Separation of powers: checks and balances
Role of the Judicial
McCulloch v. Maryland
Maryland attempted to tax all
banks not chartered in the state
The Constitution grants to Congress implied powers to create a functional national government
State action may not impede valid constitutional exercises of power by the Federal government (decision against Maryland)
Necessary & Proper Clause
Dred Scott v. Sanford
Because Scott had been in both a free state and a free territory he sued for his freedom. The Taney court decided that no one of African descent could ever gain rights.
Major setback for the fight for equality among African Americans
Plessy v. Ferguson
Plessy attempted to sit in a “whites only" railway car but was rejected because he was 1/8 black
Separate but equal
Schenck v. United States
Charles Schenk circulated a flyer to recently drafted men. The flyer cited the Thirteenth Amendment's provision against "involuntary servitude.
First amendment rights are curtailed during a time of war if they present a clear and present danger to the nation
Freedom of speech
Limited in wartime
Korematsu v. United States
Korematsu sued the US Government for its internment of Japanese Americans during WWII
Upheld the power of the president in wartime to limit a group 's civil liberties
Presidential powers during wartime
Rights of ethnic/racial groups
Board of Ed.
Thirteen Topeka, Kansas parents called on the board of education to reverse its policy of racial segregation
Court overturned Plessy v. Ferguson s “separate but equal” clause
Segregation violates the 14th
Miranda was accused of rape and robbery. He admitted to robbery and attempted rape, but the case was repealed because he was never made aware of his rights
Established the requirement of law enforcement to read Miranda Rights to accused Citizens
Three students were suspended for wearing black armbands in protest of Vietnam
Are 1st Amendment “symbolic” rights relinquished in a school?
Freedom of Speech and Expression
NY Times v.
Daniel Ellsberg's "Pentagon Papers" were being published in a public newspaper
Freedom of the Press cannot be limited by only governmental claim of National Security interests
Freedom of Speech and Press
Norma L. McCorvey ("Jane Roe ) claimed that she was pregnant as a result of rape and sued the state of Texas because their laws against abortion violated her privacy rights under the 14th Amendment
The central holding of Roe v. Wade was that abortions are permissible for any reason a woman chooses, up until the "point at which the fetus becomes `viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid.
Rights of women
New Jersey v. T.L.O
Two female HS students were searched for other "paraphernalia" after being caught smoking rolling papers were discovered and student later confessed to selling marijuana
Could the confession stand up as a result of this search and seizure - Furthermore were the search and seizure Constitutional?
4th Amendment school ground limitations
Planned Parenthood of Southeaster PA et al. v.
Could states "lower the standards for restricting the right to privacy concerning abortion via Roe v. Wade
Can limitations be made by states on abortion rights as granted via Roe V. Wade?