Dred Scott v Sanford
Click the card to flip 👆
1 / 17
Terms in this set (17)
Dred Scott was an enslaved African American who had lived for a while in Illinois and in the Wisconsin Territory, both of which banned slavery. Scott sued for his freedom, arguing that since he had lived in a free state and a free territory, he was a free man. In 1854, a federal court found against Scott, ruling that he was still a slave. Scott's lawyers appealed to the Supreme Court, which heard arguments in 1856 and delivered its decision the following year.

The Court ruled that no African American could be a citizen and that Dred Scott was still a slave. The court also ruled that the Missouri Compromise of 1820 was unconstitutional.
The state of Louisiana enacted a law that required separate railway cars for blacks and whites. In 1892, Homer Plessy--who was 1/8 black --took a seat in a "whites only" car of a Louisiana train. He refused to move to the car reserved for blacks and was arrested

Established "separate but equal", also know as segregation, as constitutional.
First amendment provides protecion of the right to religious worship, shields Americans from the establishment of state sponsored religion. Each day after school, students and teachers voluntarily recited prayer. The prayer was drafted by state education agency, New York Reagents. Two Jewish families (including Stephen ENgel) sued the school citing the first amendments 𝐄𝐬𝐭𝐚𝐛𝐥𝐢𝐬𝐡𝐦𝐞𝐧𝐭 𝐜𝐥𝐚𝐮𝐬𝐞.After NY courts upheld the prayer, the objecting families asked the supreme court to hear their case.

Expanded separation of church and state via Establishment Clause of the First Amendment.
James McMillan, the federal district judge in the case, ruled in favour of the Swanns and oversaw the implementation of a busing strategy that integrated the district's schools. McMillan's decision was appealed to the U.S. Supreme Court, which upheld it. The busing strategy was adopted elsewhere in the United States and played an instrumental role in integrating U.S. public schools.
Charles T. Schenck was general secretary of the U.S. Socialist Party, which opposed the implementation of a military draft in the country. The party printed and distributed some 15,000 leaflets that called for men who were drafted to resist military service. Schenck was subsequently arrested for having violated the Espionage Act; he was convicted on three counts. arguing that the Espionage Act was unconstitutional and that his client was simply exercising his freedom of speech guaranteed by the First Amendment.

create a clear and present danger
1819, Cheif justice john marshall limits of the US constition and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. supreme court ruled that power of federal govt was supreme that of the states and the states couldnt interfere

"Necessary and Proper" clause
In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security

Justice Brennan reasoned that since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.
President Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act. "Midnight Appointments" were seen as an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took Office. Under Secretary of State Madison refused to deliver the commissions by orders from Jefferson.Marbury relied on the Judiciary Act of 1789 as the basis for making a motion for a writ of mandamus.

fundamental and paramount law of the nation" and that "an act of the legislature repugnant to the constitution is void." In other words, when the Constitution - the nation's highest law - conflicts with an act of legislature, that act is invalid. This case establishes the Supreme Court's power of judicial review.
Chicago adopted a handgun ban to combat crime and minimize handgun related deaths and injuries. Chicago's law required anyone who wanted to own a handgun to register it. Possession of an unregistered firearm was a crime

1) Second Amendment right to keep and bear arms for the purpose of self-defense is fully applicable to the states under the 14th Amendment.2) self-defense is a basic right, and that, under Heller, individual self-defense is the central component of the Second Amendment right to bear arms. 3) Court suggested that reasonable gun restrictions are applicable
-a high school dropout, McCorvey, unsuccessfully sought an abortion in TX-TX prohibited abortions unless necessary to save a woman's life-McCorvey carried her child and gave it up for adoption-the lawyer who arranged for the adoption also introduced McCorvey to two University of Texas Law School graduates, both female-the three women decided to challenge the constitutionality of TX's law and McCorvey became Jane Roe in a test case against Henry Wade, a criminal district attorney for Dallas County-Wade appealed to the supreme court the decision of a three-judge federal district court striking down TX's law-the court granted review and heard oral arguments and then carried the case for rearguments

The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling.
Gideon v. Wainwright1) Gideon was arrested by police after he was found nearby a burglary with a pint of wine and some change 2) Gideon, who could not afford a lawyer, asked the Florida court to appoint one for him, arguing that the Sixth Amendment entitles everyone to a lawyer.3) Florida state law required appointment of counsel for indigent defendants only in (death penalty) cases.4) Gideon filed a habeas corpus petition, arguing that he was improperly imprisoned 5) Florida Supreme Court ruled against him, and SC agreed to hear Gideon's case - Supreme Court ruled unanimously for Gideon- Supreme Court overturned part of Betts v. Brady- Protection from the Sixth Amendment applied to state courts as well as federal courts. State courts must appoint counsel to represent defendants who cannot afford to pay for their own lawyers if charged with a felony.Lemon v KurtzmanOn January 28th 1971, Lemon won*8-0*any state law that establishes religious body is a violation of the constitution *separation of religion and government aid Establishment clause *the statute must have a secular legislative purpose. (Purpose Prong)*the principal or primary effect of the statute must not advance nor inhibit religion. (Effect Prong)*the statute must not result in an "excessive government entanglement" with religion (Entanglement Prong)Reynolds v U.S.George Reynolds, secretary to Mormon Church leader Brigham Young, challenged the federal anti-bigamy statute. Reynolds was convicted in a Utah territorial district court. His conviction was affirmed by the Utah territorial supreme court. No. Chief Justice Morrison R. Waite, writing for a unanimous court, held that the statute can punish criminal activity without regard to religious belief. The First Amendment protected religious belief, but it did not protect religious practices that were judged to be criminal such as bigamy. Those who practice polygamy could no more be exempt from the law than those who may wish to practice human sacrifice as part of their religious belief.Oregon v Smith- Albert smith native American church ate peyote as a member of the church fired from job as rehab adviser.- Oregon dpt of human resources turned down his claim for unemployment benefits "work related misconduct"- state court found 1st amendment violation. "work related misconduct." makes a distinction in right to believe in different religions and the performance of different acts related to religious beliefs. Right to believe in different religions is protected, the right to take action in certain beliefs may not.Brown v Board of EducationIn each of the cases, African American students had been denied admittance to certain public schools based on laws allowing public education to be segregated by race. They argued that such segregation violated the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs were denied relief in the lower courts based on Plessy v. Ferguson, which held that racially segregated public facilities were legal so long as the facilities for blacks and whites were equal. UNANIMOUS DECISION FOR BROWNSeparate but equal educational facilities for racial minorities is inherently unequal violating the Equal Protection Clause of the Fourteenth AmendmentMartin Luther King's Letter from the Birmingham Jailhttps://www.litcharts.com/lit/letter-from-birmingham-jail/summary-and-analysis1st Amendment