Established judicial review precedent – first time the SC examined a decision from the executive and declared it unconstitutional
1 of 14
Strength Cases
McColluch vs. Maryland
Maryland attempted to tax the federal government (the National Bank, specifically)
Also a question of Congress passing “necessary and proper” laws – turns out if Congress passes a law, it is by definition necessary and proper
Federal government wins – supremacy clause (feds beat states when there is a conflict)
2 of 14
Strength Cases
Gibbons vs. Ogden
Supremacy clause again – conflict between state and fed
Interstate commerce clause – when there’s conflict between two states, feds get to say which wins (in this case, a river running between two states)
3 of 14
Limitation Cases
Scott vs. Sanford
1856
Scott was a slave who believed when he was taken to a free state he was therefore free
Lost the case, as slaves were basically ruled to be property (doesn’t matter where you take them, they’re still slaves)
(Could be argued to have been good for slavery, by being deeply objectionable to all abolitionists and maybe helping start the civil war)
4 of 14
Limitation Cases
Plessy vs. Ferguson
14th Amendment – “equal protection and due process of the law”
Separate is equal – Plessy lost, Jim Crow won
5 of 14
Limitation Cases
Schenk vs. US
Schenk was anti-war, got arrested for it
SC allowed the arrest, comes up with doctrine: the clear and present danger doctrine – they’re not limiting the 1st Amendment, but because Schenk was telling people to not accept the draft and was creating a clear and present danger; freedom of speech still applies, but not everything is allowed under it
6 of 14
Limitation Cases
Korematsu vs. United States
Regards habeus corpus – no imprisonment without trial, right to be left alone when you haven’t done anything!
Japanese Americans were being regarded as the enemy in WWII; they were interned – removed from their homes and put under lock and key, no torture or imprisonment but they weren’t allowed to leave
Turns out in WWII you can do what you like – US won
7 of 14
Limitation Cases
Korematsu vs. United States
Regards habeus corpus – no imprisonment without trial, right to be left alone when you haven’t done anything!
Japanese Americans were being regarded as the enemy in WWII; they were interned – removed from their homes and put under lock and key, no torture or imprisonment but they weren’t allowed to leave
Turns out in WWII you can do what you like – US won
8 of 14
Expansive Cases
Brown vs. Board of Education
14th Amendment job – this time, court says separate is not equal
Basically outlaws segregation and begins getting rid of Jim Crow
Fits well with Plessy vs. Ferguson
9 of 14
Expansive Cases
Mapp vs. Ohio
Police entered house with fake warrant, found *********** and arrested her
Ruled police were not allowed to use the evidence
Exclusionary rule – can’t use evidence you shouldn’t have been able to find, in essence
4th Amendment
10 of 14
Expansive Cases
Mapp vs. Ohio
Police entered house with fake warrant, found *********** and arrested her
Ruled police were not allowed to use the evidence
Exclusionary rule – can’t use evidence you shouldn’t have been able to find, in essence
4th Amendment
11 of 14
Expansive Cases
Engel vs. Vitale
School-sponsored prayer violates 1st Amendment – church and state
Establishment clause – govt can’t pass laws that establish religion
No matter how many religious people there may be, not allowed to have state-sponsored prayer
12 of 14
Expansive Cases
Miranda vs. Arizona
Right to remain silent; to an attorney
5th Amendment was expanded to police having to tell you that you have the right to remain silent
Later expanded in Gideon vs. Wainwright (gives you a lawyer if you can’t afford one)
Also expanded in Escebedo vs. Illinois (if you ask for a lawyer, you have to get one)
13 of 14
Expansive Cases
Tinker vs. Desmoines
Student wearing armband against Vietnam, principle told him to take it off or get out
1st Amendment – you are allowed to do such things in school
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