Exam 1 Review

Exam 1 Review - REVIEW POLS 206-508 EXAM 1 Important Court...

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REVIEW POLS 206-508 EXAM 1 Important Court Cases: McCulloch v. Maryland (1819) most important in American history; under John Marshall (favored strong national government); he gave a broad interpretation (favored by Daniel Webster) of the constitution stating that the congress has power to create a national bank citing “necessary and proper” clause (implied powers: Congress could make economic policy consistent with the Constitution); also stated that MD does NOT have power to tax bank citing Supremacy clause; this case laid the foundation for Congress to have more power; what McCulloch pronounced constitutionally the Civil War settled militarily (a struggle between states and the national government) Gibbons v. Ogden (1824) Marshall again argues for a broad interpretation of the Constitution (Article I, section 8) in terms of commerce power; ruled that commerce power extends to all commerce that involves >1 states; job of congress is to PROMOTE commerce, not regulate; Marshall states that Congress’ power in Constitution is “comprehensive”; Congress is not yet taking advantage of the new powers it has received Miranda v. Arizona (1966) extended the 6 th amendment (must inform the right to remain silent) and the 5 th amendment (right to remain silent); sets guidelines for police questioning *extended the BoR to states The Slaughterhouse Cases (1873): government seized unsanitary slaughterhouses without due process; case caused first two clauses of the 14 th amendment to become meaningless; in 1897 the court decided that the 5 th amendment extends all amendments to states Barron v. Baltimore (1833): Dealt with BoR; Barron sues city of Baltimore using 5 th amendment “takings” clause (gov’t will not take private property for public use without just compensation); made BoR a national protection; government picked up extra power; rules that the Constitution creates “dual citizenship” or state and ntnl gov’t (BoR not extended to states yet —gets reversed with Gitlow v. New York ) Plessy v. Ferguson (1896): dealt with 14 th amendment; Plessy was 1/8 th black and was fined for getting on the white trolley car; ruled separate but equal was fine; overturned by Brown v. Board Brown v. Board I (1954): sought out case NOT in the deep south; ruled separate (segregation) was inherently unequal because it violated the 14 th amendment’s guarantee of equal protection; marked the end of legal segregation in US 1. states could no longer use race as a criteria for discrimination 2. gave national government power to intervene Limitations 1. Court cases only immediately binding on parties involved (Brown II-1955) Desegregate “with all deliberate speed” 2. Brown only dealt with public schools 3. Supreme Court cannot enforce its own decision—rely on other govt forms to back them up Gitlow v. New York (1925): ruled that freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the 14
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This note was uploaded on 04/04/2008 for the course POLS 206 taught by Professor Someonethatwasjusttryingtogettheirdoctorate during the Fall '06 term at Texas A&M.

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Exam 1 Review - REVIEW POLS 206-508 EXAM 1 Important Court...

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