Judicial Review and Civil Rights
LANDMARK US SUPREME COURT
RULINGS AND THE ROLE OF THE
COURT
Michael Quinones, NBCT
www.socialstudiesguy.com
APK: Activation of Prior Knowledge
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Write at least 2-3 sentences describing a time when…
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You
believed you were denied a right, privilege or freedom and
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then did your best to gain/regain that lost right, privilege or
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freedom
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Question of the Day
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How
does Judicial Review provide equality for
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all
U.S. citizens?
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Name of the Case
Plaintiff’s Constitutional Argument or
reason for appealing to High Court
Constitutional Grounds for Supreme
Court’s Opinion
Name of the Case
Plaintiff’s Constitutional Argument or
reason for appealing to High Court
Constitutional Grounds for Supreme
Court’s Opinion
The Elastic
Clause/Necessary & Proper
Clause-“Congress has the
power…to make all laws
which shall be necessary
and proper…”
Commerce Clause“Congress has the power to
regulate commerce…among
the several states…”
Commerce=trade,
buying/selling.
Supremacy Clause-“The
laws of the United States
which shall be made…shall
be the supreme law of the
land…and every state shall
be bound [by them]…”
14th Amendment/Equal
Protection’s Clause-No one
can be denied “equal
protection of the laws” or
“deprived of life, liberty or
property without due
process…” [organized legal
process with rules].
Commander in Chief
Clause-The president shall
be Commander in Chief of
the Army and Navy of the
United States, and of the
militia of the several
states…
13th Amendment“Involuntary servitude…
[slavery] shall not exist
within the United States…”
Judicial Review
•
Judicial Review is the power of
judges in a court to decide or rule
that a law is unconstitutional.
•
A law passed by a legislature may
be considered unfair or
discriminatory by someone.
•
Citizens affected by these unfair
laws [ex. arrest and convictions in
court] may decide to sue a
government, person or
organization or appeal their cases
to a higher court.
•
A court may overturn, reverse or
strike down any law if it believes it
violates any portion of the U.S.
Constitution.
Implied Powers
•
Judicial Review is an example of an
implied power the Judicial Branch
possesses.
•
The imply means to indirectly say
or do something.
•
Some examples might include:
[A] Pete implied Alex was gay because
he acted just like a girl.
[B] Shante was implying that Mary was
overweight because she it was good
idea to eat low calorie food.
The Elastic Clause a.k.a. The Necessary and Proper Clause
•
“Congress has the power…to
make all laws which shall be
necessary and proper…”
•
The Elastic Clause gives Congress
the power to adjust to the future
with the ability to address anything
that can affect the nation. This
power called Elastic because it can
stretch to meet any need just as a
rubber band does.
•
However, as the clause states the
power to make laws must be limited
to this which shall be necessary
[needed] and proper [appropriate,
justified].
The Commerce Clause
•
“Congress has the power to
regulate commerce…among
the several states…”
•
The Commerce Clause is an
example of an expressed power
because it is a specific power given
to the U.S. Congress.
•
Commerce relates to any activity
aimed at earning money by
manufacturing, buying, selling or
trading items of value.
•
Commercial advertizing
[commercial for short] is designed
to get people to want and buy
goods or services.
The Supremacy Clause
•
“The laws of the United States
which shall be made…shall be
the supreme law of the
land…and every state shall be
bound [by them]…”
•
The Supremacy Clause was designed to
maintain a clear example for all of the
United States to follow.
•
Each state in the United States may have
its own government and laws but they
must not conflict with federal [national]
laws or the U.S. Constitution. U.S. law
and the U.S. Constitution are the
supreme law of the land.
•
If state laws do contradict [conflict] U.S.
law or Constitution the U.S. Supreme
Court can overturn those laws.
The Commander-in-Chief Clause
•
The president shall be
Commander in Chief of the
Army and Navy of the United
States, and of the militia of the
several states…
•
The Commander-in-Chief Clause
gives the president the power to
order military forces into battle.
•
The Framers probably intended for
this power to enable the president
to protect the nation against all
enemies foreign and domestic.
Marbury vs. Madison 1803: The “Job Case”
Established the Supreme Court’s right
to Judicial Review of all laws and
actions of government officials
Facts of the Case:
Outgoing President John Adams issued 42
appointments for magistrates [judges].
Congress had just passed a law called the
Judiciary Act of 1789 which gave President
Adams the chance to appoint the new judges.
The magistrates were confirmed by the Senate
and President Adams ordered his Secretary of
State, James Madison, to deliver all of the
appointments.
But…it just so happened that James Madison
was the in coming president’s new vice
president.
Madison was able to deliver 38 of the 42
appointments of Adams to the new magistrates.
After becoming president, Thomas Jefferson
who was a rival of John Adams, decided to stop
delivery of the remaining 4 appointments so he
could select his own people for jobs.
One of the 4 appointees, William Marbury,
decided to sue so he could receive his job as
allowed by the Senate’s confirmation and the
Judiciary Act of 1789.
President John Adams
President Thomas Jefferson
Marbury vs. Madison 1803: The “Job Case”
Constitutional Issue(s):
• The Court had to decide
whether the actions of
James Madison acting
on orders of new
president Thomas
Jefferson were valid. This
was complicated by the
fact that the
appointments had
already been confirmed
by the Senate. Was
Article 1 and 3
challenged?
Supreme Court’s Ruling:
The Court’s opinion was that
the Judiciary Act of 1789 was
“unconstitutional” which
made the appointment of
Marbury unenforceable by the
Supreme Court. This was the
first time the Court had ever
“reviewed” laws passed by
Congress . The chief justice
declared that it was the
Court’s job to “say what the
law means.”
McCulloch vs. Maryland [1819]: The “Bank Case”
Facts of the Case:
Alexander Hamilton, the Secretary of the
Treasury, convinced Congress that the
United States needed national banks to
help strengthen the new nation by
funding projects to modernize the
country. So the federal government
started creating banks.
Many people decided to take their
money out of state banks to deposit
into national/federal banks.
Since Maryland state banks now
had to compete for customers with
the national/federal banks
Maryland decided to tax them to
cut into their profit.
In Maryland, the national/federal
bank manager, refused to pay a
hefty $15,000 tax by the state.
Maryland sued to recover the tax
and won several cases but the
national/federal bank decided to
appeal what it thought were biased
decisions by Maryland courts.
McCulloch vs. Maryland [1819]: The “Bank Case”
Constitutional
Issue(s):
Did the Congress have
the power to pass a law
creating a national
bank?
Did the state of
Maryland have the
power to tax or enforce
a law against the
national/federal
government?
Supreme Court’s Ruling:
The Court ruled that Congress had
the power to establish a
national/federal bank because of
the Elastic/Necessary and Proper
Clause.
Although the exact/specific
power to create a bank was not in
the Constitution it was implied as
one of their powers.
Whenever there is a conflict
between the national/federal
government and a state the
national/federal government must
prevail [win] as stated in the
Supremacy Clause.
Gibbons vs. Ogden [1824]: The “Boat Case”
Facts of the Case:
Aaron Ogden purchased exclusive rights
to operate steamboats in state waters
between New York City and a town in
New Jersey.
Thomas Gibbons, one of his competitors in
the steamboat business, had a federal
federal license with exclusive rights to
operate steamboats in the very same area.
Ogden believed his license to be superior
to Gibbons’ license and sued to shut down
his rival competitor.
Gibbons vs. Ogden [1824]: The “Boat Case”
Constitutional Issue:
Which license was superior
the federal license or the
state license?
Which jurisdiction was more
powerful?
Did Congress have the power
to regulate commerce
between states
Supreme Court’s Ruling:
The opinion of the Court was
that Congress had the
expressed power to regulate
commerce [trade,
buying/selling, finance].
• Also, the Supremacy Clause
states that…
• Whenever there is a conflict
between the national/federal
government and a state the
national/federal government
must prevail [win, triumph]
Plessy v. Ferguson [1896]: The “Train Car” Case
Facts of the Case:
Louisiana state law allowed for separate
train cars for whites and blacks.
A “justice” committee with members who
were white and black decided to challenge
the law because they thought it was racist and
unfair.
The “justice” committee found a man named
Homer Plessy, who was of mixed race so he
would be allowed to but a ticket in the “white
section.” They also raised money and got a
lawyer to challenge the law just in case Plessy
was arrested.
After Plessy boarded the train he announced
that he was black and was told to go the
“black car.” He refused and was arrested.
He was found guilty and fined $100.
He lost his appeals in a Louisiana state court
but was granted Certiorari 4 years later in the
Supreme Court..
Constitutional Issue:
Was Homer Plessy entitled to equal
Protection/treatment under the law?
Supreme Court’s Ruling:
The opinion of the Court was that separating
people by race was not unfair or racist and
Plessy’s rights were not violated.
The dissenting minority opinion heavily
criticized the majority decision!
Decision’s Effect:
The court’s ruling led to a legal
precedent to the doctrine
[belief/concept] of Separate but Equal.
This ruling led to many years of
government supported racism.
Ruling allowed de jure [by law or legal]
segregation [separation].
Brown v. Board of Education [1954]: The “Separate Schools” Case
Facts of the Case:
A third grade student named Linda Brown
Was forbidden from going to an all-white
school 7 blocks from her home.
Instead she was forced to walk 6 blocks
Across train tracks and past junk yards to
wait at a bus stop to attend a “colored”
school 1 mile from her home.
Constitutional Issue(s):
Would the legal precedent set in the Plessy
case be overturned?
Were racial segregation [separation]
laws allowable?
Supreme Court’s Ruling:
Her parents were persuaded by the
NAACP to sue the school, system after trying
to register their child and being refused.
The opinion of the Court determined
All their appeals were rejected because of
the precedent [stare decisis] set by the
Plessy case decision which allowed
separate but equal public facilities .
also harmed their self image.
The Brown family was granted an appeal
[certiorari] to the Court in 1954.
Separate but Equal effected black children’s
ability to learn because based on studies
The Court’s previous ruling in Plessy was
overturned because they believed the 14th
Amendment of the U.S. Constitution allowed
equal protection under the law.
Korematsu vs. United States [1944]: The “Japanese” Exclusion Case
Facts of the Case:
President Franklin Roosevelt issued an
Executive Order excluding/removing all
Japanese-Americans from the West Coast
of the United States. After the 1941
Japanese attack on the U.S.
Japanese-Americans were forced to sell
their homes and businesses. They were
then relocated to “camps” in Arizona, New
Mexico and Texas.
Many Japanese-Americans had been in the
U.S. for several generations and almost all
were natural born citizens.
Constitutional Issue:
Was the executive order issued by the
President allowable and within his
power?
Were Japanese-Americans treated
unfairly during a time of war?
Supreme Court’s Ruling:
The opinion determined that as
Commander in Chief the president had
the duty, power and responsibility to
use his judgment to determine how
to handle war time emergencies
Many sued to be released but all failed in
their appeals.
Fred Korematsu sued for his release and was
granted certiorari in 1944.
so the “temporary” relocation was
not considered a violation of
Korematsu’s rights.
Heart of Atlanta Motel Inc. vs. United States [1964]:
The “Southern Motel” Case
Facts of the Case:
Constitutional Issue:
Congress passed the Civil Rights Act of 1964
which forbade discrimination in public
places based on race.
Did Congress have the power to make rules
controlling the plaintiff’s business?
The owner of an over 200 room motel in
Atlanta, Georgia decided that because he
did not want to rent to blacks he should not
be forced to do so against his will.
Was the motel’s owner allowed to be legally
forced to do something against his will?
Supreme Court’s Ruling:
The opinion of the Court stated that
He also believed the government could not
“take” or control his property without due
process [organized legal steps].
because the motel was located next to
The owner of the motel, Moreton Rolleston,
was granted certiorari after losing all of his
previous court appeals.
motel was required to follow the Federal
an Interstate Highway and 75% of its
customers were from out of town the
Civil Rights Act of 1964 because it was
within Congress’ power to regulate
business [commerce].
Swann vs. Charlotte-Mecklenburg Board of Education [1971]:
The “Forced Busing” Case
Facts of the Case:
Constitutional Issue(s):
After all efforts to desegregate schools in
North Carolina schools in the CharlotteMecklenburg system remained heavily
racially segregated [separated by color].
Was the ruling in the Brown case being
obeyed by this school district?
The parents of black 6-year old James Swann
believed that not being able to go to a
school of their choice beyond their
neighborhood was preventing the child
from receiving a proper education.
The parents believed that busing should be
provided to insure that desegregation was
really happening and their child was going
to a school that was appropriate.
All lower courts ruled in the school district’s
favor because all but most elementary schools
were busing students.
Must a state government agency “go out of
its way” to insure constitutional rights?
Supreme Court’s Ruling:
The opinion of the court stated that without
forced busing of students to even
out the racial mix of schools the district was
not doing enough to make sure schools were
not racially segregated.
Forced busing become mandatory if the
schools wanted to do it.
Sources
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jpg
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http://www.columbia.edu/itc/law/witt/images/lect9/fx23_william_marbury.jpg
http://en.wikipedia.org/wiki/Article_Three_of_the_United_States_Constitutio
n
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