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Case Table (test 1) - Case Marbury v Madison Concerning...

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Case Concerning Facts Ruling Tests Applied/Discussed Marbury v Madison Overview: Judicial Review Marbury as a “midnight appt”. Madison would not deliver it. Writ of mandamus asked for. Dismissed – For lack of jurisdiction. Established judicial review. The Jud. Act of 1890 was unconstitutional. Ex Parte McCardle Overview: Judicial Review Congress revoked the Court’s power of review before the case was heard. Dismissed – For lack of jurisdiction. Power to make exceptions to appellate jurisdiction expressly given to congress in the Constitution Martin v Hunter’s Lessee Overview: Judicial Review The USSC may review a state court decision which includes a challenge to the US Constitution. US v Klein Overview: Judicial Review Congress can remove jurisdiction in a class of cases, but not singly: would create co-equal branches. Barron v Baltimore Incorporation Wharf owners wanted compensation. Said that the 5 th Amen. should be applied to the states Dismissed – For lack of jurisdiction. Bill of Rights was not intended to and does not apply to the states. Slaughterh. Cases Incorporation 14 th Amen’s priv. and immunities clause protected the butchers. Affirmed B of Rights not incorporated through p & i. The effect would be to fetter state gov’t by subjecting it to congress Hurtado v California Incorporation Hurtado killed wife’s lover. Wanted right to grand jury through due process of 14 th . Affirmed **B of Rights not incorp’ed through due process. Due process specifically states what it covers. Chicago, Burl, & Quincy RR v Chicago Incorporation Economic issues. Wanted due compensation as granted in the 5 th . Reversed B of Rights incorporated through application of 5 th through due process of 14 th . Twining v New Jersey Incorporation Involved fraud charges. Refused to take the stand pleading the 5 th . Affirmed Began selective incorporatio. DP does not prevent state from denying the right against self incrimination. Gitlow v New York Incorporation Gitlow contended that his Manifesto was protected by free speech of 1 st . Affirmed 1 st Amend. Selectively incorp’ed. Freedom of speech and the press were are protected by the 14th Palko v Incorporation Palka wants double Affirmed Court rejects argument that
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Connecticut jeopardy of 5 th incorporated what is forbidden by 5th is forbidden by 14 th , only fundamental rights are. *Adamson v California Incorporation **Court declines to incorporate s-incrim. Federalism requires that 14th not interfere with states *Duncan v Louisiana Incorporation La const. only granted jury for hard labor or death cases. Wanted trial by jury incorp’ed Reversed Trial by jury deemed fundamental and incorp’ed.
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  • Spring '10
  • dkdjs
  • First Amendment to the United States Constitution, free exercise, Richardson Establishment Establishment Establishment Free Exercise, Security Internal Security

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