
psychological damage to A.A. children.
 Ends separate but equal
 After Brown v. Board of Ed. little
progress was made in
desegregating public schools.
 B/C of racially segregated housing
patterns and resistance by local
leaders, many schools remained as
segregated as they were at the time
of the Brown decision.
 In CMS 14,000 black students
attended 99% black schools.
 NAACP funded the case on behalf
of Vera and Darius Swann, parents
of a child(6), sued the CMS to allow
their son to attend Seversville
Elementary School, closest to their
home and then one of Charlotte’s
few integrated schools.
 Did the federal gov. have the authority to oversee
methods of desegregation?
 Yes, S.C. unanimously upheld busing programs that
aimed to speed up the racial integration of public
schools in the United States
 Allan Bakke (white male) applied to medical
school at U of C.
 Denied acceptance into school.
 100 spots available (16 reserved for minority
students)
 Affirmative action: attempt to remedy past
discriminaton
 Bakke had higher scores than all 16 minority
students: sues for admission into school
 Does affirmative action violate the 14th
amendment & the Civil Rights Act of 1964?
 Yes & No: Race can be used as A factor for
admission into college, but cannot be the
ONLY factor.
 After the Watergate scandal
surfaced, which involved
President Nixon (R) and his
reelection committee breaking
into the Democratic National
Headquarters, going through
files, wiretapping phones, etc.
trying to find damaging info
about the Democrats.
 Nixon kept tape recordings of
convos in the White House.
 The prosecutors wanted those
tapes!!! & Nixon said no, I have
executive privileges!
 Can the President use his “executive privileges” of
confidentiality in order to keep himself out of hot
water?
 NOOOOOO. Nixon had to give in to the subpoena
and release the tapes. There is a limit of “executive
privileges.
 He resigned shortly after.
 After the US entered WWII, &
therefore fighting against the
Japanese.
 Pres. FDR signed executive
order 9066 which banned U.S.
citizens of Japanese from living
along the west coast states.
 Interment camps were set up as
housing for the relocated
citizens.
 Poor conditions, violence and
rape ensued.
 Fred Korematsu (American
born) refused to leave his home
and was arrested for violating
E.O. 9066.
 Appealed to S.C. saying it was
unconstitutional to force people
of Japanese ancestry out of their
homes and into interment
camps.
 S.C. said that in times of war that it was necessary
and though it be unfortunate for the Japanese
Americans, the security of the nation was more
important.
 Interment of a racial group, even if they are citizens,
is legal and constitutional in times of war
 Congress outlawed this in 1988
 Gerald Gault (15) was @ home
when his friend made vulgar
phone calls to a neighbor.
 Gault was arrested & taken to
the juvenile delinquent center.
 Mom was never notified.
 Denied notice of the charges,
right to counsel, right to
confront/cross examine witness,
& protection from selfincrimination.
 Sentenced to 5 years confined in the State
Industrial School.
 S.C. said that just because he was a minor he could
not be denied due process & his 5th & 6th
amendment rights.
 Christopher Simmons (17) & friend
broke into Shirley Cook’s home,
robbed her, kidnapped her, killed her,
and dumped her body into the river.
 Simmons bragged about the murder.
Idiot.
 Went to court and confessed fully.
 Sentenced to DEATHHHHHH.
 Is it constitutional to sentence a juvenile to death?
 NO. Executing juveniles is considered cruel and
unusual punishment according to the 8th am.