Court Cases - Court Cases that have changed our Society...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Court Cases that have changed our Society Case Name/ Year Issue Decision and consequence Terms of Importance Marbury v. Madison (1801) William Marbury was refused his appointment (from Adams) by new President Jefferson and Madison (SOS) Created Judicial Review. Court could decide constitutionality. John Marshall established power of the Court. McCulloch v. Maryland (1819) Did Congress have the power to establish a bank? Did Maryland taxing the bank interfere with congressional powers? Yes. Strengthened National Government. Established division of powers between state and local govts. Established: 1) Necessary and Proper Clause. 2) Implied powers 3) Elastic Clause Gibbons v. Ogden (1824) New York grants monopoly to Robert Fulton’s steamboat company to operate exclusively. Enforces McCulloch v. Maryland and nationalistic interpretation of Constitution. Implied powers. Gave rise to interstate commerce idea. Established supremacy of natl. govt. in all matters affecting interstate commerce. Dred Scot v. Sandford (1856) Was Scot a free man after his owner had died and he had lived in free state territory as part of Missouri Compromise? No. Strengthened rights of slave owners. 1) Fugitive Slave Act. Slaves could and must be returned to previous servitude. 2) He couldn’t sue; he wasn’t a citizen of US. He had no rights. CJ Roger Taney slave owner himself. Further polarized the North and South as we were headed for war. Schenck v. United States (1919) Schenck mailed circulars to WW1 draftees. The leaflets said draft was “monstrous wrong” and should repeal Conscription Act (compulsory enrollment in armed services) Charged with violation of Espionage Act but attempting to cause insubordination in military. Are Schencks’ actions (words, expression) protected by 1 st ? 1 st . Amendment (free speech) Justice Holmes said no! During wartime, utterances tolerable (during peacetime) can be punished. Near v. Minnesota. Gitlow v. NY (1923) 1 st . Amendment issue. Socialist writes the “Left-wing Manifesto” where he espouses overthrow of American Govt. by class-action strikes. Convicted under NY anarchy law. Did law violate free speech rights? 2 questions: Does 1 st . Amendment apply to states? Yes. Did law violate free speech? No. Free speech does have limitations; “Fire in Theatre” idea Even though there was no clear and present danger, if speech has dangerous tendencies, court can restrict. Dangerous Tendency Test US v. Carolene Products Co. (1923) A 1923 act of Congress banned the interstate shipment of “filled milk”. Carolene is indicted for this violation. They challenged the law. Does the law violate Commerce
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 4

Court Cases - Court Cases that have changed our Society...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online