Issue: Equality Issue: Civil Liberties Issue: Rights of the Accused Issue: The Judicial Branch 200...
-
Upload
jonah-holt -
Category
Documents
-
view
219 -
download
2
Transcript of Issue: Equality Issue: Civil Liberties Issue: Rights of the Accused Issue: The Judicial Branch 200...
Issue:
Equality
Issue: Civil Liberties
Issue: Rights of the Accused
Issue: The Judicial
Branch
200
300
200
300
400
500
100
200
400
100
200
100
300
100
Answer
This ruling declared that African Americans were property and could be taken anywhere; also that African Americans cannot be citizens of the United States and that Congress had no power to forbid slavery in the United States territories.
Answer
This ruling permitted legal segregation by ruling that “separate but equal” facilities did not violate the Constitution’s equal
protection clause.
Answer
This ruling reversed Plessy v. Ferguson and ruled that separation of races in public
schools violates the constitutional guarantees of equal rights.
Question
What is
Brown v. Bd.
of Education of Topeka
(1954)?
George Hayes, Thurgood Marshall and James Nabrit in front of the Supreme Court, 1954. Photo: Cass Gilbert/Corbis
Answer
This ruling established limits on free speech, hold that this right is not absolute. It set the “clear and present danger” standard for when free speech can be restricted.
“Free speech would not protect a man falsely shouting fire in a theater and
causing panic…” – Justice Oliver Wendell Holmes
Question
What is
Schenck v. United States
(1919)?
During World Word I Schenck distributed fliers that urged young men not to register for the draftas required by federal law. He was arrested and said it violated his freedom on Speech. The Supreme Court disagreed. Intime of danger the governmentcan limit civil liberties.
Answer
This ruling held that the executive order issued by President Franklin D. Roosevelt
that sent Japanese Americans to internment camps during World War II was constitutional because of a threat posed to
national security.
Answer The New York State Board of Regents asked public school to adopt a prayer. Ten families went to court claiming that
this violated the 1st Amendment. The case went from a New York State Court to the United States Supreme Court. The Court ruled that prayer in schools violated 1st
Amendment rights regarding establishment of a state religion.
Answer
This ruling gave women the right to abortion and supported this decision on the basis of
a constitutional right of privacy.
Answer
Newspapers were publishing a classified study on Vietnam policy entitled “History of United States Decision Making Profess on Vietnam Policy,” commonly called the
“Pentagon Papers.” This issue was whether the President of the United States
had the power to stop it publication.
Answer
This ruling held that the
14th Amendment due process clause guaranteed a 6th Amendment right to a
lawyer to all defendants in a criminal case. It also ruled that the state must provide a lawyer if the defendant cannot afford to
pay for one.
Question
What is
Gideon v. Wainwright
(1963)?
Charged with breaking and entering into a Panama City, Florida, pool hall, Clarence Earl Gideon Gideon, was denied his request that an attorney be appointed to represent him. The Supreme Court reversed his conviction, holding that defense counsel is "fundamental and essential" to a fair trial.
Answer
This ruling held that police must inform suspects when arrested of their right to
remain silent, their right to have a lawyer when questioned, and that what they say may be used against them. This is based on the 5th Amendment right against
self-incrimination.
Question
What is
Miranda v.
Arizona
(1966)?
A mug shot of Ernesto Miranda, whose wrongful conviction led to the landmark case Miranda v. Arizona, in which the Court held that detained criminal suspects must be informed of their rights prior to police questioning.
Answer
This ruling held that citizens are protected against unlawful search and seizure by the
states as well as by the federal government as guaranteed by the 4th
Amendment.
Question What is
Mapp v. Ohio
(1961)? Dollree Mapp: police forcibly entered her house without a search warrant and found obscene items. After being prosecuted and convicted, Mapp appealed her conviction to the Supreme Court. In Mapp, the Court expanded the reach of the Fourth Amendment to the actions of state law enforcement officers. Evidence illegally obtained could be excluded from trial. After Mapp, the use of search warrants increased dramatically in all states.
Answer
This ruling held that students in public schools do not have the same 4th
amendment rights as adults.
Question
What is
New Jersey
v. T.L.O.
(1985)?
A school official caught T.L.O smoking in a school bathroom. She was taken to the principal’s office, where the assistant vice-principal demanded to see her purse. He found a pack of cigarette rolling papers, marijuana, a pipe, empty plastic bags, a bunch of one-dollar bills, and a list of students who owed T.L.O. money. The Supreme Court ruled that school officials don’t need a warrant before searching a student on campus if they have a justifiable reason that is related to the search.
Answer
The ruling established the power of the Supreme Court to declare an act of Congress or of the executive branch
unconstitutional.
“Judicial Review”
It also strengthened the judiciary in relation to the other branches of government.
Answer
This ruling broadened the power of Congress to use the “elastic clause” of the
Constitution to expand federal power.
It also established the principles of national supremacy – that the Constitution and
federal laws overrule state laws when the 2 conflict.