Post on 01-Jan-2016
Alexander Hamilton
Federalist #78
John MarshallMarbury v.
Madison (1803)
Scott v. Sandford (1857)
Missouri Compromise of 1820
13th Amendment (1865)
Brown v. Bd. of Education (1954)
Southern Manifesto.
Texas v. Johnson (1989)
Communist, anti-Reagan protestor.
Flag burning =free speech
“Rights in conflict.”
Schenck v. U.S. (1919)
Oliver Wendell Holmes, Jr.
“Clear and Present Danger” Test
Roe v. Wade (1973)7-2 decision
Today’s Supreme Court:
5 appointed by Republican (pro-life) presidents.
4 appointed by Democrat (pro-choice) presidents.
Korematsu v. U.S. (1944)
Japanese internment5th Amendment –
Due Process?
Thesis: The 14th Amendment greatly increased the power and the reach of the Supreme Court!
Business damaged by state action.
Barron sues.
Maryland state courts refuse compensation.
Barron appeals to federal S.C. on 5th Amendment grounds.
Government can’t deny life, liberty or property without due
process (“Due Process” clause).
Chief Justice John Marshall.
Does the Bill of Rights restrict STATE actions?
S.C. says, NO!
FEDERALISM
StateS.C.S.C.
President
Congress
StateGovt.
Const.
Bill of
Rights
State Const
.
13th Amendment (1865) – outlawed slavery.
Black codes (STATE laws) limited the rights of freed
slaves.
Barron decision limited STATE cases to STATE courts.
StateS.C.
State District Courts
State Appeals Courts
To Fed.Courts
Jury
Gives citizenship to anyone born in the United States.
“No STATE can deny life, liberty or property without due
process.”
“Nor shall any STATE deny the equal protection of the laws.
FEDERALISM
StateS.C.
S.C.14th Amendment
Congress
President
StateGovt.
Const.
Bill of
Rights
State Const
.
The Barron decision limited state cases to state courts.
Black codes showed that not all states are fair to all citizens.
14th Amend was originally intended to help freed slaves.
Now it can be used by anyone to challenge unfair state laws & actions.
Re-statement of Thesis: The Supreme Court is immensely more powerful as a result of
the 14th Amendment!